Individual and Company fines may apply for any breaches of legislation. Fines of up to $10,000 for a first offence and up to $20,000 for second and subsequent offences may apply for those responsible for a breach. Depending on the nature of the alleged offence, these penalties can apply for the owner of a business, an employee or customer.
If your business operates as a Company, fines of up to $40,000 for a first offence and up to $80,000 for second and subsequent offences may apply.
Alternatively, modified penalties apply for some many offences, and individuals may be issued an infringement notice as an ‘On the Spot’ fine.
| Breach of tobacco law |
“On the Spot” Infringement |
Maximum Penalties |
|
Individual |
Company |
Sale of a tobacco product by an employee under the age of 18 years
|
$1,000 |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
| Sale of fruit- or confectionery-flavoured cigarettes |
$1,000 |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
| Sale of cigarettes in a pack containing fewer than 20 cigarettes |
$1,000 |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
| Including tobacco products in shopper rewards schemes |
- |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
| Specialist retailers Displaying tobacco products or smoking implements (except cigars and cigar cutters) where they can be seen from a public place outside the premises. Failure to display a health warning sign immediately adjacent to the display |
$1,000 |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
| Failure to display a health warning sign adjacent to the information sign, price board or price tickets that accompany a tobacco sales unit |
$200 |
$1,000 |
$1,000 |
| Display of a price information sign or price board that is larger than A4 size (297 mm x 210 mm) |
$1,000 |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
| Sale of products resembling tobacco products (food, toy or other product – includes e-cigarettes or their components, with or without nicotine) |
- |
First offence: $10,000 Subsequent offence: $20,000 |
First offence: $40,000 Subsequent offence: $80,000 |
Smoking within 5 metres of a public entrance to an enclosed public place
Note: the penalty applies to the person smoking |
$200 |
$1,000 |
|
Smoking within 10 metres of air conditioning intakes
Note: the penalty applies to the person smoking |
$200 |
$1,000 |
|
Failure to comply with an investigator’s direction to stop smoking within 5 metres of a public entrance to an enclosed public place, and within 10 metres of air conditioning intakes
Note: the penalty applies to the person smoking |
$300 |
$2,000 |
|
Enforcement
The primary role of the Tobacco Control Branch with in Department of Health WA is to coordinate, develop and conduct activities to promote industry and community compliance with legislation. The Tobacco Control Branch recognises that most businesses and individuals want to comply with the law, and care is taken to assist businesses and others in meeting their legal obligations.
The Tobacco Control Branch conduct routine inspections of all tobacco licensed premises and places with designated smoking areas to determine the level of compliance with the legislation. Firm action is taken including, where appropriate, prosecution against those who flout the law or act irresponsibly.
Enforcement activities include education and advice, advisory visits and compliance checks, responses to complaints, licensing and formal enforcement action such as service of ‘On the Spot’ fines and prosecution action.
More information
Tobacco Control Branch
Telephone: 9222 4222
Email: tcb@health.wa.gov.au
Postal address (general):
PO Box 8172
Perth Business Centre 6849
Last reviewed: 23-09-2022
Produced by
Tobacco Control Branch