WA tobacco control legislation

Tobacco Products Control Act

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 30 March (2006). 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.

Tobacco Control Amendment Act 2009

In November 2008, Dr Janet Woollard, Independent Member for Alfred Cove, introduced a Bill to the 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 alfresco eating areas, children’s playgrounds, patrolled beaches and cars carrying children under 17 smoke free

To view the submission that ACOSH made to the Education and Health Standing Committee click here.

The Bill passed on 17 September 2009 and was fully implemented on 21 September 2010, 12 months after proclamation.

Please access the following link to view a tobacco products control amendment bill 2008 summary.  The Tobacco Products Amendment Bill can be viewed here.

For more information about current tobacco legislation in WA please visit the Department of Health WA’s Tobacco Control Branch website.

On 16 November 2016, the WA Minister for Health, John Day, tabled the Tobacco Products Control Amendment Bill 2016 in State Parliament, that sets WA to become first Australian State to ban minors from selling tobacco products in retail outlets.

Other changes in the proposed legislation include:

  • banning the sale of fruit and confectionery-flavoured, and split-pack cigarettes
  • stopping tobacco sales at events such as music festivals and other public events
  • preventing the inclusion of tobacco purchases in shopping reward schemes
  • requiring the display of graphic health warnings beside price signage for tobacco products
  • a ban on specialist tobacco retailers displaying tobacco products, phased in over two years
  • streamlining of tobacco control administration.

If you would like to show your support for or comment on existing or proposed WA tobacco control law or policy, you can write to your Member of Parliament urging their support.

You can find their contact details by visiting the WA Parliament website.