Laws on smoking

The Western Australian em>Tobacco Products Control Act 2006 (external site) aims to reduce the instance of illness and deaths caused by tobacco use by:

  1. Prohibiting the sale and supply of tobacco products to young people.
  2. Discouraging the use of tobacco products.
  3. Restricting the promotion of tobacco products.
  4. Reducing community exposure to second-hand smoke.

In WA, it is illegal to smoke:

  • in enclosed public places (such as shopping centres, hospitals, cinemas, theatres, pubs, clubs, restaurants)
  • in outdoor eating areas, unless in a designated smoking area in a liquor licensed premises
  • between the flags at patrolled beaches
  • in taxis, on buses and other public transport that is available to or being used by the public
  • in vehicles carrying children under age 17
  • near playground equipment.

It is also illegal to sell goods that are designed to resemble cigarettes/cigars or in packaging that resembles a cigarette/cigar package. This means the following cannot be legally sold in WA:

  • candy or chocolate cigars or cigarettes
  • mints/lollies in a packet that looks like a cigarette packet
  • cigarette lighters that look like cigarettes
  • e-cigarettes (the sale of nicotine cartridges for e-cigarettes is also restricted under poisons legislation).

Cigarettes sold in Australia after 1 December 2012 must be in plain packaging (external site). Plain packaging has helped prevent smoking.

Laws in Australia restrict tobacco advertising (external link) to limit people’s exposure to messages and images that may persuade them to start or continue smoking.