ASH resources: 

Tobacco legislation
 

 
 

 

INTERNATIONAL LAW


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. We have obligations including 100% smokefree workplaces, comprehensively banning all tobacco advertising and promotion through all media, and resisting tobacco industry interference in policy-making.  
See implementation guide  and summary

 

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 relevant 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.

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

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 US state that launched the tobacco industry moved closer to making its bars and restaurants smokefree - at least indoors. The Virginia legislature passed a bill tightly restricting smoking in restaurants. 23 other states and Puerto Rico had at this point passed bans on smoking indoors at bars and restaurants.  
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 promised to introduce new laws outlawing intentional destruction of documents to prevent them being used as evidence in court. This followed the Rolah McCabe case, where a terminal lung cancer victim unsuccessfully sued tobacco giant BAT.  
ABC News online 9/11/05   See this case in  Tobacco litigation

Internet sales to minors show Tobacco Act needs tightening
2005: A website operation selling cheap cigarettes shows the urgent need to tighten Australia’s Tobacco Advertising Prohibition Act. Melbourne-based Ancient Egypt Australia, operating legally under a loophole in the TAP Act, is reportedly selling cut-priced cigarettes without requesting proof of age. 
See Sunday Telegraph, Sydney, 1/5/05

Health groups have called for the website to be shut down. They also want the TAP Act reviewed - as at April 2010, we're still waiting for this.

 

 
 

 Page last updated 20/4/10