Understanding Australia’s Laws on Buying Tobacco Products Online
Australian tobacco laws place strict controls on how tobacco products can be sold, advertised and displayed, including online.
Consumers searching online for cigarettes or other tobacco products should be aware that an online seller must comply with applicable Commonwealth, state and territory laws. The legality of an online transaction can depend on factors including the retailer, the products being offered, the purchaser’s location and the laws applying in that jurisdiction.
Are Online Tobacco Sales Illegal in Australia?
It is not accurate to say that every online tobacco sale is automatically illegal throughout Australia.
The Public Health (Tobacco and Other Products) Act 2023 and associated regulations establish strict requirements relating to tobacco advertising and online points of sale. Online tobacco retailers must also comply with applicable state or territory legislation.
Federal requirements for permitted online tobacco advertising include restrictions on the information that can be displayed and requirements relating to age verification and jurisdictions where internet purchases are prohibited.
Tobacco Advertising Is Strictly Controlled
Australian law generally prohibits tobacco advertising that directly or indirectly promotes smoking or tobacco products.
These restrictions extend to online communications. This means tobacco websites cannot be treated in the same way as ordinary online retail websites.
The Commonwealth regulations place detailed restrictions on online tobacco advertisements, including limitations on product information and promotional content. Certain promotional expressions, product images and material intended to entice consumers to purchase tobacco products are prohibited.
Age Restrictions Apply
Tobacco products cannot legally be supplied to children.
Online retailers must comply with applicable age restrictions and, where required by Commonwealth online point-of-sale rules, maintain an age-verification system restricting access to adults aged 18 or over.
Illicit Tobacco Is Different
Consumers should also distinguish between legally supplied tobacco products and illicit tobacco.
In NSW, selling illicit tobacco is illegal and significant penalties apply. Tobacco retailers and wholesalers operating in NSW are also subject to the NSW tobacco licensing scheme.
Consumers should therefore exercise caution when encountering websites offering tobacco products that may not comply with Australian requirements.
Why Australian Tobacco Laws Matter
Australia’s tobacco legislation is designed to restrict tobacco promotion, reduce exposure to tobacco advertising and regulate the way tobacco products are supplied.
Online tobacco retailing is consequently subject to significantly different restrictions from ordinary e-commerce.
Consumers seeking information about tobacco products and online purchasing should rely on current Australian Government and relevant state or territory information before making a purchase.
Important: This article provides general information about Australian tobacco regulation and does not constitute legal advice. Tobacco laws and regulatory requirements may change.