Laws in Australia

Smoking laws help create safer environments and less harmful effects from tobacco and vaping products. 

Both State and Federal Governments work together to ensure community members, including children and young adults:

  • know the risks of tobacco and vaping products
  • have safe, smoke-free environments
  • face reduced access and marketing of these products.

Tobacco products must now display

  • health warnings clearly on the packet
  • health warnings on individual products
  • health promotion messages.

Health warnings on tobacco products have been one of Australia’s biggest public health successes. We are a world leader in plain packaging and on product health messaging.

Example of an on-product health message on a cigarette

Examples of health promotion inserts

Example of health warnings on a cigarette packet

 

Current e-cigarette laws in Australia

  • all vapes and vaping products can only be sold in a pharmacy
  • it is illegal for other Australian retailers to sell vapes or vaping products to a customer, even with a doctor’s prescription. This includes tobacconists, cigarette stores and convenience stores
  • people 18 years and over can purchase vapes from pharmacies, with a concentration of 20mg/mL or less without a prescription, where state and territory laws allow
  • people under 18 years need a prescription to access vapes, where state and territory laws allow
  • people who need a higher concentration of nicotine than 20mg/mL need a prescription regardless of age
  • flavours are restricted to mint, menthol and tobacco
  • vapes must adhere to plain packaging standards
  • ‘No smoking’ and ‘Smoke-free zone’ signs mean both smoking tobacco and e-cigarettes. Smoking cigarettes or e-cigarettes is prohibited in these areas, including all enclosed public spaces.

Current tobacco laws in Australia

Tobacco products are not allowed to:

  • be advertised to persuade or encourage someone to smoke
  • be advertised through sponsorship, point of sale or displayed in a retail setting
  • be smoked in enclosed public places including public transport, cinemas, shopping centres and pubs.

Tobacco products have to abide by:

  • plain packaging laws
  • displaying certain health warnings and graphics
  • tobacco excise rates for pricing.

See Smoking, vaping and tobacco for more information.