Cheap, Addictive, and Everywhere — Outdated WA Tobacco Laws Failing to Stop the Illegal Trade
With new data showing the worrying extent of illegal tobacco and vape sales across Perth suburbs, the Australian Council on Smoking and Health (ACOSH) is calling for urgent state legislative reform to tackle the problem head on — and an end to this week’s unhelpful targeting of WA smokers.
The Illicit Tobacco and Illicit Vape Retailer Audit released today by ACOSH is based on their survey of 103 retail outlets across 56 suburbs of Perth and its conclusion points to serious flaws in WA laws that prevent authorities from tackling the problem.
Findings include that half (50%) of retail outlets visited were selling illegal tobacco and/or illegal vapes, with 80% of those stores located within one kilometre of a school. Illegal sales were found not only in the inner city, but across ordinary suburban shopping strips — from newsagents and delis to tobacconists, convenience stores and gift shops.
“Illegal tobacco and vapes are being sold in broad daylight — proudly displayed in glass cabinets and listed on laminated menus,” said ACOSH CEO Laura Hunter. “There’s no pretence, no fear of being caught, and very few enforceable penalties when they are.”
“It’s the laws that need to be changed rather than stigmatising smokers who are in the grip of an addictive substance.”
WA is the only state in Australia that has not updated its legislation in response to the rise in the illegal tobacco and vape trade.
“WA’s Tobacco Products Control Act 2006 is toothless when it comes to tackling the illegal trade,” said Ms Hunter. “Without urgent updates to these laws, compliance and enforcement efforts are hamstrung – and this problem will continue to grow unchecked because the current legislation no longer reflects the size of the illegal trade.”
ACOSH is calling on the WA Health Minister, Meredith Hammat, to fast-track updates to the Act which will enable authorities to immediately shut down illegal tobacco and vape shops and issue hard hitting penalties that deter offenders. These measures are already in operation and proving to be effective in other states like South Australia and Queensland.
“Every day we delay gives illegal sellers more opportunity to profit from the addiction leading to the ill health and death of too many of our citizens – and I think most West Australians would agree that’s totally unacceptable,” Ms Hunter said.
Key Findings
- 103 retail outlets were audited across 56 suburbs in Perth.
- 50% of stores, which included newsagents, convenience stores, gift shops, and tobacconists, were found selling illegal tobacco or vapes.
- 40% sold both; 8% sold illicit tobacco and not vape; 2% sold vapes but not illicit tobacco.
- 80% of illegal sellers were within 1 km of a school.
- Illegal tobacco was sold for as little as $15 per pack, less than half the price of legal products.
- The most common illegal cigarette brand was Manchester, including menthols banned from legal sale in July 2025.
- Popular vape brands included iGET and Alibarbar, sold for an average of $55.
- No ID checks were required at any point of sale.
ACOSH is calling on the WA Government to
- Urgently update the Tobacco Products Control Act 2006 to explicitly prohibit the sale and supply of illicit tobacco & illicit vapes that are not prescribed or otherwise legally authorised, in order to aid enforcement.
- Increase enforcement and penalties to effectively deter the unlawful sale of illicit tobacco & illicit vapes.
- Commit to multi-agency collaboration between health bodies and law enforcement, plus state and federal agencies.
ENDS
Media Contact
Amy Howell
Communications Advisor
ahowell@acosh.org
About ACOSH
ACOSH is an independent, non-government, not for profit coalition which represents 31 prominent health, research, social service and community organisations with a shared concern about smoking and vaping and their harmful consequences.
ACOSH has been a leading advocate for all the regulatory and legislative changes to reduce the impact of smoking on the Australian community and is supported by Healthway — the Western Australian Health Promotion Foundation.