From 22 July 2026, new laws commenced in Tasmania to strengthen action against the sale and supply of illicit tobacco, vaping and other nicotine products.

The Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026 introduces:

  • new offences and tougher penalties for the sale and supply of illicit tobacco, vapes and vaping products
  • powers that enable the Secretary in the Department of Health to close businesses that are selling these products illegally.

These laws do not target Tasmanians who smoke or vape or retailers who follow the law. They focus on the illegal market and the people and businesses that profit from unlawful activity.

What will change?

The Bill introduces the following provisions to immediately disrupt the illicit trade in Tasmania:

  • Broader definitions of prohibited products, ensuring the laws can respond to emerging tobacco, vaping and nicotine products – see the Fact Sheet for details of the extended definitions
  • Significantly increased penalties for prohibited smoking product offences, bringing penalties into line with other retail offences and ensuring unlawful profits are met with meaningful consequences.
  • Greater protections for children and young people, including higher penalties and on-the-spot fines for sales to people under 18.
  • New powers to close premises involved in unlawful sales, helping disrupt illicit trade and the supply of unsafe, unregulated products.
  • A complete ban on smoking product vending machines, closing a loophole that allowed smoking products to be sold with limited oversight.
  • Tighter controls on what is displayed in shops, including a ban on the public display of smoking paraphernalia to reduce its visibility and normalisation.
  • Stronger powers for nominated officers, supporting faster investigations and more effective enforcement.
  • Improved information-gathering powers for nominated officers, enabling them to verify licences, identify those involved and gather evidence of possible offences.
  • Tougher consequences for offences against frontline officers, helping ensure they can carry out their duties safely.
  • Greater transparency for the community, through publication of the smoking product licence register.

What do Retailers need to do?

Businesses retailing tobacco in Tasmania need to :

  • Check that all tobacco, vaping and nicotine products you hold are lawful.
  • Stop selling, supplying, offering or displaying prohibited smoking products.
  • Remove any smoking product vending machines from your premises.
  • Remove smoking paraphernalia from public display.
  • Make sure your smoking product licence details are correct.
  • Explain the new requirements to staff.
  • Remove any product from sale and display and contact Tobacco Control if unsure whether it is lawful.

Retailers must also continue to understand and comply with all existing legal requirements for selling smoking products.

The requirements set out in the Smoking Products Retailer Guide and the Guidelines for the Sale of Smoking Products continue to apply.

What’s next?

The Act forms part of broader reform to Tasmania’s tobacco, vaping and nicotine laws. The Tasmanian Government intends to consolidate tobacco, vaping and other nicotine laws into a new standalone Act. This will provide a clearer and more comprehensive legislative framework for tobacco, vaping and nicotine regulation in Tasmania, strengthening prevention, enforcement and support for Tasmanians who want to quit smoking or vaping.

Further evidence-based action to reduce tobacco and nicotine-related harm is being progressed through The Health Revolution, Tasmania’s bold new 20-year preventive health strategy.

Why are changes needed?

Tasmania has made important progress in reducing smoking rates by around one-third over the past two decades. But the growing illicit trade in tobacco, vaping and other nicotine products threatens to undermine this progress and is increasingly targeting children and young people.

Tobacco is designed to create and sustain nicotine dependence, which can make quitting extremely difficult. It causes serious harm and can kill. More than 66 Australians die every day from tobacco-related illness.

Tobacco-related harm is estimated to cost Tasmania’s economy more than $3 billion each year.

Helping people reduce or quit tobacco and nicotine use gives more Tasmanians the chance to live longer, healthier lives and be there for the people they love, while reducing the number of families experiencing the pain caused by tobacco-related disease.

More information

Information for Tasmanian Retailers – Fact Sheet

ACAPMA

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