Western Australia could soon have some of the nation’s toughest illegal tobacco penalties, including fines of up to $21 million and hefty prison terms for possessing commercial quantities of illicit products.

Violent incidents linked to the tobacco black market, including fire bombings and drive-by shootings, have been escalating in WA in recent months.

In January the government appointed senior WA Police officer Steve Post to lead efforts in WA Health — which is responsible for administering tobacco laws — to improve enforcement.

‘Illicit tobacco tzar’ appointed in black market crackdown

A taskforce will be assembled to combat Western Australia’s illicit tobacco market, with plans to pull retired and current police officers into the Department of Health to crack down on “tobacco thugs”.

But that work has been hampered by laws which have not been updated in years and leave authorities with small penalties and limited power to take action against stores and store owners. 

After months of calls from the opposition to emulate reforms in other states, the WA government says it will introduce two key amendments in parliament tomorrow, including giving authorities the power to close stores for up to 90 days.

Woman holds packet of illegal cigarettes and lighter.

Authorities want to slow the sale of illegal cigarettes and vapes from stores by organised crime gangs. (ABC News: Grace Burmas)

“Businesses supplying illegal products will not be able to operate for certain periods of time, and as we’ve seen in other states, criminal behaviour significantly reduces when closure orders are in effect,” Health Minister Meredith Hammat said.

The legislation would also increase the maximum penalty for possessing a commercial quantity of illicit tobacco or vaping products to 15 years’ imprisonment, and lift fines to $4.2 million for individuals and $21 million for companies.

Under the current rules, maximum fines are $20,000 for individuals and $80,000 for companies, with no offences carrying potential imprisonment.

Record illegal tobacco seizure

“WA Health’s expanded tobacco and vape compliance unit will continue to investigate and initiate raids on premises selling these illegal products, and Western Australian Police through Taskforce Maverick continue to make impressive gains against serious and organised criminal gangs,” WA Premier Roger Cook said.

WA Premier Roger Cook speaking at a media conference with microphones in front of him and blurry people in the foreground.

WA Premier Roger Cook says “impressive gains” have been made in the fight against illegal tobacco. (ABC News: Courtney Withers)

Police Minister Reece Whitby said that included a raid on a Bayswater storage unit earlier this month which resulted in “the largest single seizure of illegal tobacco in Western Australian history”.

Police said they seized more than 3.9 million cigarettes, 3,900 vapes and 288 kilograms of loose tobacco with an estimated retail value of $4.5 million.

Behind the scenes of WA’s illegal tobacco business model

Organised crime gangs are restocking stores with illegal cigarettes and vapes “up to 10 or more times a day” — faster than authorities can seize the products, WA’s police commissioner says.

That seizure resulted from an investigation into what police allege were plans to attack a Rockingham tobacco store.

Three people, including a 15-year-old and a 17-year-old, have been charged over the alleged plot.

Mr Whitby said WA Police and the recently-bolstered WA Health were already gathering intelligence in anticipation of the new laws.

“Superintendent Post and his team will be quick out of the blocks, they’re going to go early and they’re going to go hard,” he said.

More changes planned

Further changes, including tightening licensing and allowing for stores to be closed for up to a year, are planned as part of a second round of amendments which the government hopes to introduce to parliament before the end of the year.

“We’ve prioritised updating the penalties, ensuring that we have the toughest penalties in Australia, so we can take strong action cracking down on the illicit trade,” Ms Hammat said.

A close-up side-on shot of WA Health Minister Meredith Hammat speaking at a media conference.

Health Minister Meredith Hammat says the store closure orders will significantly reduce criminal behaviour. (ABC News: Courtney Withers)

But the planned amendments stop short of offences introduced in other states, such as Queensland and South Australia, where landlords can be penalised for allowing a store to be used to sell illegal tobacco or vapes.

“We’ve looked at what is working in other jurisdictions, and how we can replicate and expand on that to ensure our laws keep Western Australians safe,” Ms Hammat said in a statement.

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