Western Australia’s response to the illegal tobacco and vape scourge has improved but it still lags well behind national leader Queensland, an Australian Council on Smoking and Health investigation has found.
The ACOSH illicit tobacco ladder puts WA in fourth place behind New South Wales, South Australia and Queensland.
Chief executive Laura Hunter said recent changes to the Tobacco Products Control Act 2006 got the state some points on the board, but plenty more needed to be done.
“To shut down the illicit tobacco business model once and for all, every state and territory needs to turn up and play their role — backed by strong, coordinated leadership from the federal government,” Hunter said.
WA has played catch-up when it comes to the proliferation of illegal tobacco and vape stores popping up around the state, despite warning signs from the tobacco wars in Victoria since 2020.
There have been several firebombings of tobacconists and convenience stores linked to the illegal tobacco trade across the state, which have caused a political headache for the Cook government.
The Tobacco Products Control Act 2006 was amended earlier this year to increase the maximum penalty for possession of a large commercial quantity of illicit tobacco and vaping products to $4.2 million for an individual or $21 million for a company, and 15 years imprisonment – the highest of any jurisdiction.
WA Health was also given the power to close stores suspected of illicit tobacco sales for up to 90 days and up to 12 months with a court order.
The state is also recruiting to expand its inspections team and has approved ‘secret shopper’ style undercover stings to uncover illicit tobacco shops.
However, none of those powers come into force until later this year. A second tranche of legislation on leasing and tenancy laws, granting landlords the power to evict illicit tobacco shops, has also been promised for later in the year.
Hunter supported a recent move by the Fremantle council to apply greater planning scrutiny on applications to set up tobacconists and convenience stores with the city centre inundated with those shops.
“WA must introduce lease termination powers and offences for complicit landlords, which strikes a balance of accountability and protection in other states,” the ACOSH report said.
“If WA wants to climb the ladder, it must tighten the rules across the entire supply chain to ensure licensed wholesalers and retailers only buy from other licensed operators with clear offences and penalties for anyone who breaks the rules.”
The government has promised to boost inspector numbers up to 40 full-time equivalent roles, but Hunter said that needs to increase to at least 75 FTE inspectors to work effectively.
“While WA has taken action to increase its enforcement workforce, it still falls far short of the number of officers per capita in other states. Time for another recruitment drive,” she said.
WA Health carried out 904 inspections in 2025.
Hunter also wanted the government to ban online tobacco sales.
“Governments around the country are on notice: if you’re not controlling illegal tobacco, you’re dropping the ball on public health,” she said.
A spokeswoman for Health Minister Meredith Hammat said they were working to double inspector capacity.
“The selection and recruitment of staff has been completed and onboarding is ongoing,” she said.
“Our Government has passed some of the toughest tobacco laws in the country.
“This strengthened team is preparing to enforce the new legislation.”
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