Fines or Up to 5 Years Jail for Illegally Importing or Possessing Tobacco
Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill 2026
House of Representatives
Senate
Assent
Topics
border control criminal penalties customs illegal imports import laws law enforcement public safety smuggling tobacco trade
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
People can be fined or jailed for up to 5 years for carrying or possessing tobacco products that are suspected of being imported illegally.
People face up to 5 years in prison for importing tobacco products if they breach the conditions of their import permit.
People face up to 5 years in prison for importing tobacco products without a required permit.
Tobacco products seized for these offences are automatically forfeited to the Crown; owners cannot claim them back.
Cigarettes are presumed to be tobacco products unless the defendant proves otherwise.
Magistrates can order the production of property-tracking documents even if other legal proceedings have already started.
Goods seized at the same time and place are presumed to be tobacco products if a sample tests positive. This presumption does not apply if the defendant provides evidence to show the goods are not tobacco products.