WA’s tobacco laws ‘stop kids buying ciggies at the deli’ – but not much else

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Western Australia’s tobacco laws are two decades old this year and were enacted in a time when the market for illicit tobacco was minimal, given the cheapness and availability of legal smokes at the time

But the market has changed dramatically since the Tobacco Products Control Act was passed, with the advent of vapes and a global illicit tobacco trade that easily established roots in the state.

The issue has ballooned into a political headache for the WA government, with firebombings and shootings of tobacco shops becoming commonplace as organised crime gangs vie for control of the lucrative market.

WA Premier Roger Cook conceded on Tuesday the government’s current legal framework was not up to the job.

“Let me be really clear, under the Tobacco Products Control Act, that’s essentially about stopping kids buying ciggies from the corner deli,” he said.

“These are not laws which are designed to deal with illegal tobacco, with illegal vapes, and, of course, with criminal networks which support that system.”

Cook has promised a complete overhaul of laws that will help the state crack down on the trade of vapes and illegal tobacco.

However, he has refused to put an exact date on when those laws, which are currently being drafted, will be introduced to parliament – only that it would be “this year”.

“Let me be clear, we are going to crush and destroy this underworld activity, and we’re going to make sure that we do it with appropriate laws, with the resources, and making sure we have the police ready to crack down,” he said.

But the opposition and health groups are angry Labor didn’t act on early warning signs and introduce tougher laws sooner, pointing to other states which have led the charge.

WA’s laws only detail what and how cigarettes can be sold, but are not explicit about illicit tobacco.

Penalties for breaching the act range between $10,000 and $20,000 for individuals, and $40,000 and $80,000 for businesses.

WA Police are monitoring the illicit tobacco trade, but an ongoing operation is mostly focused on catching the low-level foot soldiers allegedly tasked by bigger criminal syndicates to conduct firebombings and shootings. Police cannot currently close stores selling illegal tobacco or vapes.

Queensland is considered the leader of the pack in terms of laws bolstering the arsenal of health regulators and police.

In September, new tobacco and vaping laws gave Queensland Health the power to shut down businesses selling illegal cigarettes and vapes for 90 days without a court order, and up to 12 months with a court order.

Landlords were also given greater powers to terminate the leases of illicit tobacco store owners, while landlords who knowingly allow an illegal business to operate face fines of up to $161,000 and one year in jail.

Queensland Health officers can also conduct covert operations to purchase illegal products, and have the power to seize all legal products found at the stores.

The laws came into effect in November and, in a 10-day operation, Queensland Health shut down 148 illegal stores and seized more than 11.8 million cigarettes, 1.7 tonnes of loose tobacco, 87,000 vapes, 4.2 litres of vaping liquid and 270,000 nicotine pouches.

New South Wales and South Australia also introduced new powers last year.

NSW also has the power to close stores for 90 days, or 12 months with a court order, while maximum penalties for tobacco offences or illegally supplying or possessing vaping goods have been increased to seven years imprisonment, a fine of $1.54 million, or both.

NSW Health is also increasing the size of its inspection team and has established a new Centre for Regulation and Enforcement to drive its response.

South Australia can also shut down stores without court orders but only for 28 days, while longer-term closures can be sought through the courts.

Its penalties can reach $1 million for selling commercial quantities of illegal tobacco products to $2.1 million for a second offence.

Body corporates can be fined between $2.25 million for a first offence and $4.5 million for a second offence.

Larger quantities can attract bigger fines between $4.5 million and $6.6 million for a second offence.

The Australian Council on Smoking and Health warned the WA government it needed to hasten updates to its laws back in May after releasing a scorecard that showed the state was lagging the rest of the country.

Cook flagged the new laws would include closure powers, better resourcing and changes to the tenancy act that would empower landlords to remove illicit tobacco shop owners.

Opposition police spokesman Adam Hort said Cook talked big but failed to deliver.

“The writing has been on the wall for years. Experts have been calling for stronger legislation for years. And now, because of Cook’s inaction, criminal gangs are exploiting weaknesses his Government has allowed to fester across Western Australia,” he said.

“They need the ability to shut down illegal storefronts immediately, disrupt criminal networks, and send a clear deterrent message with serious penalties, including six and seven figure fines, so no one ever thinks selling illegal tobacco in Western Australia is worth the risk.”

Curtin University public health expert Professor Jonine Jancey said it was never too late for the government to act.

“I think it’s really important for them to act now, I know there’s a lot of health agencies submitting joint statements, asking them to act, and hopefully ... they will act,” she said.

WA Health did not respond before deadline.

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