There are many laws relevant to tobacco and smoking in Australia. These include:

Minimum purchasing age laws mean that it is illegal to sell or supply tobacco products to people under the age of 18. In some states, if you are under 18 the police can confiscate any tobacco products you have.

Smoke-free laws are mainly administered at the state/territory level. In all states and territories, it is illegal to smoke in enclosed public spaces (e.g., public transport, office buildings, shopping malls, schools, cinemas, airports), or in a car when a minor is inside. Jurisdictions differ in the extent to which smoking is allowed outdoors.

Advertising laws mean that any advertising which may encourage people to smoke or use tobacco products is banned.

Packaging laws mean that all tobacco products must be sold in plain packaging, without logos, brand images, or promotional text, and must display health warnings.

Smokeless tobacco laws mean that it is illegal to commercially import or sell smokeless tobacco products (e.g., oral snuff, tobacco paste and powder, chewing tobacco).

Current information about Australia’s tobacco laws can be found on the Australian Government Department of Health, Disability and Ageing website.

Illicit tobacco is tobacco that has been grown/manufactured in Australia without an appropriate excise licence (even if it is for personal use) or has been imported from another country without paying customs duty.

Illicit tobacco products include:

• Roughly processed, unbranded tobacco sold in plastic bags either loose or rolled up into cigarettes (known as “chop-chop”)
• Contraband cigarettes produced by legitimate manufacturers, but which have not been subject to appropriate taxation
• Counterfeit cigarettes which are made to look like those produced by registered manufacturers.

People who manufacture, import, or supply illicit tobacco, or who are found in possession of illicit tobacco, can face up to 10 years in prison and heavy fines.

It is difficult to accurately estimate the prevalence of illicit tobacco in Australia. In 2022-23, 23% of all smokers reported that they had ever smoked unbranded tobacco (known as “chop chop”), and 9% currently smoked it. However, this is likely to be an under-estimate of all illicit tobacco use.

During 2023-24, the Australian Border Force detected 1,739 tonnes of illicit tobacco. The Australian Taxation Office detected 16,687 kilograms as well as 13.4 million cigarette sticks.