Western Australia Introduces Stricter Measures Against Illicit Tobacco Trade Amid Rising Violence

The Western Australian government is implementing new legislation and enforcement strategies to combat the illicit tobacco trade, which has been linked to increased violence, including arson and drive-by shootings across the state. The proposed changes aim to grant authorities powers to close businesses selling illegal products and significantly increase penalties, aligning Western Australia with measures already in effect in other Australian states. These efforts are part of a broader response that also addresses public health concerns related to persistent smoking rates and the demand for illicit tobacco.

The proposed changes aim to grant authorities powers to close businesses selling illegal products and significantly increase penalties, aligning Western Australia with measures already in effect in other Australian states.

Escalating Illicit Tobacco Trade and Associated Violence

Western Australia has experienced a visible increase in stores selling illicit tobacco and vapes across Perth and regional areas. Police and government officials have linked this trade to organized crime networks operating nationally, which has coincided with a rise in violent incidents.

Over the past year, some stores in Perth and regional WA have been subjected to arson attacks, fire bombings, and drive-by shootings.

In the last three months, eight stores suspected of selling illegal tobacco have been targeted.

Specific incidents highlight the localized impact. In York, a convenience store, which police linked to illegal tobacco trading, was attacked multiple times shortly after opening. These incidents included smashed windows, extensive internal damage, a vehicle driven into its facade, and the shop being set on fire, all within the same month. Shire of York President Chris Gibbs expressed concerns regarding the potential for fires to spread to adjacent heritage buildings.

In Northam, police raided a convenience store, seizing a significant quantity of tobacco products and vapes, leading to charges against a 26-year-old man.

Authorities and public health experts note that the increase in the illicit tobacco trade is partly driven by consumer demand for cheaper cigarettes, influenced by high government taxes on legal tobacco products.

Western Australia's Government Response

The Western Australian government has announced a multi-faceted approach to address the illicit tobacco market:

A taskforce is being formed within the Department of Health, set to include retired and current police officers, to enhance enforcement efforts. WA Police Superintendent Steve Post has been appointed to lead this investigative team as the 'illicit tobacco tzar'. Premier Roger Cook emphasized increased collaboration between WA Police and Health.

The government plans to introduce two key amendments in parliament. The initial legislative changes are set to include:

• Granting authorities the power to close stores selling illegal products for up to 90 days.
• Increasing the maximum penalty for possessing a commercial quantity of illicit tobacco or vaping products to 15 years' imprisonment.
• Lifting fines to $4.2 million for individuals and $21 million for companies, a substantial increase from the current maximums of $20,000 and $80,000, respectively.

Health Minister Meredith Hammat stated that further legislative changes, including tightening licensing and allowing stores to be closed for up to a year, are planned for a second round of amendments before the end of the year. The complex legislation is currently being drafted and will be introduced to parliament once ready.

The WA government will allocate $5 million to expand the 'Tobacco Compliance Unit' workforce, aiming for an initial increase to 40 full-time equivalent staff. Health Minister Hammat confirmed a "significant uplift" in staff numbers due to this funding.

Under existing regulations, the Department of Health is responsible for inspecting and penalizing stores involved in illicit tobacco sales. In 2025, WA Health conducted 904 inspections on tobacconists and convenience stores. This represents a decrease from 1,527 inspections in 2023 and 1,226 in 2024. Health Minister Hammat indicated that WA Health compliance officers engaged in "larger and more complex investigations and inspections" in the past year, resulting in the confiscation of four times the number of illegal cigarettes and nearly seven times the amount of illegal loose tobacco in 2025 compared to the previous year.

Recent enforcement efforts highlighted by Premier Roger Cook and Police Minister Reece Whitby include a raid on a Bayswater storage unit, which resulted in the largest single seizure of illegal tobacco in Western Australian history. This seizure involved over 3.9 million cigarettes, 3,900 vapes, and 288 kilograms of loose tobacco, with an estimated retail value of $4.5 million. Three individuals, including a 15-year-old and a 17-year-old, have been charged in connection with this alleged plot to attack a Rockingham tobacco store.

Western Australia's Shadow Police Minister, Adam Hort, stated that current laws provide insufficient deterrence due to "minuscule" fines compared to "six, seven figures" in other states. WA Police Union President Dave Flaherty expressed concerns regarding the redeployment of front-line officers to the taskforce, citing existing vacancies in police stations.

National Context and Inter-State Comparisons

Western Australia's proposed legislative changes are consistent with measures adopted or planned in other Australian jurisdictions.

Authorities in these states possess immediate powers to close stores involved in illicit tobacco sales and impose substantial fines. For example, Queensland closed 150 illegal tobacconists over 10 days, and South Australia closed 100 stores.

A new $46 million tobacco licensing scheme commenced on February 1. Under this scheme, individuals selling illicit products face fines of up to $366,318 or 15 years' jail, while businesses can face fines up to $1.8 million. Selling tobacco without a license carries fines of up to $170,948 for individuals or over $854,000 for businesses, along with potential jail sentences. Tobacco Licensing Victoria (TLV) is authorized to suspend/cancel licenses, seize illicit tobacco, and initiate court proceedings.

Concerns have been raised regarding the scheme's implementation, including the allocation of only 14 inspectors statewide and reports that Victoria Police declined to provide officers for regular escort duties. Inspectors under the Victorian scheme currently lack the power to close shops selling illicit tobacco or act against stores selling illegal vaping products. On the first day of enforcement, an unlicensed shop was observed selling illegal Manchester-brand cigarettes less than 100 meters from TLV headquarters.

The Tasmanian government has introduced draft legislation, the Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026, which proposes temporary closure for up to 90 days for businesses found selling illegal products and corporate fines exceeding $3 million ($3.28 million) for repeat corporate offenders. Recent joint operations resulted in the seizure of 2.1 million cigarettes, over 1,000 kilograms of loose tobacco, and 735 vapes, with an estimated street value of $3.2 million.

Retail groups, including Tasmanian Independent Retailers and the Australian Association of Convenience Stores (AACS), have expressed support for the proposed laws, citing negative impacts on legitimate businesses. AACS suggested that federal tobacco excise increases have inadvertently steered adult smokers toward the black market.

Dr. Simon Chapman, an expert on illegal tobacco from the University of Sydney, expressed confusion regarding WA's legislative delay, noting its past leadership in tobacco control efforts.

Broader Public Health and Demand-Side Considerations

While the Western Australian government focuses on supply-side enforcement, public health experts highlight unaddressed demand-side issues.

Professor Lisa Wood from Notre Dame University stated that discussions often overlook why many individuals continue to use tobacco or are unable to quit.

She noted that smoking rates persist among specific demographics, including rough sleepers, individuals with mental health concerns, and those on low incomes.

Dr. Ramya Raman, Chair of the Royal Australian College of General Practitioners WA, reported a rise in nicotine addiction, particularly among young people. Both experts advocated for increased government support for individuals attempting to quit, suggesting greater accessibility to smoking cessation products such as patches, gum, lozenges, and inhalers. The UK model, where these products are often free or subsidized, was cited as an example, contrasting with Australia where consumers typically pay full cost. Queensland provides free products to specific groups for a limited time. A federal Health Department spokesperson confirmed that the government subsidizes nicotine patches and some pills for quitting through the Pharmaceutical Benefits Scheme, capping patient costs at $25.

Western Australia's Preventative Health Minister, Sabine Winton, expressed openness to suggestions for enhancing support for behavior change and is holding meetings to develop the state's first Preventative Health Strategy. Shadow Health Minister Libby Mettam criticized a 10-month delay in this strategy's development, citing parliamentary figures showing an increase in "tobacco-attributable hospitalizations" in WA, including a faster growth rate among Indigenous Western Australians.

Premier Roger Cook emphasized that tobacco-related illnesses often stem from past smoking habits, underscoring the importance of current actions to prevent new generations from smoking and maintain Western Australia's low smoking rates. Efforts to eliminate the illegal tobacco trade are considered an essential component of the solution, alongside preventative health measures.