ASH resources: 

Tobacco legislation
 

 
   

Latest  NEWS

INTERNATIONAL LAW


WHO Framework Convention on Tobacco Control (FCTC)
World Health Organisation treaty to address all areas of tobacco impacts. Australia has ratified it, among hundreds of countries. Above link has links to full treaty text and implementation guidelines for specific articles.   
FCTC summary and using the guidelines

As with any other treaty, the FCTC confers legal obligations on its Parties –  including Australia. We are obliged to:

  • Protect public health policies from commercial and other vested interests of the tobacco industry

  • Adopt price and tax measures to reduce the demand for tobacco

  • Protect people from exposure to tobacco smoke

  • Regulate the contents of tobacco products

  • Regulate tobacco product disclosures

  • Regulate the packaging and labelling of tobacco products

  • Warn people about the dangers of tobacco

  • Ban tobacco advertising, promotion and sponsorship

  • Offer people help to end their addictions to tobacco

  • Control the illicit trade in tobacco products

  • Ban sales to and by minors

AUSTRALIAN LAW

Australian federal and state legislation on tobacco
Full chart summarising Commonwealth, state and territory laws on tobacco, as at March 2008. From the Commonwealth Department of Health and Aging.

See our  homepage  for specific areas of legislation - e.g. smokefree workplaces (below), and under TAKING ACTION: protecting children, smokefree places, smoking and fires.

Legislation on SMOKEFREE WORKPLACES:   
See  SmokeFree Australia webpage  with chart of current state/territory laws and links.

Legislation on PROTECTING CHILDREN FROM TOBACCO:  
See  latest steps  taken by governments to:

  • put tobacco out of sight in shops;
  • prevent children buying or selling it;
  • license its dealers; 
  • ban or restrict tobacco sales at youth events or from vending machines; 
  • make crowded public places frequented by children smokefree; and 
  • make cars carrying children smokefree.

Packet health warnings    Current Australian legislation and warnings

Compliance enforcement guidelines
Trying to draft good anti-tobacco laws, ensure maximum compliance with them, or improve weak legislation so it's more enforceable? See this guide to the basics by Healthbridge called  Enforcement of tobacco control law

 

 

NEWS

Australian laws should get tough on tobacco industry: lawyer
November 2011: Australia should introduce far-reaching corruption and racketeering laws to fight "dirty tactics" of tobacco companies, says a leading lawyer. Slater and Gordon senior partner Peter Gordon told a tobacco control meeting in Perth the federal government should stand firm on its plain packaging legislation, and should introduce US-style racketeering laws that have delivered multi-billion dollar industry payouts. NineMSN 17/11/11

Plain packs bill passed
November 2011: Australia's tobacco plain packaging bills have been passed by Parliament. The law will take full effect by December 1, 2012 when all tobacco packs on shelves will be as shown above. Philip Morris has taken legal action as threatened, though seen by independent legal experts as unlikely to succeed. Minister Roxon release 21/11/11   "Tobacco diseases can be prevented if countries unite": ASH Australia media release 21/11/11   Philip Morris Asia files lawsuit:  PM Asia release 21/11/11  and Tobacco.org news 21/11/11  

Greens bill to ban tobacco political donations
June 2011: Private Members' Bill in Federal Parliament from Greens Leader Senator Bob Brown, to prohibit tobacco industry or related entities making donations to parties or candidates.
See  bill and explanatory memo

NSW proposes smokefree dining in discussion paper
2010: The NSW government has proposed statewide smokefree dining among possible reforms in its 2011-16 Tobacco Strategy released for public input.  
See  discussion paper 

Government moves against internet promotion
2010: The Australian Government introduced legislation to end "cheap" and "tax-free"  tobacco promotion on the internet.   Health Minister Roxon release 17/11/10
ASH and our allies have been calling for reform of the Tobacco Advertising Prohibition Act for several years, citing dangerous loopholes: see
Sunday Telegraph, Sydney, 1/5/05

NSW bans tobacco, alcohol and gambling political donations
2010: NSW parliament has banned political donations from  tobacco companies,  profit-driven liquor/gambling businesses and organisations.  See  Government release ...  ASH submission 2009  ...  ASH federal campaign

US tobacco control bill passes
2009: The US House of Representatives has given overwhelming final approval to a bill granting the Food and Drug Administration regulatory authority over tobacco. This long-awaited bill now goes to President Obama to sign it into law. 
See  US Campaign for Tobacco-free Kids statement

Tobacco's heartland moves towards smokefree bars, restaurants
2009: The tobacco industry's birthplace state moves closer to making its bars and restaurants indoor-smokefree. Virginia legislature passes law tightly restricting smoking in restaurants. 23 other states and Puerto Rico had already outlawed indoor bar and restaurant smoking.  
See  Richmond, Virginia Times-Despatch report 20/2/09

Canada and 20+ US states mandate reduced fire risk cigarettes
2009: Reduced fire risk cigarette standards are law in Canada and at least than 22 US states - with laws pending in a further 15 states.
See the situation of legislation in North America at  www.firesafecigarettes.org   In New York state, this has led to fewer deaths from fires.  See ABC (US) news story 20/9/05     Australia has now followed suit: see our webpage on  fighting fires caused by cigarettes 

Victoria beefs up evidence laws after McCabe case
2005: The Victorian Government promises new laws outlawing intentional destruction of documents to prevent them being used as evidence in court. Followed McCabe v BATA case - terminal lung cancer victim unsuccessfully sued tobacco giant. 
ABC News 9/11/05   See this case in  Tobacco litigation

 

 
 

 Page last updated 23/11/11