Tobacco and nicotine age limits in Western Australia (2026)

Last reviewed: 13 October 2026

In short: In Western Australia tobacco products may not be sold or supplied to anyone under 18. Smoking and vaping are banned in enclosed public places, and smoking is banned in a vehicle on a road with a person under 17. Nicotine pouches may not be sold from 24 July 2026.

RuleWhat applies
Minimum age to buy tobaccoTobacco and nicotine products18 years [1]
Minimum age to buy e-cigarettesTobacco and nicotine products⚠ Not yet verified
Nicotine pouchesTobacco and nicotine productsSale banned [2]
Smoking ban in indoor public placesTobacco and nicotine productsYes [3]
Smoking ban on public transportTobacco and nicotine products⚠ Not yet verified
E-cigarettes in indoor public placesTobacco and nicotine productsYes. In the Act 'smoke' includes using a vaping device that generates or releases aerosol or vapour, so the ban on smoking in enclosed public places covers vaping. [1]
Smoking in cars with childrenTobacco and nicotine productsSmoking is banned in or on a vehicle on a road if another person in or on the vehicle is under 17. 'Smoke' includes using a vaping device. [1]
Flavoured tobacco and e-cigarettesTobacco and nicotine productsYes. Commonwealth law, which applies in Western Australia, bans tobacco products that contain flavouring additives, menthol or menthol derivatives, fruit, spices, sugars or sweeteners, synthetic cooling agents, or a device such as a card, capsule or bead that alters flavour. [4]

Notes

  • The Tobacco and Other Products Control Act 2006 section 6 covers tobacco products and tobacco smoking implements; section 7 bans buying them on behalf of a person under 18.
  • Sale of vaping products in Western Australia is controlled by section 30A of the Act (prohibited products, with exceptions for therapeutic vaping products supplied under the Medicines and Poisons Act 2014). No separate age limit for vapes was identified in the text read.
  • The TGA states that from 24 July 2026 there is no lawful pathway to buy or import nicotine pouches in Australia, and that retail sale, including online, is illegal. This is Commonwealth law and applies in this jurisdiction; state or territory law may add further controls, which were not checked. The page was read as an Internet Archive snapshot of 17 July 2026 because the live page could not be reached.
  • The rule is in regulation 10 of the Tobacco and Other Products Control Regulations 2006; an enclosed public place is a public place covered by a roof where solid walls are more than 50% of the notional wall area. Exceptions exist (for example performers, and places set out in the Regulations). Further outdoor restrictions apply (section 107A to 107C of the Act).
  • The Act defines a public place as a place or vehicle open to the public, but the rule depends on the enclosed public place test, and no provision naming public transport vehicles was identified in the text read, so no value is given.
  • The Regulations use the Act's term 'smoke'; the Act defines it to include a vaping device generating or releasing aerosol or vapour.
  • Section 107D of the Tobacco and Other Products Control Act 2006; the penalty is a fine of $2,500. 'Child' means a person under 17.
  • The ban is Commonwealth law and applies Australia-wide to tobacco products.

Sources

  1. Government of Western Australia (State Law Publisher): Tobacco and Other Products Control Act 2006 (Official Version as at 14 May 2026) (consulted 13 October 2026) · all sources
  2. Therapeutic Goods Administration (TGA): Nicotine pouches (Internet Archive snapshot of 17 July 2026) (consulted 13 October 2026) · all sources
  3. Government of Western Australia (State Law Publisher): Tobacco and Other Products Control Regulations 2006 (Official Version as at 1 July 2026) (consulted 13 October 2026) · all sources
  4. Federal Register of Legislation (Commonwealth): Public Health (Tobacco and Other Products) Regulations 2024 (compilation 2, 21 March 2026) (consulted 15 October 2026) · all sources

National rules that also apply

These rules are set at national level in Australia and apply here too, alongside the rules above. All national rules for Australia

Minimum age to buy e-cigarettes18 years (source: Therapeutic Goods Administration (TGA))
Nicotine pouchesSale banned (source: Therapeutic Goods Administration (TGA))

More rules in Western Australia

  • E-scootersUse on public roads: Yes, paths and roads up to 50 km/h · Minimum age: 16
  • CannabisPossession for personal use: Offence; 10 g or less may get an intervention notice · Growing at home: Banned
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 110 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, Containers for Change · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (provisional licence) · Earliest age to drive a car supervised: 16, with a supervisor
  • Driving after drugsApproach to cannabis (THC): Specified drug in system is an offence · THC threshold: Any cannabis detected
  • E-bikes and speed pedelecsLegal class: Bicycle rules, 16+ · Minimum age: 16
  • FireworksConsumers may buy and use category F2 fireworks: No (unrestricted only)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, while a visitor · Overseas licence after becoming a resident: Citizen or permanent resident: transfer within 3 months
  • Home educationNature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Offence without lawful excuse · Locking or one-handed knives: Flick and butterfly knives prohibited
  • MopedsMinimum age to ride: From 15 years 6 months · Licence: Class R-N or other WA licence
  • Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
  • Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Mounted or not touched
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • Smoke alarms in homesSmoke alarm legally required in homes: Yes, on rent or hire
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18

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General information, not legal advice. Rules change: check the official source before you fly or ride.