LANGUAGE
Last updated: September 17th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Banned
Analysis

All Australian states and territories prohibit the sale of single cigarettes.

The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.

Sale of tobacco products via vending machines

Some Restrictions
Analysis

The national law does not prohibit the sale of tobacco products from vending machines. The sale of cigarettes in vending machines is restricted in states and territories in the following ways: In Victoria, vending machines for use by the public must be positioned in sight of the service counter in bars, casinos, and bottle shops (stores that sell alcohol). In the Australian Capital Territory, vending machines may not be used by the public to purchase smoking products (they may be used with staff intervention). In New South Wales, vending machines are only allowed in licensed premises restricted to persons over the age of 18 and may only be operated by staff intervention. Queensland, South Australia, Tasmania, Western Australia and the Northern Territory have measures in place to ensure that tobacco vending machines are not accessible to minors and do not promote the sale of tobacco products to minors.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Sale of tobacco products via the internet

Some Restrictions
Analysis

Under national law, sales of tobacco products via the internet are allowed. Internet sales are not permitted in the state of South Australia. The laws of all the other states and territories require that a system for age verification be in place for distance sales. Because internet sales are prohibited in one state, the regulatory status code "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of advertising and promotion.

Sale of smokeless tobacco products

Some Restrictions
Analysis

Under Consumer Protection Notice No. 10 of 1991, the supply in trade or commerce of chewing tobacco and snuff intended for oral use is prohibited. However, other types of smokeless tobacco products are permitted.

Sale of waterpipe tobacco products

Allowed
Analysis

The sale of waterpipe tobacco is allowed. However, it is subject to the same regulations as other tobacco products.

Location-based Sales Restrictions

Schools/educational facilities

Allowed
Analysis

The national law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in schools/educational facilities.

Playgrounds

Allowed
Analysis

The national law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The national law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Allowed
Analysis

The national law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in healthcare facilities.

Cultural facilities

Allowed
Analysis

The national law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

All Australian states and territories require unit packages to contain a minimum of 20 cigarettes.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The sale of chewing tobacco and snuff intended for oral use is prohibited. The law does not specify a minimum weight requirement for other types of smokeless tobacco products.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

Yes
Analysis

Four states (Western Australia, South Australia, New South Wales, Tasmania) and two territories (Northern Territory, Australian Capital Territory) require a specific license to sell tobacco at retail. Queensland and Victoria do not require such a license (however, sales are prohibited from temporary structures).

The law aligns with FCTC Art. 15 in that the law requires retailers to obtain a license to sell tobacco products.