New tobacco and vaping laws in Western Australia
Legislation to strengthen Western Australia's tobacco and vaping laws has been passed by the WA Parliament.
The Department of Health is preparing to implement the new legislation. Summary information is provided below on the major changes that will commence soon.
This page will be updated as the laws come into effect and as additional guidance becomes available.
What is changing under the new laws?
The new laws introduce stronger measures to address the illicit tobacco and vape trade in WA. Under the changes:
- It will be an offence to sell, supply or possess illicit tobacco or vaping products (vapes).
- Authorities will be able to shut down premises involved in illegal trade.
- Penalties for offences will significantly increase.
- Smoke‑free public places will also become vape‑free.
These changes build on existing laws and are intended to deter illegal trade, strengthen enforcement, and protect public health.
Further legislative changes are expected to be introduced to Parliament later in 2026.
Why the new laws are important
Smoking and vaping can cause serious harm to health. Tobacco use remains a leading cause of preventable disease and death in WA. Vaping can cause nicotine dependence and expose people to harmful chemicals.
Strong laws help protect the community, especially children and young people. They limit access to harmful products and reduce exposure in public places.
The Department of Health oversees a state-wide tobacco control program. This includes regulation and enforcement, public education campaigns, and support to help people quit.
What are illicit tobacco and vaping products
Illicit tobacco products are products that do not meet Australian legal requirements (external link). This can include:
- Tobacco products that do not use the exact plain packaging, colours and health warnings required under Commonwealth law.
- Loose leaf tobacco or cigarettes sold without packaging.
- Tobacco products that have been illegally imported.
Illicit vaping products include disposable vapes and any other vaping products supplied outside a pharmacy.
How the laws will be enforced
The Department of Health monitors and enforces laws relating to the sale and supply of tobacco and vaping products across WA.
Where illicit activity is identified, products may be seized, and individuals or businesses may face significant penalties and other enforcement action.
The Department of Health works closely with WA Police and other agencies to support enforcement.
What this means for tobacco sellers
Retailers and wholesalers who hold a valid tobacco licence and comply with the law will not be affected by the incoming changes.
Guidance for retailers is available at Information for tobacco sellers, which will be updated as the changes take effect.
Anyone involved in selling, supplying, or storing illicit tobacco or vaping products may face significant penalties and other enforcement action under existing and new laws.
Closure orders
Closure orders will allow the Department of Health to close any store found selling or storing illicit tobacco or vaping products.
Closure orders may be issued for:
- Interim closure: up to 72 hours
- Short term closure: up to 90 days
- Long term closure: up to 12 months, if ordered by the Court.
A closure order applies to the entire premises. While a closure order is in place:
- All business activity must stop
- No one is allowed to enter the premises, unless an exemption applies.
Details of closed premises will be published on the Department of Health website. A closure order may be changed or revoked where appropriate.
There will be significant penalties for breaching a closure order. 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.
Information for landlords on closure orders
Landlords are encouraged to take reasonable steps to ensure their premises are leased to lawful businesses.
Landlords may apply for an exemption to access their property while a closure order is in place. Any exemption will be subject to specific conditions.
A closure order may also be changed or revoked if a landlord can show that there is no longer a current lease for the premises.
Further information for landlords will be published as the new laws come into effect.
Penalties
Penalties will increase under the new laws, and new offences have been introduced.
WA will have the some of the strongest penalties in Australia for serious offences involving illicit tobacco and vaping products. This includes imprisonment for serious cases.
Individuals found in possession of a large commercial quantity of illicit tobacco or vaping products may face maximum penalties of $4.2 million and/or up to 15 years imprisonment. Companies may face fines up to $21 million.
Reporting suspected illegal sales
Anyone with information about the sale of illicit tobacco or vaping products is encouraged to report it to the Department of Health:
Reports can also be made anonymously to Crime Stoppers:
Smoke-free and vape-free public places
Under the new laws, vaping will not be allowed anywhere smoking is prohibited.
All smoke‑free public places, both indoor and outdoor, will also be vape‑free. These changes aim to reduce exposure to second-hand vape aerosol and protect the community.
Further legislative changes in 2026
A second tranche of legislative changes is expected to be introduced to Parliament later this year.
The WA Government has indicated these changes may include:
- Options to end a lease where a premises is subject to a closure order
- Measures to address situations where a landlord knowingly allows illegal activity
- Licensing and other administrative changes
- Measures to strengthen compliance and enforcement.