WA Labor government ‘lagging’ on illicit tobacco as smoking rates soar
Western Australia’s smoking and vaping rates are rising for the first time in decades, while the Cook Labor government delays urgent tobacco law reforms, fuelling the black market and putting public health at risk.
The Cook Labor government is facing pressure over soaring smoking rates as Western Australia remains the only mainland state yet to table new laws to combat the explosion of the illicit tobacco trade.
The state’s failure to act has created a legislative void that health officials, including the Australian Medical Association, say is fuelling a tobacco black market and undermining years of anti-smoking progress.
Despite being described by Police Minister Reece Whitby as a “priority”, overdue laws targeting the state’s booming illicit tobacco trade have not yet reached parliament, even as new figures show more West Australians are picking up the deadly habits.
The Health Department’s latest annual report revealed the state’s smoking rate had climbed for the first time since 1995, jumping from 10 per cent in 2022-23 to 12 per cent.
The proportion of people who have tried an e-cigarette has almost doubled to 24 per cent.
Premier Roger Cook this week blamed the rising smoking rates on migration and defended his government’s record, suggesting the increase was partly due to population growth.
And during Wednesday’s parliamentary session, Mr Cook acknowledged the urgency of law reforms but said the government was “not rushing” the process to ensure changes were appropriate.
It’s understood any changes to the existing laws will not take effect this year, with just three sitting weeks left in parliament.
A government spokesperson said that in 2024, the Department of Health seized more than 222,000 vapes worth $6.6m, 966,000 cigarettes and over 156kg of loose tobacco. By comparison, Queensland Health has confiscated more than 50 million cigarettes in less than a year – highlighting the disparity with WA’s Health Department seizing a fraction of that figure.
“The Cook Labor government is committed to strengthening WA’s tobacco legislation to complement national laws and better protect Western Australians from harmful products,” the spokesperson said. “We believe our legislation will give WA the toughest tobacco control laws in the country – and will complement national laws and protect Western Australians from these harmful products.
“But drafting legislation is complex, so in the meantime WA authorities are working collaboratively to crack down on the illegal tobacco market with existing powers.
“The government is also looking at the experiences of other states to inform our new laws.”
The spokesperson said the government would have more to say on the changes to the legislation “when it’s appropriate to comment”.
An audit by the Australian Council on Smoking and Health released this week exposed the major failings in WA’s existing tobacco laws, which were described as “toothless” compared to other states.
The audit by ACOSH of 103 retailers across 56 Perth suburbs found 50 per cent were selling illegal tobacco or vapes, with 80 per cent of those outlets located within 1km of a school.
Illegal cigarettes were sold for as little as $15 a pack, featuring banned brands such as Manchester menthols, while popular vape brands like iGET and Alibarbar were sold for around $55, and no ID checks were conducted at any store.
Under current laws, those caught selling tobacco illegally face penalties of up to $10,000 for individuals and $40,000 for companies. By comparison, South Australian authorities can now shut down illicit tobacco shops for up to 28 days through an initial order and six months via the courts. Queensland’s new laws go even further, giving police the power to close illegal traders for three months on the spot – but they are currently under scrutiny by the corruption watchdog and civil libertarians.
ACOSH CEO Laura Hunter told The Australian WA had known about the issue for six months but failed to act.
“We’re calling on the WA government to fast-track stronger tobacco laws. We need the power to shut down illegal tobacco and vape shops straight away and hit offenders with penalties that really bite,” Ms Hunter said.
“The WA government has known about this issue for almost six months – ever since ACOSH’s National Scorecard gave the state a ‘D’.
A “D” means the state was hampering compliance and enforcement efforts.
The Northern Territory was the only jurisdiction to score worse than WA.
“But it’s not the only state hitting snooze,” Ms Hunter said.
“Victoria, which has just launched a licensing scheme, isn’t enforcing it until next year. Every state needs to step up now. 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 Australians would agree that’s totally unacceptable.”
On Thursday, the AMA issued a statement supporting the push by ACOSH, saying there was a need for “urgent reform” of the state’s tobacco control laws.
President Kyle Hoath said the findings by ACOSH were “deeply concerning”, adding that the current laws were failing to protect the health of Western Australians.
“The recent rise in both smoking and vaping rates in Western Australia is a wake-up call for urgent action,” Dr Hoath said.
“We are particularly concerned about the increasing uptake of vaping among young people, which risks creating a new generation addicted to nicotine.”
Dr Hoath said a whole-of-government approach was needed to bolster current laws, adding the Cook government must “act decisively to close the loopholes that allow illegal tobacco and vape sales to flourish”.
Liberal member for Kalamunda and shadow police minister Adam Hort accused the state government of “lagging behind” every mainland state.
“Every other mainland state has introduced or passed laws giving their agencies stronger powers to close illegal shops, increase fines and target organised crime, while in Western Australia the Cook Labor government says it is sitting back and watching what other states are doing,” Mr Hort said.
“By failing to act, the Cook Labor government is leaving the door wide open for organised crime to establish itself here, running the risk of more fire bombings and drive-by shootings in our suburbs.
“This inaction isn’t just weak, it is putting the lives of Western Australians at risk.”
More Coverage
To join the conversation, please log in. Don't have an account? Register
Join the conversation, you are commenting as Logout