Sale and Supply of tobacco products and smoking implements

The sale and supply of tobacco products and smoking implements in Western Australia is governed by Tobacco Products Control Act 2006 (external site).

For detailed information regarding the sale and supply of tobacco products and smoking implements download the Guide for selling Tobacco Products in Western Australia (PDF 1MB).

What are the laws about selling tobacco products to children?

Under the Act, it is illegal for a person or a licence holder to sell or supply a tobacco product or smoking implement to a child, a person under the age of 18 years. You may be considered responsible if you sell tobacco products to a child.

If you are caught selling tobacco products or smoking implements to a child, you and/or the licence holder may be issued with an ‘On the Spot’ fine of $1,000 or you may be prosecuted and charged with a criminal offence. If convicted of a criminal offence, this could result in a criminal record and you may be fined. The penalty for the sale or supply of tobacco products or smoking implements to a child is a maximum of $10,000 per offence for an individual and up to $40,000 per offence for a business.

You also must not sell tobacco products or smoking implements to any customer who you believe will supply tobacco to an underage person. If you knowingly sell tobacco products or smoking implements to an adult, who you believe may supply the tobacco products or smoking implements to a child, you may be found negligent in your duty, and will be subject to similar penalties as outlined above.

Should I ask for proof of age identification?

Yes. You should ask for proof of identification from anyone asking for tobacco products or smoking implements that appears to be under the age of 25 years or whom you believe is not of legal age to purchase tobacco products or smoking implements.

You must not sell tobacco products or smoking implements to any customer who cannot produce photographic identification when requested, or if the identification does not include their date of birth, or if the identification appears to have been tampered with or looks fake or looks like it has been forged.

What forms of proof of age identification are acceptable?
  • A current Australian driver’s licence.
  • A current passport.
  • A current photographic proof of age card issued under the Liquor Control Regulations 1989 or proof of age cards issued by equivalent State or Territory governments.
  • A current photo card issued under the Western Australian Photo Card Act 2014 

NOTE: ID must be current and include a photograph of the person and the person’s date of birth. A University or College Student Card is not an approved proof of age card.

Who can sell tobacco products

Licence holders and their employees may sell tobacco products, however it is important to note that licence holders have a responsibility to ensure that all employees receive adequate training on the laws about selling tobacco products.

NOTE: From 18 September 2020 employees under the age of 18 years are prohibited from selling tobacco products.

Are there any tobacco products that I can’t sell?
Yes. The following products are prohibited from sale:
  • Any tobacco product that does not comply with plain packaging (external site) laws (Plain Packing Act 2011) and health warnings requirements (Competition and Consumer (tobacco) Information Standard 2011).
  • Fruit and confectionery flavoured cigarettes
  • Single cigarettes
  • Cigarettes in a package containing fewer than 20 cigarettes. This includes packages that are designed or are capable of being split into 2 or more portions that contain fewer than 20 cigarettes
Can I run competitions, promotions or reward schemes involving tobacco products?

No. In WA it is an offence to distribute or supply free tobacco products. Prizes, gifts and vouchers cannot be offered in connection with the purchase of a tobacco product.

It is also prohibited for tobacco products to be included in shopper loyalty reward schemes. The only exception is rewards points received when using a credit card as a method of payment, such as bank reward programs and frequent flyer points.

Last reviewed: 19-02-2020
Produced by

Tobacco Control Branch