Tobacco control legislation in Western Australia

The Tobacco Products Control Act 2006

Objectives of the legislation

Western Australia's comprehensive tobacco control program consists of legislation and a range of strategies.

The role that the Western Australian Tobacco Products Control Act 2006 (external site) takes is described in the Purposes of the Act (Section 3):

(a)    to reduce the incidence of illness and death related to the use of tobacco products by:

  1. prohibiting the supply of tobacco products and smoking implements to young persons
  2. discouraging the use of tobacco products
  3. restricting the promotion of tobacco products and smoking generally
  4. reducing the exposure of people to tobacco smoke from tobacco products that are smoked by other people.

(b)    to promote good health and activities which encourage healthy lifestyles.

What provisions are in the Act?

The Act contains provisions on:


The penalties for offences under the Act are:

Maximum Fine

An Individual

A Body Corporate

1st offence:



2nd or subsequent offence:



The penalty for all offences under the subsidiary Tobacco Products Control Regulations (external site) is a maximum fine of $2,000.

Review of the Tobacco Products Control Act 2006

The final report on the review of the WA Tobacco Products Control Act 2006 was tabled before each House of Parliament on 27 September 2012.

Tobacco Retailer Compliance Survey

It is against the law to sell or provide tobacco products to people under the age of 18. The Tobacco Compliance Survey is used to collect information on how willing tobacco retailers are to sell cigarettes to children.

Although the Tobacco Compliance Survey shows that some tobacco retailers do sell cigarettes to young people, the law does not allow for those retailers to be fined or taken to court over sales which take place during the survey.

The Department of Health conducts other activities to identify and take appropriate action against retailers who are suspected of selling cigarettes to children. 

More information

Tobacco Control Branch

  • Phone: 1300 784 892
  • Fax: 9382 0770
  • Email:
  • Postal address (general):
    PO Box 8172
    Perth Business Centre 6849

Official versions of the Act and the Regulations can be obtained from State Law Publisher (external site).

For registration information on your tobacco sellers licence, or licences held by others, visit the Public Register of Tobacco Sellers Licences (external site).

Produced by

Tobacco Control Branch