The ACT has proposed laws to crack down on the illicit tobacco trade as the nation continues to see an uptick in the importation of illegal smoking products (including this seizure in Victoria). Photo: Australian Federal Police.
Canberra’s compliance officers could soon have the powers to seize illegal smoking products, inspect licensed tobacco retailers without a warrant and issue fines under proposed laws to crack down on the illicit tobacco trade.
The Tobacco and Other Smoking Products Amendment Bill 2025 would modernise and strengthen government officials’ ability to interfere with the illegal tobacco trade by explicitly prohibiting the sale of illicit products by tobacconists.
Health Minister Rachel-Stephen Smith said this was in response to the reported increase in the illicit tobacco trade in Australia.
“This presents a risk of increased involvement by serious and organised crime groups trading in illicit tobacco and prohibited smoking products,” she said.
“[Additionally], increased accessibility of illicit tobacco may increase tobacco use, see more people developing addiction and even result in accidental poisoning.”
ACT Policing has not, at this time, seen evidence of serious organised crime involvement in ACT tobacconists, but it has been an issue in other jurisdictions.
The bill would allow authorised officers to issue $1600 fines for the sale of prohibited smoking products and give them modernised powers of entry.
“Currently authorised officers may only enter premises suspected of selling prohibited smoking products under a warrant or with the consent of the owner,” Ms Stephen-Smith said.
“This bill will expand this to enable entry to any premises that is open to the public or in response to a serious or urgent public health emergency.”
It would also strengthen seizure provisions to allow the ACT Government to keep and destroy seized goods without compensation under specific conditions.
Currently goods seized during inspections must be returned to the owner unless a prosecution case has begun within three months of the seizure and if the person is found guilty.
Other potential changes include updating identity card requirements to allow authorised officers to not show their names on their ID cards. An identification number could be used instead.
City and Government Services Minister Tara Cheyne said modernising the government’s enforcement powers was essential in keeping pace with the “evolving tactics” used in the illicit tobacco and vaping trade.
“The sale and supply of illicit tobacco is already illegal in the ACT and by classifying illicit tobacco as a prohibited smoking product it will give authorised officers in Access Canberra the powers they need to act swiftly and proportionately,” she said.
These proposed reforms would build on the Tobacco and Other Smoking Products (Vaping Goods Amendment) Bill 2025 which was made law in April. This bill aligned ACT vaping laws with Commonwealth legislation and classified all non-therapeutic vaping products as prohibited smoking products.
Ms Stephen-Smith said further reforms in this space would be introduced in 2026 to reflect the “serious nature of criminal activity” that had been associated with the illicit tobacco trade in other states.
“Even though the ACT has not observed the same level of organised criminal activity seen in other jurisdictions, we’re committed to introducing powers that respond to the illicit trade in tobacco, and have asked officials how best to give effect to this objective in the local context,” she said.
“A coordinated national approach is essential to effectively combat this growing black market.”
Shadow Police Minister Deborah Morris welcomed the proposed bill’s announcement, but expressed her wish that action had been taken sooner.
“We’ve consistently called on the government to strengthen laws that give police the powers they need to crack down on the illicit tobacco trade,” she said.
“This is both a health and community safety issue; it’s disappointing that action has taken this long.”
For information about where to get help to quit smoking or vaping, call the Quitline on 13 QUIT (13 7848) or by accessing other services.
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