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Legislation & regulationLegislation & regulation
Regulation is acknowledged as a key tobacco control strategy. As the Australian National Tobacco Strategy [PDF 310 kb] notes, although "[g]overnments cannot solve the problem of addiction, … they can regulate the manufacture, supply, marketing, price, characteristics and use of tobacco products so as to remove barriers to smokers quitting, to protect young people and non-smokers and to ensure that costs are borne by those responsible."
The Australian National Tobacco Strategy
The Australian National Tobacco Strategy identifies six main areas of regulation in tobacco control:
Regulation of the tobacco industry and tobacco use in Australia occurs through a combination of Commonwealth, State and Territory measures. For more information about how each of the above policy areas is regulated by Commonwealth and Victorian law, click on the links. Information on tobacco control policy and regulation in other States and Territories is available from the websites listed [in the panel to the left of this page].
Framework Convention on Tobacco Control
The above areas of regulation are also reflected in the World Health Organization's Framework Convention on Tobacco Control, or FCTC. The FCTC is an international tobacco control treaty, which Australia ratified on 27 October 2004, and which came into force on 27 February 2005.
Read more about the FCTC and its significance for tobacco control in Australia and globally.
International trade agreements and tobacco control
The VCTC Law & Regulation Program also conducts research into the implications of international trade agreements for domestic policy and regulation in the area of tobacco control.
Read more about international trade agreements and tobacco control.
Regulation of promotion
Tobacco advertising, promotion and sponsorship are restricted under Commonwealth and State legislation in Victoria.
Regulation of place of sale
Retail and wholesale outlets that sell tobacco products in Victoria, must comply with a number of obligations and restrictions set out in the Victorian legislation.
Regulation of tobacco tax
Tobacco in Australia is taxed by the Commonwealth Government, through federal excise duty, customs duty and the goods and services tax (GST).
Regulation of place of use
The Tobacco Act 1987 (Vic) and the Transport Act 1983 (Vic) impose restrictions on where people are permitted to smoke in Victoria. As of 1 March 2006, section 5A of the Tobacco Act 1987 (Vic) prohibits smoking in enclosed workplaces, with some exceptions.
Regulation of packaging
Cigarette packs manufactured or imported after 1 March 2006 are to be labelled with graphic health warnings.
Regulation of products
Each year Philip Morris Limited, British American Tobacco Australia Limited and Imperial Tobacco Australia Limited make limited disclosure to the Commonwealth Department of Health and Ageing about cigarette ingredients. The manufacture and sale of tobacco products that are not smoked such as snuff, are banned under Australian and Victorian legislation.
Framework Convention on Tobacco Control
The World Health Organization’s Framework Convention on Tobacco Control (FCTC) which came into force on 27 February 2005 is a legally binding international treaty, and the world's first public health treaty. Australia ratified the FCTC on 27 October 2004.
International trade agreements
International trade liberalization has been found to affect both tobacco consumption levels, and the capacity of governments to adopt measures to control the tobacco companies.
