AU Tobacco Laws
Tobacco Laws in Australia
Western Australian Smoking Regulations
Tobacco legislation aims at reducing the incidence of illness and deaths caused by the use of tobacco products. For over a decade, ACOSH campaigned on reviewing the Tobacco Products Control Act and smoking regulations in enclosed public places.
The Tobacco Products Control Act 2006 was passed on March 30. This followed a lengthy period of both lobbying and cooperation with politicians from all parties, the Health Department and colleagues across a range of organisations.
The Tobacco Products Control Act has strengthened legislative controls on tobacco advertising and promotion, provided many additional safeguards and, with the instruction of regulations following the Act, reduced the exposure of non smokers to tobacco smoke in pubs and clubs as well as other locations. The main provisions of the Act took effect on 31 July 2006, and on 28 February 2007 licensing requirements for tobacco products or retailers were implemented, together with the requirements relating to displays and warning signs.
In November 2008, Dr Janet Woollard, Independent Member for Alfred Cove, introduced a Bill to WA Parliament which outlined a set of amendments to the Tobacco Products Control Act 2006. The Bill seeks to protect the health of the public, and especially children, by:
- Prohibiting smoking in cars carrying children
- Placing all tobacco products out of sight at point-of-sale
- Making al fresco eating areas, children's playgrounds, patrolled beaches and sports grounds smokefree.
To view the submission that ACOSH made to the Education and Health Standing Committee click here.
The Bill passed on 17th September 2009. Full implementation must be completed 12 months from proclamation.
To view a summary of the Tobacco Products Amendment Bill 2008 click here.
For more information on legislation in Western Australia, see the attached paper: Tobacco control legislation and public policy in Western Australia 1911-2010 by Maurice Swanson and Betty Durston. This paper chronicles the major changes in public policy and legislation that have driven down the prevalence of smoking in Western Australia.
Australian Tobacco Control Legislation
Since the early 1990s, Governments in Australia have progressively enacted legislation to reduce the devastating impact that tobacco products and smoking has had on public health. As evidence of the health effects accumulated, health authorities and the media increased their pressure on governments to introduce tougher tobacco controls.
WARNING: This resource is intended as a starting point only for people interested in knowing more about the accumulative development of legislation to control the tobacco epidemic in Australia. It should not be regarded as a comprehensive up-to-date inventory but rather, as a list of key legislative initiatives with links to the legislation. Users should confirm information from another source if it is of sufficient importance for them to do so.
National Tobacco Control Scoreboard
The Tobacco Control Scoreboard is a project which assesses the performance of Australian states and territories in tobacco control. ACOSH undertakes this each year in collaboration with the Australian Medical Association, who present and promote the results. It has been going on for 18 years and continues to have an impact, generating action by low-scoring Health Ministers and encouragement for those who lead the country in tobacco control efforts.
2007 AMA/ACOSH Scoreboard Results Media Release
2008 AMA/ACOSH Scoreboard Results Media Release
2009 AMA/ACOSH Scoreboard Results Media Release
2010 AMA/ACOSH Scoreboard Results Media Release
2011 AMA National Conference Media Releases: http://ama.com.au/node/6757 and http://ama.com.au/node/6758
Graphic Health Warnings
Since the beginning of March 2006 all tobacco products imported and manufactured for retail in Australia are printed with the new health warning labels. These new warnings provide smokers with information on an expanded range of health effects. In the case of cigarette packs, health warnings occupy 30% of the front and 90% of the back of the pack, with a graphic appearing on both the front and back.
Two sets of seven different health warnings are alternated every 12 months (Set A warnings were required from 1 March 2006 and Set B from 1 March 2007). This new rotation system is to increase awareness of the health effects due to smoking. As well as the graphic images and descriptive messages, the Quitline number and website are included on the packet. To view the graphic warnings, click on the links below:
Graphic warnings - Sets A and B
To view graphic warnings from other countries, click here.
As of 1st December 2012, cigarette packets sold in Australia will be a drab olive green in colour with 75% of the front in a graphic health warning.
Plain Packaging
On 7 April, Federal Health Minister Nicola Roxon released a public exposure draft of legislation to make plain packaging of all tobacco products mandatory by July 2012. This announcement was in response to a key recommendation from the Preventative Health Taskforce report, the full report can be viewed here.
The pack is one of the remaining forms of tobacco advertising in Australia. By adopting plain packaging we can end this insidious way of attracting smokers.
The tobacco industry's strong opposition to the legislation demonstrates how effective the industry knows plain packaging will be. Click here to view an ad campaign on plain packaging supported by ACOSH and various other health organisations.
ACOSH and other health organisations sent submissions to the Standing Committee on Health and Ageing to the Inquiry into Tobacco Plain Packaging on 22nd July to show their support for plain packaging of tobacco products. ACOSH was represented by Maurice Swanson at a public hearing who was joined by other health experts from the Australian Preventative Health Agency, the Cancer Council, Quit Australia, the National Heart Foundation and the Australian Health Department. Click here to see the Advisory Report on the Tobacco Plain Packaging Bill 2011 and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011.
Australia's House of Representatives passed both Tobacco Plain Packaging bills on 24th August 2011, which will now go to the Senate in September. Both bills are expected to pass the Senate subject to its inquiry. The Hansard Plain Packaging Committee testimony can be viewed here.
What can you do to help support the proposed legislation?
If you would like to support this important measure, please take all or any of the following actions:
- Write to your local Federal MP if they are Liberal, National or independent urging their support.
- Ask any of your members or partners whose local Federal MP is Liberal, National or independent, to write to these MPs urging their support.
To make it easier for you to contact your Federal Government representatives, please click on the following links for contact details:
WA MP's 2011 - House of Representatives
WA MP's 2011 - Senate
What will the packs look like?
The Government proposes to make packs plain, without branding in dark olive brown, with 90% of the pack including a graphic warning. Click here for an example.
Benefits of the plain packaging and other useful information can be obtained from:
Quit Victoria (Cancer Council Victoria): Plain packaging of tobacco products. A review of the evidence.
ASH Action: Plain packaging of tobacco
ASH Tobacco Fact Sheet: Plain packaging of tobacco products
Smoke-free Canada: Plain packaging e-library (includes timeline of events happening around the world related to plain packing)
The case for the plain packaging of tobacco products
Interesting articles in the media
ABC News, 26 September 2011: Nicola Roxon Plain Packaging of Tobacco - Transcript of Interview
Sydney Morning Herald, 24 August 2011: Aussies lead world with plain cig packages
Nine News, 24 August 2011: Leading Australians back plain packaging
ABC News, 31 May 2011: Coalition to back plain cigarette packaging
The Australian, 31 May 2011: Abbott to back plain-packet cigarettes
Sydney Morning Herald, 24 May 2011: Abbott faces revolt over tobacco
Melbourne Age, 22 May 2011: Big tobacco lobby 'scaremongering'
Sydney Morning Herald, 27 April 2011: Tobacco-funded ad campaign 'misleading'
Sydney Morning Herald, 20 April 2011: Plain packaging will hit sales hard, and big tobacco is worried (an article written by a former tobacco company executive)
The Punch, 20 April 2011: A few plain facts amid the smoke and mirrors
ABC News, 7 April 2011: Cigarette rethink: Logos out, death and disease in
Sky News Australia, 5 April 2011: PM Agenda, Brendan Nelson transcript (key comments from current Australian Ambassador to Belgium, Luxembourg and European Union)
Products under the counter
Tobacco displays in retail outlets in Western Australia have been moved out of sight since September 2010. All other Australian states are also committed to ending tobacco displays by January 2012. Some exemptions or delays however exist for specialist retailers. Ending tobacco displays by retailers will reduce the number of children who take up smoking and removes an important incentive to adults who have quit or are trying to quit smoking.
Tobacco Tax
On 29th April, the Australian Government introduced a 25% increase in tobacco tax.
Regular tax increases are crucial to reducing smoking further. There is strong public support for increasing taxes on tobacco and it is widely accepted that smoking is our largest preventable cause of death and disease. Tobacco tax increases are effective in prompting people to quit smoking.
Here's an article that looks at the facts on tobacco tax: With so many opinions on tobacco tax, let's look at the facts by Professor Ian Olver and Maurice Swanson.
Health Act Regulations - Review of Poisons Act 1964
ACOSH made a submission to this review in June 2004. ACOSH has previously made submissions to the: "Poisons Schedule (Standing Committee) NHMRC" 1984/85; "West Australian Poisons Advisory Committee" 1995, and in response to the first discussion paper of the "Review Of The Poisons Act 1964" in 2002.
The essence of this submission is that the current exemption on cigarette nicotine under the Poisons Act 1964 (WA) is no longer justifiable. The submission advocated the removal of this exemption so that cigarette nicotine falls within the scope of the Act.
Updating of the Tobacco Advertising Prohibition Act
In 2003 the Commonwealth announced a Review of Tobacco Advertising Prohibition Act (1992), with submissions being due October 2003. ACOSH joined other health and tobacco control groups in preparing a united and detailed submission to the review process. There has been no report from this review since (October 27, 2004) when one is produced from the Commonwealth, a link to it will be provided.
The Executive Summary of the Joint Submission reads:
The Tobacco Advertising Prohibition Act ("TAP Act") has now been in operation for more than 10 years. While it has been important in limiting the exposure of the Australian public to tobacco advertising through more traditional mass media forms of marketing, it has been largely ineffective in limiting exposure through other channels of communication to which the tobacco industry has increasingly been turning since the commencement of the Act. In addition, the exposure of the public to the promotion of smoking in the popular media remains an ongoing concern.
Public health groups in Australia welcome the review of the TAP Act and appreciate the opportunity to comment on the issues paper published by the commonwealth department of Health and Ageing as part of the process.
In this submission, we set out the effects of tobacco advertising and provide the rationale for its prohibition. We present numerous examples of ways in which the tobacco industry has continued to promote smoking and tobacco products through the life of the TAP Act, as well as of positive depictions of smoking in the popular media. Finally, we propose a broad approach to the issues that need to be addressed and a set of specific recommendations for amendments which, in combination, would help to ensure that the Act better achieves its object, as stated in section 3 of the Act:
- This Act is intended to limit the exposure of the public to messages and images that may persuade them:
- to start smoking, or to continue smoking; or
- to use, or to continue using tobacco products.
- The object is to improve public health.
It seems to use that there are two main issues for the review:
-
The first issue involves promotion of tobacco products and smoking by those in the tobacco trade, such as manufacturers, wholesalers and retailers, and others who work for them and on their behalf, which is designed to increase sales and profits. Such promotion is fundamentally inconsistent with the object of the Act, and should be strictly proscribed. Where communication by those in the tobacco trade is absolutely required (given the availability of their products), it should be limited to the provision of factual information about price, availability and inherent characteristics of products. No promotion which uses the kind of marketing techniques (such as those relying on the cultivation of positive imagery and associations) that may be appropriate for other products - products that are not harmful and addictive; products that do not cause over 19,000 deaths in Australia a year; and products that do not cost the Australian community over $21 billion a year - should be allowed.
The second issue involves promotion of tobacco products and smoking by others (such as publishers and broadcasters) who are not in the tobacco trade and who do not stand to benefit from that promotion. This involves an examination of very different issues, and needs to be approached in a way that balances public health concerns and other important values such as freedom of expression.
We make a number of recommendations which we believe will, if adopted, enable the object of the Act to be far better met than it is today. These include:
- Broadening the definition of "tobacco advertisement" and ensuring that the definition and the surrounding provisions are broad enough to cover the type of activities to which the tobacco industry has been increasingly turning, which are documented in this submission, including:
- guerrilla marketing techniques
- events and venue marketing
- affinity marketing
- point of sale marketing
- marketing through the pack
- internet marketing
- direct marketing
- and use premiums / value added promotions
- Introducing penalties which are appropriately calibrated, taking into account both the impact of the contravening advertising and the incentive of the tobacco industry to do all it can to promote its products.
- Adequately resourcing and vigorously pursuing enforcement of the Act; and
- Ratifying the Framework Convention on Tobacco Control and playing a leading role in the development of protocols in those areas where international cooperation is needed to prevent activities outside Australia which weakening the capacity of the TAP Act to achieve its objective.
Underlying all of our recommendations is the recommendation that, except where the Constitution prevents it from doing so, the Commonwealth should establish clear and strong laws in relation to all areas of advertising, and not leave open the possibility of weaker regulation in certain States and Territories that the Commonwealth could itself achieve. There is not justification - other than constitutional necessity - in a country the size of Australia, and with the level of commerce and travel that we enjoy across the country, and given the similarity of marketing practises and incentives nationwide and the national operation of tobacco manufacturers, to leave open the possibility of different standards in different jurisdictions, with Australians being exposed to different levels of "messages and images that may persuade them to start smoking, or to continue smoking, or to use, or to continue using, tobacco products", depending on which State or Territory they happen to live in or to be visiting at a particular time. (Submission to the Commonwealth Department of Health and Ageing Review of the Tobacco Advertising Prohibition Act 1992)
Prepared by the VicHealth Centre for Tobacco Control, The Cancer Council of Victoria © October 2003. (Used with Permission)