ACT Government Bill Targets Illicit Tobacco and Vapes with Tougher Powers

Oct.23

ACT Government Health Minister Rachel Stephen-Smith introduced the Tobacco and Other Smoking Products Amendment Bill 2025, expanding authorised officers’ inspection, seizure and penalty powers to address illicit tobacco and vaping. The Bill enables $1,600 infringement notices for selling prohibited smoking products and classifies illicit tobacco as a prohibited smoking product under Territory law.

Key highlights

Bill empowers officers to issue A$1,600 infringement notices for sales of prohibited smoking products.
Illicit tobacco formally classified as a prohibited smoking product, unifying enforcement under Territory law.
Expanded entry powers, stronger seizure rules, and non-compensable retention of seized goods in defined cases.
Updated ID card protections and technical amendments to enhance clarity and operational certainty.
Government flags additional 2026 reforms targeting the illicit tobacco trade; Access Canberra to gain clearer powers.

2Firsts, October 23, 2025 — According to the ACT Government, Health Minister Rachel Stephen-Smith has introduced the Tobacco and Other Smoking Products Amendment Bill 2025 to strengthen the Territory’s response to illicit tobacco and e-cigarettes.

The Bill authorises officers to issue A$1,600 infringement notices for selling prohibited smoking products and reclassifies illicit tobacco as a prohibited smoking product, aligning it with other restricted categories.

It also expands entry powers, bolsters seizure provisions—including the ability, in specified circumstances, to retain seized goods without compensation—and updates identity card protections and technical provisions to improve clarity and enforceability.

Stephen-Smith said the amendments form part of a broader commitment to protect the community from tobacco and e-cigarette harms and to equip regulators to address emerging risks.

Minister Tara Cheyne added that modernised powers are essential to keep pace with evolving illicit-trade tactics and will enable swift and proportionate action by Access Canberra.

The Government confirmed it will bring forward further reforms in 2026 targeting the illicit tobacco trade.

Image source: ACT Government

References:

[1] ACT strengthens powers to crack down on illegal tobacco

Also Read:

[1] Australia forms National Disruption Group to combat illicit tobacco and converging crime threats

[2] Operation Shutdown in South Australia closes 71 illegal tobacco and e-cigarette stores, confiscates over $4.2 million worth of products

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