The ACT has passed new laws to curb the growing illicit tobacco and e-cigarette trade, giving authorised officers stronger powers to inspect businesses, issue fines, and seize prohibited products.
The Tobacco and Other Smoking Products Amendment Bill 2025 — passed in the Legislative Assembly today — formally classifies illicit tobacco as a prohibited smoking product and expands the ACT Government’s ability to enforce across the sector.
City and Government Services minister Tara Cheyne MLA said: “These laws send a clear message — illicit tobacco and vaping products have no place in our community. We are committed to protecting Canberrans from harmful and illegal products.
“The illicit tobacco and vaping market is constantly evolving and so must our response. These reforms ensure the ACT remains ahead of the curve in tackling these challenges.”
It expands authorised officers’ powers to inspect public premises; seize goods without compensation; issue infringement notices of $1,600 for selling illicit tobacco and vapes; and update identity cards to protect authorised officers from occupational violence.
“Our authorised officers will now have more tools to act quickly and decisively against businesses breaking the law,” Ms Cheyne said. “This is about keeping harmful products off shelves and out of homes.”
Reforms passed in April aligned ACT vaping laws with Commonwealth legislation.
Health minister Rachel Stephen-Smith MLA said: “These reforms are an important step in protecting our community from the harms of smoking and vaping. The legislation lays the foundation for stronger action.”
The government will invest more than $1.2 million to expand smoking and vaping cessation support services over the next three years, including the upgraded ACT Quitline service and a youth-focused clinical vaping service due to open next year.
Access Canberra has written to all tobacco licence holders across the ACT alerting them to the changes and would monitor compliance with the legislation.
The Canberra Liberals support the legislation but believe it “doesn’t go far enough” to deter organised illicit tobacco operators, leader Mark Parton MLA said.
Mr Parton argued that fines of $1,600 were a “baby step” compared with Queensland, where penalties for the commercial supply of illegal tobacco can exceed $32,000 for individuals and $161,000 for corporations.
“We support what’s going on here today, but it does need to be more,” he said.
Mr Parton warned that the ACT could soon see the kinds of turf-war-driven violence emerging in NSW and Victoria, and said ACT authorities should be prepared to act.
Independent MLA Thomas Emerson said: “The growth of the illegal tobacco and vape trade is a serious public health concern. We need to see effective compliance and enforcement measures from both levels of government to protect our community and legitimate local businesses. But this also has to be coupled with a renewed education campaign focused on addressing rising tobacco consumption, particularly among young people.”
For information about where to get help to quit smoking or vaping, call the Quitline on 13 QUIT (13 7848) or click here.
