Three Strikes to Stop Illegal Vapes & Tobacco
In our communities, illegal vapes and tobacco are being sold causing:












A National Crisis
There’s a huge rise in youth vaping and smoking rates in Australia, a national epidemic that begins with state governments being soft-on-crime syndicates and groups selling illegal vapes and tobacco:
- Tobacco smoking among 14-17-year-olds has tripled, rising from 2.1% in 2018 to 6.7% in 2022.
- Early data from 2023 showed this number to skyrocket, with 12.8% of adolescents aged 14-17 reporting as current smokers.
- The rate of vaping among 14-17-year-olds soared from less than 1% in 2018, to 11.8% in 2022, reaching 14.5% in the early months of 2023.
- The overall population of Australians who are currently smoking or vaping has increased from 12.8% in 2018 to 16.5% in 2022.
- The dual use of e-cigarettes and tobacco has grown most among those under 35; among 14-17-year-olds, the incidence of those who are both smoking and vaping escalated from 0.3% in 2018 to 4.4% in 2022.
(Source: Cancer Council)
Vaping has become a gateway habit, leading to illegal tobacco use among young people.
The introduction of vapes initially appeared to be a less harmful alternative to smoking. It’s now contributing to a new generation becoming nicotine-dependent. And, because it’s cheaper, illegal tobacco has a strong appeal among younger Australians.
This trend weakens years of public health efforts to reduce smoking and signals a potential public health crisis if current trends continue. We need urgent, impactful regulations and enforcement efforts on those selling vapes and illegal tobacco to young Australians.
Potentially earning billions in profit, organised crime rings and gangs are behind the trade in illegal tobacco and vapes. They see the trade as a "low-risk and high-reward" business within your community.
Legitimate vendors are being pressured through violence to sell illegal vapes and tobacco products and partake in illegal distribution. Others who refuse to take part in the illegal trade are undercut by dodgy vendors selling cheaper, under-the-counter vapes and cigarettes.
The boom in organised crime and gang violence in Australia is closely linked to the profitable market for vaping products and illicit tobacco.
- Illegal tobacconists dealing in black market cigarettes and vapes can earn up to $40,000 a week.
- In 2023 and in Victoria alone, 30 tobacco stores were targeted by arson attacks that police have linked with the illicit tobacco market in Australia.
- The Illicit Tobacco Taskforce, established in 2018-19, has seized over 1.5 billion cigarettes, underscoring the scale of this illegal operation.
The involvement of organised crime groups in the illegal vape and tobacco market is not only a law enforcement problem but a significant public safety issue. As the market for unregulated and untaxed illegal products grows, violent and criminal activities will continue to grow alongside it, resulting in turf wars and the growth in related crimes, including drugs, violence, illegal firearms and even human trafficking.
Australians are losing billions of tax dollars to the illegal vape and tobacco trade. Since the introduction of the Illicit Tobacco Taskforce in 2018-19, there has been a notable effort to clamp down on the nationwide issue, with more than 1.5 billion cigarettes confiscated. However, the scale of the problem is huge:
- Illicit products comprised 20.4% of Australia's tobacco consumption in 2019.
- The illegal market has led to a staggering $3.8 billion in lost tax revenue for 2019 alone, with total revenue losses to the industry and government estimated at $4.9 billion.
- In 2023-24, the ATO conducted 75 seizures of illicit tobacco, a stark increase from just 8 seizures in the 2018-19 period.
The illegal tobacco market not only steals crucial tax funds from the Australian people but also undermines public health efforts by providing cheaper, unregulated tobacco products.
The lost tax revenue could be allocated towards public services, like health initiatives, education and efforts to address the cost-of-living crisis.
Any money spent by the government to attack illicit tobacco sales at the point of sale could have at least a ten-fold return in tax dollars for the Australian community.
Despite years of progress, smoking is returning as a major public health issue in Australia, with clear signs that we are losing the battle against vapes and illegal tobacco.
- Almost 20,500 deaths annually can be attributed to smoking, accounting for 13% of all deaths.
- Smoking contributed to 8.6% of the total disease burden in Australia in 2018.
- In 2023, an operation by the Australian Border Force (ABF) and the Therapeutic Goods Administration (TGA) uncovered over 35 tonnes of vaping products suspected to contain nicotine in just one month.
The intersection of vaping and illicit tobacco sales is contributing to a serious rebound in smoking rates among Australians, highlighting a massive challenge ahead of public health policy and enforcement.
With the importation and sale of vaping products now illegal, the black-market black market for nicotine products.
These facts point to a concerning trend: while vaping was initially marketed as a less harmful alternative to smoking, it’s acting as a gateway to traditional smoking for a significant number of Australians. The rising rates of both vaping and smoking, particularly among younger people, highlights the need for an approach that addresses both the supply of illegal nicotine products and the demand among the population, especially the youth.
The Solution
State governments claim to be fighting this important fight, and the Federal Government is spending almost $200 million to stop illegal vapes and tobacco at our border. It is not enough.
State and federal law enforcement make occasional raids on distribution centres and a few small tobacconists here and there.
Yet the sale of illegal tobacco continues, every hour, of every day, RIGHT UNDER OUR NOSES.
We know where the vast bulk of illegal vapes and tobacco are being sold: at dodgy tobacconists and convenience stores on our community high streets and in our shopping centres.
It’s not a mystery. It’s happening in plain sight.
That’s why we need to STRIKE OUT ILLEGAL TOBACCO.

3 Strikes

Other Enforcement Measures Required
Increase the Fine
Fines increased to $50,000 per offence of selling illegal tobacco, vapes, tea bags or other nicotine products (illegal nicotine products).
Mobile Offense
Where a car is used by a person to sell illegal nicotine products, the vehicle is immediately confiscated.
Farming and Warehousing Nicotine Products
Where any property is used in the growing or storage of illegal nicotine products, that property be confiscated on detection.
Commercial Tenancy Changes
To enable a Landlord to comply with the above Notices, the Commercial Tenancy ACT be changed to enable the immediate termination of a lease without compensation, upon the landlord becoming aware the tenant is selling, storing or growing illegal nicotine products on their land.