New tobacco and vaping laws in Western Australia
New laws to strengthen controls on tobacco and vaping products are now in place.
The Department of Health is implementing these changes. A summary of the key changes is outlined below.
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 is an offence to sell, supply or possess illicit tobacco or vaping products (vapes).
- Authorities can shut down premises involved in illegal trade.
- Penalties for offences have significantly increased.
- Smoke‑free public places are 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 without a prescription.
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 changes.
Guidance for retailers is available at Information for tobacco sellers. Retailers are encouraged to check regularly for updates.
Anyone involved in selling, supplying, or storing illicit tobacco or vaping products may face significant penalties and other enforcement action.
Closure orders and penalties
Closure orders
Closure orders enable the Department of Health to close premises that are found selling, storing or supplying 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 a Court.
Learn more about closure orders.
Penalties
Penalties have increased under the new laws, and new offences apply.
WA has some of the strongest penalties in Australia for serious offences involving illicit tobacco and vaping products. This includes imprisonment for serious cases.
A maximum penalty of $4.2 million for individuals and $21 million for companies may apply for possession of a large commercial quantity of illegal tobacco or vaping products. People involved may also face up to 15 years in prison
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 is not allowed anywhere smoking is prohibited.
All smoke‑free public places, both indoor and outdoor, are also vape‑free. These changes aim to reduce exposure to second-hand vape aerosol and help protect the community.
Businesses, local governments and organisations affected by these changes are encouraged to update signage to support compliance with smoke-free and vape-free areas.
Further legislative changes in 2026
A second stage 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.
Last reviewed: 18-05-2026