Australian Online Tobacco Laws Explained
Australian Online Tobacco Laws Explained
Buying and selling tobacco products online in Australia is subject to strict laws. While online tobacco sales are not automatically prohibited across Australia, retailers must comply with Commonwealth legislation as well as applicable state and territory requirements.
Understanding these rules can help consumers distinguish between online tobacco retailing that operates within the regulatory framework and potentially unlawful tobacco sales.
Is It Legal to Sell Tobacco Online in Australia?
Australian law provides limited circumstances in which tobacco advertising at an online point of sale may be permitted.
Under the Public Health (Tobacco and Other Products) Act 2023, an online tobacco advertisement may be permitted where it satisfies the applicable state or territory legislation or, in relevant circumstances, the Commonwealth requirements.
This does not mean that an ordinary e-commerce website can advertise tobacco products in the same way as other consumer goods.
Online tobacco retailing is subject to specific restrictions concerning advertising, website content, age verification and the information displayed about tobacco products.
What Information Can Be Displayed Online?
The Public Health (Tobacco and Other Products) Regulations 2024 impose detailed requirements on online tobacco advertising.
Where the Commonwealth online point-of-sale requirements apply, the permitted product information on a price board is limited. It can include information such as:
- Brand and variant name
- Price, including taxes
- Package size or mass
- Country of origin statement
- Item number or product code
- Certain additional charges relating to the sale
The regulations also require standardised presentation of this information.
Promotional Tobacco Content Is Restricted
Australian tobacco advertising laws significantly restrict promotional material.
Under the Commonwealth online point-of-sale requirements, websites must not contain words or images intended to entice someone to purchase a regulated tobacco item.
The regulations specifically give examples of promotional expressions such as “cheap”, “discount”, “bulk savings” and “buy one, get one free”.
Images of regulated tobacco items are also prohibited under these online advertising requirements.
These restrictions are important because tobacco products cannot be marketed online in the same manner as ordinary retail products.
Health Warnings Are Required
Webpages displaying online tobacco advertisements or providing a facility to purchase regulated tobacco items must display prescribed tobacco advertisement warnings.
Under the Commonwealth requirements, these warnings must appear prominently at the top of the webpage and remain clearly visible.
The requirements also regulate how these warnings are displayed.
Age Verification Requirements
The Commonwealth regulations require an online tobacco website covered by these provisions to have an age-verification system that limits access to people aged 18 or over.
Retailers must also consider applicable state and territory restrictions concerning the supply of tobacco products to minors.
State and Territory Laws Also Matter
Commonwealth legislation is only part of Australia’s tobacco regulatory framework.
State and territory legislation can impose additional requirements concerning tobacco retailing, licensing, sales and advertising.
This means requirements may differ depending on where a retailer operates and where the customer is located.
Consumers and retailers should therefore check the current requirements applying in their jurisdiction rather than assuming that the same rules apply everywhere in Australia.
Understanding Australia’s Online Tobacco Regulations
Australia has extensive controls governing tobacco advertising and retailing, including online sales.
Online tobacco retailing is therefore different from ordinary e-commerce. Age restrictions, advertising limitations, prescribed warnings and state or territory requirements can all apply.
For current information, consumers and retailers should refer to the Australian Government Department of Health, Disability and Ageing, the Federal Register of Legislation and the relevant health authority in their state or territory.
This article provides general information about Australian tobacco regulation and does not constitute legal advice.