Smoking and the Law
Quit WA is responsible for monitoring compliance with and the enforcement of the following legislation:
- Tobacco Control Act 1990
- Part IXB of the Health Act 1911
- Health (Smoking in Enclosed Public Places) Regulations 2003.
Quit WA officers also conduct reviews of tobacco control legislation, and develop and implement state wide tobacco control policy.
Clear and effective tobacco control policy and legislation is an important part of the comprehensive approach to minimising tobacco use in Western Australia, and complements other strategies, such as community education and mass media, to reduce smoking prevalence and harm to people's health.
The Law
Regulating Tobacco Sale and Promotion
The Tobacco Control Act 1990 ('the Act') is the main tobacco control legislation in Western Australia. The Act aims to regulate the sale and promotion of tobacco products to actively discourage the use of tobacco and to promote good health and prevent illness of all Western Australians. To do this the Act focuses on:
- Encouraging non-smokers, particularly young people, not to start smoking.
- Limiting the exposure of children and young people to advertising that promotes smoking.
- Encouraging and assisting smokers to give up smoking.
A key provision of the Act makes it an offence to sell or supply tobacco to a person under 18 years of age. Anybody doing so risks a fine of up to $5,000 for a first offence and $10,000 for a subsequent offence. Other provisions restrict tobacco advertising, the placement of vending machines and require health warnings to be displayed on cigarette packets.
A summary of the provisions of the Tobacco Control Act 1990 is available. Click here.(PDF)
For more general information about Tobacco and the Law, click here.(PDF)
To assist the Department of Health in enforcing the Act, particularly to prevent children being able to buy tobacco, any member of the public who sees what they believe is a breach of the legislation is encouraged to call Quit WA on 1300 722 282.
Restricting Smoking in Public Places
Part IXB of the Health Act 1911 and the Health (Smoking in Enclosed Public Places) Regulations 2003 ('the regulations') were introduced in 1999 in response to community concern about the health effects of exposure to second-hand tobacco smoke (also known as passive smoking).
This legislation aims to promote public health by reducing the exposure of Western Australians to the harmful effects of second-hand smoke in enclosed public places. Scientific and medical evidence has shown that exposure to second-hand smoke can result in serious harm to a person's health.
These regulations require all enclosed public places to be smoke-free, although some types of hospitality venues, which have current liquor licences, may allow smoking inside provided certain conditions are met.
For more information on the law controlling smoking in enclosed public places, click here.(PDF)
For more information on the health effects of exposure to second-hand smoke, click here.(PDF)
Local Government enforces these regulations in the first instance. If you have a complaint, please call the Local Council that administers the area where the public place is located.
Restricting Smoking in Enclosed Workplaces
Laws also restrict smoking in enclosed workplaces to protect workers from exposure to second-hand smoke. This legislation is administered by Worksafe Western Australia, not the Department of Health. or further information please call Worksafe Western Australia on 9327 8777.
Smoke-Free Policies
The Department of Health encourages and promotes smoke-free environments and has resources available to assist in the planning and implementation of smoke-free policies in public areas and workplaces. If you require further information about introducing a smoke-free policy, please contact Quit WA on 9222 2096.
If you have a complaint about breaches of tobacco control legislation please call 1300 722 282, or for further information regarding tobacco control laws in Western Australia, contact Quit WA on (08) 9222 2096.
For more information on the health effects of exposure to second-hand smoke, click here.