Tobacco in Australia is regulated through Commonwealth, State and Territory legislation. Legislation covers:

	packaging and labelling requirements;
	advertising and promotion restrictions;
	public smoking bans;
	taxation (excise and business franchise fees)

Changes in public policy in recent years reflect the level of community concern about smoking. Restrictions on advertising, sale of tobacco, sponsorship and bans on smoking in many public and work areas have come about because of a growing awareness of the harmful consequences of smoking both to the smoker themselves and those around them.


Background to Australian tobacco legislation

It was not until the 1970s that Australian governments began to attempt to control the sale and use of tobacco products (other than to children). Beginning in the 1950’s, research found a strong link between smoking and various diseases, which led to legislation from both the federal and state governments. Tobacco control legislation across Australia has occurred at different times in different jurisdictions.

See the Australian Tobacco Timeline for dates of key changes in legislation


Advertising & promotion legislation

In the Tobacco Advertising Prohibition Act 1992, federal parliament decreed that there should be no advertising or promotion of tobacco products. However, point of sale marketing remains the province of the states. The TAP Act was reviewed in 2004, but no changes were made.


Smoking in public places

Recently there has been considerable public and government support for moves to restrict smoking in public places. It is now accepted that passive smoking (breathing in other people's cigarette smoke) poses a risk to everyone’s health, not just to those who smoke.
Federal controls ban smoking in

	all commonwealth departments
	all domestic flights and international flights out of Australia, and in airport buildings operated by the Federal Airports Corporation.

Areas where smoking is prohibited are controlled by State legislation.

See the Tobacco Laws website for further information.


Health warnings on cigarette packs

On March 1, 2006, the Commonwealth introduced graphic health warnings on tobacco packaging.  On cigarettes and cigarette cartons, health warnings occupy 30% of the front and 90% of the back of packages.

For more information see Graphic Health Warnings


Tobacco Litigation

In Australia as in other countries, litigation against tobacco companies, brought by individuals, classes or corporations and organisations, is seen as a way of making the tobacco industry accountable for its past and present actions. In 1997, tobacco companies in the United States of America began bargaining with states' attorneys over a number of lawsuits which resulted in settlements totalling about $10 billion/year in perpetuity, an agreement to ban most outdoor advertising, and a few other public health concessions. ¹

For examples of tobacco litigation cases, see our Information Sheet: Tobacco and the law.
See ASH Australia's tobacco litigation webpage for information about the latest cases.


Further Information:
Information Sheet: Tobacco and the law

Australian tobacco legislation
National Tobacco Legislation Chart

Tobacco Advertising Prohibition Act 1992 An Act to limit the exposure of the public to advertisements for smoking and tobacco products, and for related purposes.

Tobacco Advertising Prohibition Regulations 1993 No. 129 Regulations under the Tobacco Advertising Prohibition Act 1992.

Tobacco Advertising Prohibition Amendment Act 1995
An Act to amend the Tobacco Advertising Prohibition Act 1992.

Tobacco Advertising Prohibition Amendment Act 2000 No. 135, 2000
An act to ban all tobacco advertising at sporting and cultural events by October 2006.

South Australian tobacco legislation
The Tobacco Products Regulation Act 1997 is the Act in South Australia that regulates tobacco sales, distribution and use of tobacco, including areas where smoking is prohibited.

The Tobacco Products Regulations 2004 are the regulations under the Act.

References