Closure-orders
Closure order powers under Western Australia’s tobacco and vaping laws are now in place.
A closure order is a legal order that enables the Department of Health to temporarily close a premises under the Tobacco and Other Products Control Act 2006 (WA).
Closure orders are strong enforcement action used to disrupt the trade in illicit tobacco and vaping products. They help protect public health by preventing access to unregulated and harmful products.
For information about wider reforms, visit New tobacco and vaping laws in Western Australia.
When a closure order can be issued
The Department of Health may issue a closure order in cases involving illicit tobacco, illicit vapes or other prohibited products.
This includes situations where these products are found to be stored, sold or supplied from a premises.
Where illicit activity is identified, products may be seized, and individuals or businesses may face significant penalties and other enforcement action, including prosecution and imprisonment.
What happens when a premises is closed
A closure order applies to the entire premises identified in the order.
When a closure order is issued:
- a closure notice is placed at or near a main entrance.
- the premises must close immediately from the date and time on the notice.
- no one may enter the premises while the order is in force, except in limited and prescribed circumstances.
Details of closed premises.
Closure order duration
There are three types of closure orders:
- Interim closure: up to 72 hours
- Short‑term closure: up to 90 days
- Long‑term closure: up to 12 months, if ordered by a Court.
Prohibited products
Prohibited products are illicit tobacco or illicit vaping products that do not meet Australian legal requirements.
These include:
- tobacco products that do not meet the exact standards for packaging, labelling, contents and health warnings required under Commonwealth law
- loose tobacco or cigarettes sold without packaging
- tobacco products that have been illegally imported
- disposable vapes and any other vaping products supplied without a prescription.
Other products may also be prohibited under the regulations.
Information for retailers
Businesses and retailers are responsible for ensuring they comply with WA’s tobacco and vaping laws.
If a closure order applies to your premises
You must close the premises completely. No one may enter, including owners, staff or contractors.
Breaching a closure order is an offence and can lead to further enforcement action.
- Entry is not permitted for any purpose, including to prepare or move stock, or to operate the business in any way.
- Access is only allowed with prior written approval from the Department of Health.
Closure notices must remain in place at all times. They must not be removed, damaged or covered. Doing so is an offence under the Act and may attract a significant fine.
- Authorised officers may inspect the premises during the closure period.
- A closure order does not automatically cancel a tobacco seller’s licence. However, enforcement action may affect future licencing decisions.
- A closure order does not end a lease or other contractual arrangements.
Information for landlords
Landlords should take reasonable steps to ensure their premises are leased to lawful businesses.
- A closure order does not end a lease or other contractual arrangements.
- Landlords may apply to the Department of Health for approval to access their property during a closure order. Conditions will apply if access is granted.
- Closure order may be varied or revoked where appropriate. They remain in force while any request is being considered.
Access to a closed premises and exemptions
Access to a closed premises is strictly limited.
Entry is only permitted in highly limited circumstances without prior approval, such as when:
- emergency services are responding to an incident
- authorised persons are carrying out official duties.
These circumstances do not allow any trading or business activity.
All other access requires prior written approval from the Department of Health.
Applying for approval to enter
The Department of Health can assess applications to grant approval to enter a closed premises.
- You must obtain written approval before entering.
- A closure order remains in force while any application is being considered.
Applications must clearly explain why access is necessary, what activities will occur, and who will attend.
If approval is granted, strict conditions will apply and must be followed.
Email: closure.TVRD@health.wa.gov.au
Closure cancellation
The Department of Health will assess requests to vary or revoke a closure order based on the evidence provided and ongoing risk to public health.
A closure order remains in effect until it expires or is formally revoked. Ending a lease does not affect the order.
Offences and penalties
It is an offence to:
- enter or remain on a closed premises
- remove, obscure or interfere with a closure notice
- supply prohibited products from a closed premises.
Significant penalties apply and further enforcement action may be taken.
For example, entering a premises while it is closed may lead to fines of up to $400,000 for individuals and $2 million for companies.
More information
Tobacco Control Compliance
Email: closure.TVRD@health.wa.gov.au