Penalties under the Tobacco Products Control Act 2006

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. These penalties can apply for the owner of a business, an employer 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

Note: this law applies from 18 September 2020
$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
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: 1300 784 892
Email: tcb@health.wa.gov.au
Postal address (general): 
PO Box 8172
Perth Business Centre 6849

Last reviewed: 19-02-2020
Produced by

Tobacco Control Branch