ASH resources: 

Tobacco legislation 

 
   

See also from our homepage, under various issues - e.g. smokefree places, protecting children, plain packaging, political donations (etc). 

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

Australian Federal legislation on tobacco
Commonwealth tobacco laws as at 2008 in Tobacco in Australia: Facts and Issues

States and territories
Jurisdictions' webpages for current tobacco laws and (some) government tobacco action plans/strategies:
ACT      NSW     NT      Queensland     SA     Tasmania      Victoria      WA

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; and
  • make public and private places frequented by 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

Tobacco smuggling faces tougher penalties
November 2012: Act passed by Federal parliament toughens penalties - smugglers face up to ten years jail under newly created offence.
Legislation  

Bill tightens tobacco internet advertising loopholes
February 2012: ASH and health leaders have welcomed Senate passage (7/2/12) of amendments to the Tobacco Advertising Prohibition Act to brings restrictions on tobacco advertising on the internet into line with other media and physical points of sale. ASH media release 9/2/12   and   Legislation 

Australian laws should get tough on tobacco industry: lawyer
2011: Australia should introduce far-reaching corruption and racketeering laws to fight "dirty tactics" of tobacco companies, says Slater and Gordon senior partner Peter Gordon. NineMSN 17/11/11

Plain packs bill passed
2011: Australia's tobacco plain packaging bills are passed by Parliament in November. The law takes full effect by December 1, 2012. Philip Morris has taken legal action as threatened, though seen by independent legal experts as unlikely to succeed. 
The legislation and latest on  Plain packaging 

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

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 15/4/13