The illegal sale of tobacco and vapes has surged in Western Australia, with reports indicating that approximately half of Perth’s corner shops are engaging in these unlawful activities. The Australian Council of Smoking and Health (ACOSH) has called for urgent reforms to the state’s penalties, which it describes as ineffective. A recent survey of 103 outlets across 56 suburbs found widespread illegal sales of tobacco and vapes at newsagents, delis, and convenience stores.
According to ACOSH’s chief executive, Laura Hunter, these products are openly displayed in stores. “Illegal tobacco and vapes are being sold in broad daylight — proudly displayed in glass cabinets and listed on laminated menus,” she stated. Hunter emphasized the lack of fear among shop owners regarding enforcement, citing very few enforceable penalties.
Western Australia currently stands out as the only state in Australia that has not updated its legislation in response to the growing illegal tobacco and vape market. The current penalties include fines of up to $10,000 for individuals and $40,000 for businesses committing a first-time offense. However, WA Police Commissioner Col Blanch recently commented that these fines are insufficient to deter illicit activities, particularly following a series of violent incidents linked to smoke shops.
During a recent question time, Police Minister Reece Whitby defended the government’s actions, stating that the WA Department of Health had conducted over 1,600 inspections in 2023. These inspections led to the seizure of more than 190,000 vapes, 460,000 cigarettes, and over 85 kilograms of loose tobacco. Whitby assured the public that the state is committed to developing some of the toughest anti-illegal tobacco laws in the country.
The urgency for reform is further underscored by the findings of the Department of Health’s recent annual report, which revealed a troubling increase in smoking rates in WA. The report indicated that the proportion of smokers rose from 10 percent to 12 percent over the past two years, reversing a downward trend that had seen smoking rates fall to 9 percent in 2018. The Cancer Council of WA had previously predicted that the smoking rate would decline to 5 percent by 2028.
In addition to these statistics, a recent report from the University of Notre Dame highlighted the role of convenience stores as a significant source of vapes for young people. Despite the closure of dedicated vape shops following the introduction of strict federal legislation, convenience stores are reportedly continuing to sell vapes under the counter. The report noted that nine such stores are located within a 500-meter radius of Perth’s central business district.
In August, Commissioner Blanch expressed the need for more power to shut down convenience stores and smoke shops that sell black market tobacco, citing fears of a potential “tobacco war” following violent incidents, including shootings and firebombings in Perth. He reiterated that selling illicit tobacco is already illegal in WA but highlighted that the current fines do not deter shop owners.
As the situation develops, the WA government faces mounting pressure to take decisive action against the illegal tobacco trade, which continues to pose a significant public health challenge and raises concerns about community safety.
