Some types of products cannot be sold in Western Australia

Products that fall under these restrictions include:

• Food, toys or other products designed to resemble tobacco products or packages (candy or chocolate cigars/cigarettes, mints or lollies in a cigarette-like packet).
• Cigarettes that are not sold in plain packaging.
• Fruit and confectionery flavoured cigarettes.
• Individual cigarettes or split packs (each cigarette packet must contain 20 cigarettes).
• Novelty lighters.

For tobacco retailers, there are a number of laws which must be followed when selling or supplying tobacco products.

• Retailers, wholesalers, and indirect product sellers must each hold a valid license under the Tobacco Products Control Act 2006.
• A retailer’s licence will not be issued for the sale of tobacco products at sporting, cultural or other events.
• Tobacco products and implements must not be sold, supplied or delivered to children under the age of 18 years.
• Tobacco price boards must be no larger than A4 size and must be accompanied by a graphic A4 sized health warning. 
• Tobacco products must not be displayed. There is a very limited exception in relation to a ‘specialist retailer’ under s23 of the Tobacco Products Control Act 2006.

Advertising and promotion of tobacco products

Commonwealth legislation, Public Health (Tobacco and Other Products) Act 2023 - Federal Register of Legislation, prohibits the publication and broadcast of tobacco advertisements.

• A person must not display or broadcast a tobacco advertisement in a public place.
• Tobacco products must not be promoted through the use of free samples, competitions, awards, gifts, or prizes.
• Tobacco sponsorship of youth, cultural and sporting activities/events is prohibited.
• Tobacco purchases may not be included in loyalty schemes.