ACT Strict Liability and Entry Powers for Prohibited Smoking Product Enforcement

Tobacco and Other Smoking Products Amendment Bill 2025

15 Dec 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

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Topics

consumer protection police powers privacy rights public health search and seizure smoking products

Introduced by: The Hon Rachel Stephen-Smith MLA (ALP) — Minister for Finance, Minister for Health, Minister for Mental Health, Minister for the Public Service

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Selling prohibited smoking products is now a strict liability offence.
Authorised officers must show their ID; they must state the reason for their action and inform people of their rights before demanding names or entering premises.
Authorised officers can enter public areas; they can enter other premises if they suspect an offence or there is an urgent risk to public health.
Authorised officers cannot enter residential areas without a warrant.
Magistrates can issue warrants if they suspect evidence of an offence is at a premises.
People must follow directions to provide documents, answer questions, or give help during an inspection; failure to comply carries a penalty of up to 50 penalty units (2026: $8,000).
People must produce evidence if an officer suspects their information was false; failure to do so is a strict liability offence.
Authorised officers can seize items they believe are connected to an offence to prevent them from being lost or hidden.

The Debate

What different members said when this bill was debated:

Rachel Stephen-Smith ALP

“I move: That this bill be agreed to in principle. I rise today to present the Tobacco and Other Smoking Products Amendment Bill 2025.”

Official source →

Leanne Castley IND

“I will not be making a long contribution to this bill because, frankly, I do not believe it deserves it. Illicit tobacco is a crisis for the ACT, as it is for the rest of the country. It is a crisis that is fuelling the growth in bikie gangs and organised crime, and it is driving legitimate businesses out of business. It is a crisis that demands action. This is not just my opinion.”

Official source →

Shane Rattenbury GRN

“I rise to speak briefly about the Greens’ support for the Tobacco and Other Smoking Products Amendment Bill 2025.”

Official source →

Mark Parton LIB

“I have spoken in this place previously about the scourge that is the illegal tobacco industry. As I have said before, here and publicly, the whole space is a mess. It is a mess not necessarily because of things that have gone on in this chamber but things that have gone on in that chamber way up on the hill.”

Official source →