A prominent public health expert says “it’s a mystery” why Western Australia is lagging so far behind the rest of the country on updating its illicit tobacco laws.
The proliferation of illegal tobacco stores across Perth and regional towns was undeniable, the expert said, and had put pressure on authorities to act.
The trade has been proven to be heavily linked to organised crime networks nationwide.
While state and territory governments have introduced updated, stronger legislation to stamp it out, in WA it is up to the Health Department to inspect and penalise stores selling illicit cigarettes and vapes under the Tobacco Control Act 2006.
In 2025, WA Health conducted about 904 inspections on tobacconists and convenience stores, resulting in “greater seizures of illicit tobacco”, according to authorities.Â
The trade has been proven to be heavily linked to organised crimes. (ABC News: Grace Burmas)
That figure is down from the 1,527 inspections carried out in 2023, and 1,226 in 2024.
‘Mystery to all of us’
Illegal tobacco expert Dr Simon Chapman from the University of Sydney said he was confused about why WA’s tobacco laws have fallen behind other states.
Dr Chapman has expressed his confusion about WA’s tobacco laws falling behind. (Supplied)
“It’s absolutely a shame because Western Australia along with Victoria had been the leading states in Australia for many many years in tobacco control,” he told ABC Radio Perth.
“[The] premier when he was health minister, I think was very, very progressive on this.
“It’s a mystery to all of us in the rest of Australia why [WA is] lagging so badly.”
Authorities in Queensland, New South Wales and South Australia have the power to immediately shut down stores selling illicit tobacco and issue hefty fines.
Under the current laws, police and government officials in WA simply don’t have that ability.
“[The state government] could pick up the phone right now and call their counterparts in Queensland, South Australia and New South Wales and they could get the best practice legislation and just change the words,” Dr Chapman said.
Opposition calls for action
WA’s Shadow Police Minister Adam Hort said the current laws offered no real deterrence for people selling illicit tobacco products.
Shadow Police Minister Adam Hort says other states have acted far quicker on illegal tobacco than WA. (ABC News: Courtney Withers)
“If we look at other states, some of them have fines up to six, seven figures. Here the fines are minuscule in comparison,” he said.
Mr Hort said he appreciated introducing completely new legislation to parliament would take time, but said other jurisdictions had managed to do it.
“There are small, meaningful changes that can happen in our legislation in parliament now. Adding a few zeros to the penalties in the tobacco act would go a long way,” he said.
“What we’ve seen in Queensland is 150 illegal tobacconists closed in 10 days. We’ve seen 100 stores close down in South Australia.”
Draft laws coming
Health Minister Meredith Hammat said WA Health compliance officers were “involved in larger and more complex investigations and inspections” last year, compared to previous years, without specifying the number of previous inspections.Â
“In 2025, WA Health seized four times the number of illegal cigarettes and nearly seven times the amount of illegal loose tobacco compared to the previous year.
“It is essential that WA Health continue to work with WA Police and Federal enforcement agencies to ensure wider criminal investigations are not compromised.
“This is why our Government has committed to updating tobacco control legislation – to protect Western Australians from these harmful products and to strengthen enforcement measures to reflect the ongoing evolution of the illicit tobacco and vape trade.
“This is complex legislation that’s in the process of being drafted, and we look forward to introducing it to parliament as soon as it’s ready.”
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