Hon Michelle Boylan asks the Attorney General for detailed statistics on prosecutions, convictions, reoffending, and asset confiscations related to illicit tobacco and vape offences in WA. The Attorney General's response indicates the data is not readily available and requires clarification of specific offences.

AnsweredQoN 499Legislative Council
Asked
21 August 2025
Portfolio
Attorney General

QuestionView source ↗

(1) For each of the financial years 2021–22, 2022–23, 2023–24, 2024–25, and year-to-date 2025–26: (a) how many prosecutions were commenced in Western Australian (WA) courts for offences involving illicit tobacco or illicit vapes; (b) how many of these prosecutions resulted in convictions; (c) how many of these prosecutions were withdrawn or discontinued; and (d) how many of these prosecutions resulted in acquittals? (2) For each of the financial years listed in (1), how many convictions for illicit tobacco or illicit vape offences resulted in: (a) custodial sentences; (b) suspended sentences; (c) community-based orders; and (d) fines only? (3) For each of the financial years listed in (1), how many individuals convicted of illicit tobacco or illicit vape offences have subsequently reoffended within 12 months of sentence completion, and what was the nature of their subsequent offences? (4) As at the date of this question, how many prosecutions for illicit tobacco or illicit vape offences remain before the courts, awaiting disposition? (5) For each of the financial years listed in (1), how many asset restraint or confiscation actions under the Proceeds of Crime Act have been brought in relation to illicit tobacco or illicit vape offences, and what was the total value of assets restrained or forfeited?

AnswerView source ↗

Answered
14 October 2025
Responded by
Parliamentary Secretary to the Attorney General
Response time
7 days
(1) - (4) There is a range of State and Federal legislation that regulates tobacco and vapes. This legislation includes, for example, the Tobacco Products Control Act 2006 (WA), Medicines and Poisons Act 2014 (WA), and the Therapeutic Goods Act 1989 (Cth). It is respectfully requested that the Member specify the offences for which data is sought, in order for the Department of Justice to extract the required information.
(5) The Member is requesting a significant amount of information and detail for a considerable period of time. The information requested is not readily available and collecting it would require manual review of hundreds of files for each yea. This would divert staff away from their normal duties and is not considered to be a reasonable or appropriate use of government resources.

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