The Minister for Health outlines the government's actions to combat illegal tobacco and vape sales, including increased penalties and collaboration between WA Health and WA Police. The Minister urges the opposition to support the new legislation.

AnsweredQoN 12Legislative Assembly
Asked
17 February 2026
Portfolio
Health

QuestionView source ↗

Tobacco and vapes—Illegal sales12.Mrs Michelle Maynardto the Minister for Health:I refer to the Cook
Labor government's recent announcement about updates to theTobacco Products Control Act 2006. Can the
minister update the house on the steps this government is taking to protect the
health and safety of Western Australians from harmful products and the
associated criminal activity?

AnswerView source ↗

I thank the member
for the question. It is a very important issue and I am very pleased to provide
an update to the member and the whole house. Our government is committed to
protecting the people of Western Australia from the harmful effects of tobacco
and vapes. We know how harmful these products are. That is why, in 2023 and 2024,
we acted quickly to introduce new laws and regulations that would crack down on
what was then an emerging issue in this area with the importation of
non-prescription vapes and we banned all single-use vapes.We have seen the
continuing evolution of issues. In more recent times, we have seen a very
dangerous escalation in both the sale of vapes, but particularly illicit
tobacco, and the increasing involvement of organised crime in that illicit
trade. That is why, since the 2025 election, our government has been reviewing
our policy position on this. We have considered work that has been undertaken
in other states on this issue, particularly those measures which have had the
biggest impact on disrupting illicit trade.Members will be
aware that earlier this year we announced an increase to the number of
compliance officers in the Department of Health, including an important role to
be played by Superintendent Post from the WA Police, meaning closer cooperation
between WA Health and WA Police in terms of managing ongoing compliance. It is
also why we have drafted new legislation, which I was pleased to give notice of
today.The proposed
amendments to the legislation will introduce new offences and penalties for the
possession of large quantities of vapes and illicit tobacco to crack down on
this illicit trade. This bill will also significantly increase penalties for
existing offences. For example, under the new legislation, the maximum penalty
for possession of a large commercial quantity of illicit tobacco or vaping
products will be $4.2 million for an individual and $21 million for a company
and up to 15 years imprisonment. I know the� member will agree that this is a
significant deterrent to anyone who is considering whether they will continue
to participate in the illicit trade.I am pleased to say
that our bill introduces penalties that are amongst the toughest across the
nation. We will take action against those who are involved in the illicit trade
and we will hit them where it hurts. The bill will also introduce interim and
short-term closure orders of up to 90 days. This means that we can take
immediate action to disrupt the trade of these illicit products.I know, as the member
will as well, that those on the other side of the house have been very
enthusiastic in calling for new laws in this regard. Now is the time for the
opposition to back in support for our bill and ensure it has quick passage
through this house and the other house so that we can get on with implementing
these new laws and taking the necessary action to ensure that we pass these
laws through this house of Parliament and the other place as quickly as
possible and to get on with taking the tough action that we need to crack down
on the illicit trade.
Tobacco and vapes—Illegal sales
12.Mrs Michelle Maynardto the Minister for Health:
I refer to the Cook
Labor government's recent announcement about updates to theTobacco Products Control Act 2006. Can the
minister update the house on the steps this government is taking to protect the
health and safety of Western Australians from harmful products and the
associated criminal activity?
Ms Meredith Hammat replied:
I thank the member
for the question. It is a very important issue and I am very pleased to provide
an update to the member and the whole house. Our government is committed to
protecting the people of Western Australia from the harmful effects of tobacco
and vapes. We know how harmful these products are. That is why, in 2023 and 2024,
we acted quickly to introduce new laws and regulations that would crack down on
what was then an emerging issue in this area with the importation of
non-prescription vapes and we banned all single-use vapes.
We have seen the
continuing evolution of issues. In more recent times, we have seen a very
dangerous escalation in both the sale of vapes, but particularly illicit
tobacco, and the increasing involvement of organised crime in that illicit
trade. That is why, since the 2025 election, our government has been reviewing
our policy position on this. We have considered work that has been undertaken
in other states on this issue, particularly those measures which have had the
biggest impact on disrupting illicit trade.
Members will be
aware that earlier this year we announced an increase to the number of
compliance officers in the Department of Health, including an important role to
be played by Superintendent Post from the WA Police, meaning closer cooperation
between WA Health and WA Police in terms of managing ongoing compliance. It is
also why we have drafted new legislation, which I was pleased to give notice of
today.
The proposed
amendments to the legislation will introduce new offences and penalties for the
possession of large quantities of vapes and illicit tobacco to crack down on
this illicit trade. This bill will also significantly increase penalties for
existing offences. For example, under the new legislation, the maximum penalty
for possession of a large commercial quantity of illicit tobacco or vaping
products will be $4.2 million for an individual and $21 million for a company
and up to 15 years imprisonment. I know the� member will agree that this is a
significant deterrent to anyone who is considering whether they will continue
to participate in the illicit trade.
I am pleased to say
that our bill introduces penalties that are amongst the toughest across the
nation. We will take action against those who are involved in the illicit trade
and we will hit them where it hurts. The bill will also introduce interim and
short-term closure orders of up to 90 days. This means that we can take
immediate action to disrupt the trade of these illicit products.
I know, as the member
will as well, that those on the other side of the house have been very
enthusiastic in calling for new laws in this regard. Now is the time for the
opposition to back in support for our bill and ensure it has quick passage
through this house and the other house so that we can get on with implementing
these new laws and taking the necessary action to ensure that we pass these
laws through this house of Parliament and the other place as quickly as
possible and to get on with taking the tough action that we need to crack down
on the illicit trade.

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