New laws for the supply of smoking products

From 2 June 2023, new controls on the sale and supply of smoking products apply.

Illicit tobacco

It is illegal for suppliers to supply, store or possess illicit tobacco in Queensland.

Illicit tobacco is a smoking product that does not comply with plain packaging, health warning requirements, or any other requirements under Commonwealth law.

All tobacco products sold in Australia must be in plain packaging. They must be packaged:

• in a certain colour
• with brand names shown in certain ways
• with required text and graphic health warnings
• without logos, brand images or promotional text.

Commercial quantities of illicit tobacco

A commercial quantity for illicit tobacco is a minimum of 50 cigarettes or 50 grams of other tobacco products.

Penalties that apply to supplier of illicit tobacco

The maximum penalty for a smoking product supplier supplying illicit tobacco is 300 penalty units, with an on-the-spot fine of 20 penalty units for individuals and 100 penalty units for corporations.

The maximum penalty for a smoking product supplier storing or possessing illicit tobacco is 140 penalty units, with an on-the-spot fine of 20 penalty units for individuals and 100 penalty units for corporations.

As of 1 July 2023, the penalty unit amount is $154.80. This amount increases annually. For more information on current penalty amounts call 13 QGOV (13 74 68).

How illicit tobacco supply places are monitored and enforced

The laws are monitored and enforced by Queensland Health Environmental Health Officers, who provide advice and education, respond to possible breaches and issue warnings and on-the-spot fines.

You can report a possible breach of the illicit tobacco laws.

Retail advertising and display of smoking products

Strict requirements are already in place regarding the sale and promotion of smoking and smoking related products in Queensland.

New requirements include:

• Only one business name which includes a reference to smoking products can be used.
• Only one mandatory sign and one permitted sign can be displayed at the point-of-sale.
• Images that promote a person or thing consuming, using, or being associated with a smoking product cannot be displayed at a retail outlet. This includes fixed and moving images and videos.
• There must be no more than three hookahs on display in a shop. The display of part of a hookah, the packaging for and static or moving images of a hookah or part of a hookah are taken to be the display of a hookah.

The Retailer factsheet (PDF) and updated Smoking Products Retailers Guide (PDF) include information to assist businesses understand new and existing smoking products supply requirements. The Retailer factsheet is available in a range of languages. You can view a version of the factsheet in your language.