Released 22/10/2025 - Joint media release
The ACT Government will boost enforcement to crack down on illegal smoking products, with expanded powers to inspect licensed tobacco retailers, seize illicit goods and issue fines.
Minister for Health Rachel Stephen-Smith today introduced the Tobacco and Other Smoking Products Amendment Bill 2025 to modernise and strengthen the Territory’s ability to respond to growing public health concerns about prohibited smoking products, including illicit tobacco and e-cigarettes.
The Bill will allow authorised officers to issue infringement notices with a penalty of $1,600 for the sale of prohibited smoking products through amendments to the Magistrates Court (Tobacco and Other Smoking Products Infringement Notices) Regulation 2010.
Other key reforms included will:
- Classify illicit tobacco as a prohibited smoking product, enabling ACT authorised officers to take direct regulatory action under Territory law.
- Expand authorised officer powers, including entry to any premises that are open to the public at a reasonable time for inspection.
- Strengthen seizure provisions to allow the ACT Government to retain seized goods without compensation under specific conditions.
- Update identity card requirements to better protect authorised officers from occupational violence.
- Make technical amendments to support enforcement and regulatory clarity.
These reforms build on the Tobacco and Other Smoking Products (Vaping Goods Amendment) Bill 2025, passed by the Legislative Assembly on 8 April 2025, which aligned ACT vaping laws with Commonwealth legislation and classified all non-therapeutic vaping products as prohibited smoking products under the Tobacco and Other Smoking Products Act 1927.
In addition to these strong regulatory measures, the ACT Government is committed to bringing forward further reforms that reflect the serious nature of criminal activity that has been associated with the illicit tobacco trade in other jurisdictions.
We will also continue to working closely with the Commonwealth and other jurisdictions, which is vital in addressing this illegal activity.
Today’s Bill will also complement the ACT Government’s work to support people who want to quit smoking or vaping.
The ACT Government is investing more than $1.2 million in expanded smoking and vaping cessation support services over the next three years, including the upgraded ACT Quitline service which launched in July with new digital support options, and a pilot youth-targeted clinical vaping cessation support service set to open before the end of 2025.
The 2024 Healthy Canberra Grant round continues to support Cancer Council ACT and the Alcohol, Tobacco and Other Drug Association ACT to upskill the ACT community to reduce nicotine dependence in priority populations.
For information about where to get help to quit smoking or vaping, call the Quitline on 13 QUIT (13 7848).
Quotes attributable to ACT Minister for Health, Rachel Stephen-Smith:
“The ACT Government is committed to ensuring our regulatory agencies are equipped to respond to emerging risks, including illegal tobacco and vaping products. These amendments are part of our broader commitment to protecting the community from the harms of tobacco and e-cigarettes.
“We are not stopping here. The ACT Government will bring forward further reforms in 2026 targeting the illicit tobacco trade.
“We will continue to work closely with our Commonwealth, state and territory partners as part of national efforts to tackle the illicit tobacco and e-cigarette trade. A coordinated national approach is essential to effectively combat this growing black market.”
Quotes attributable to ACT Minister for City and Government Services, Tara Cheyne:
“Modernising the ACT Government’s enforcement powers is essential to keeping pace with the evolving tactics used in the illicit tobacco and vaping trade.”
“The sale and supply of illicit tobacco is already illegal in the ACT and by classifying illicit tobacco as a prohibited smoking product it will give authorised officers in Access Canberra the powers they need to act swiftly and proportionately.”
- Statement ends -
Rachel Stephen-Smith, MLA | Tara Cheyne, MLA | Media Releases