This bill became law on Dec 14th, 2023.
Health, care & disability
Australia replaces the old federal tobacco advertising and plain packagingThe rule that tobacco packs must look plain and not use branding to make products seem attractive. The page treats it as one of the older laws being folded into the new regime. laws with the new single tobacco law by repealing the Tobacco Advertising Prohibition Act 1992The old federal law that banned tobacco advertising. This bill removes or updates parts of it so the new tobacco rules can work as one system..
Australia’s tobacco laws were split across multiple old acts and had gaps for e-cigarette advertising, new products, and the shift to a new single tobacco regime. This bill repeals and updates old laws, aligns e-cigarette ad rules, and sets transition periods and reporting rules so the new system can start smoothly.
Australia already had strong tobacco controls such as plain packagingThe rule that tobacco packs must look plain and not use branding to make products seem attractive. The page treats it as one of the older laws being folded into the new regime., but by 2023 the federal rules were spread across eight laws and did not neatly cover newer products and e-cigarette advertising, while smoking still remained a leading cause of preventable death and disability. The government responded by introducing a companion bill to fold old tobacco statutes into one new regime, align broadcasting and datacastingA broadcasting-like service covered by media advertising rules. The page says e-cigarette ads are now treated the same as tobacco ads in these rules. advertising rules, and manage a staged changeover, with Parliament passing it in December 2023 and Royal AssentThe formal step that turns a passed bill into an Act. The page says this happened soon after Parliament passed the bill. following soon after.
The main criticism was that the bill tidied up the legal transition but did not do enough to stop illegal tobacco, black-market sales and vaping loopholes, so critics warned the problem would simply shift rather than be solved. That concern came mainly from Coalition and Nationals speakers, with some crossbench supporters also saying the bill needed stronger enforcement and wider vaping controls even while backing its overall direction.
Hon Mark Butler MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 14 Dec 2023
Final passage
Passed without a counted vote
3 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
92 days
From introduction to the latest recorded parliamentary step
Meaning
Australia replaces the old federal tobacco advertising and plain packagingThe rule that tobacco packs must look plain and not use branding to make products seem attractive. The page treats it as one of the older laws being folded into the new regime. laws with the new single tobacco law by repealing the Tobacco Advertising Prohibition Act 1992The old federal law that banned tobacco advertising. This bill removes or updates parts of it so the new tobacco rules can work as one system..
Broadcasting and datacastingA broadcasting-like service covered by media advertising rules. The page says e-cigarette ads are now treated the same as tobacco ads in these rules. rules now treat e-cigarette ads the same as tobacco ads under the new federal tobacco law.
Tobacco companies get 12 months to shift to the new packaging and product rules, and retailers get another 3 months to sell old stock already supplied to them.
Tobacco businesses must start giving yearly reports on ingredients, sales volumes and promotional spending from the 2024-2025 financial year onward.
The Health Minister can make extra transition rules to help the changeover, but cannot use those rules to create offences, impose taxes or directly rewrite the law.
Repeal the Act.Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023 final Act text
Omit “Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement”.Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023 final Act text
main transition period means the period of 12 months beginning on the commencement day.Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023 final Act text
(a) the 2024‑2025 financial year; andPublic Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023 final Act text
(1) The Minister may, by legislative instrument, make rules prescribing matters:Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023 final Act text
Context
Australia already had strong tobacco controls such as plain packagingThe rule that tobacco packs must look plain and not use branding to make products seem attractive. The page treats it as one of the older laws being folded into the new regime., but by 2023 the federal rules were spread across eight laws and did not neatly cover newer products and e-cigarette advertising, while smoking still remained a leading cause of preventable death and disability. The government responded by introducing a companion bill to fold old tobacco statutes into one new regime, align broadcasting and datacastingA broadcasting-like service covered by media advertising rules. The page says e-cigarette ads are now treated the same as tobacco ads in these rules. advertising rules, and manage a staged changeover, with Parliament passing it in December 2023 and Royal AssentThe formal step that turns a passed bill into an Act. The page says this happened soon after Parliament passed the bill. following soon after.
Government says tobacco laws are scattered across eight federal regimes
The explanatory material said Commonwealth tobacco regulation had become spread across eight Acts, instruments and court decisions, creating a case for one modern law.
Australian Parliament House ↗Government introduces the consequential bill for the new tobacco regime
The minister introduced the bill as the companion measure needed to update old legal references and make the consolidated tobacco law work in practice.
Hansard ↗Parliament debates modernising rules for smoking and e-cigarettes
Speakers said smoking still causes major illness and death while the law needed to catch up with modern tobacco products and e-cigarette advertising.
Hansard ↗House passes the bill
The bill cleared the House, sending the transition and consequential changes to the Senate alongside the main tobacco reform package.
Parliamentary timeline ↗Parliament passes the bill
Both houses agreed to the bill in the same form, completing the legislative package needed to shift from older tobacco laws to the single new scheme.
Parliamentary timeline ↗Royal AssentThe formal step that turns a passed bill into an Act. The page says this happened soon after Parliament passed the bill. makes the transition law official
Royal AssentThe formal step that turns a passed bill into an Act. The page says this happened soon after Parliament passed the bill. turned the bill into an Act so the repeal, advertising alignment, reporting rules and phased sell-through arrangements could take effect under the new framework.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (14/09/2023): Senate Community Affairs Legislation Committee; Committee report (22/11/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act. The page says this happened soon after Parliament passed the bill., turning the bill into an Act.
Key criticism
The main criticism was that the bill tidied up the legal transition but did not do enough to stop illegal tobacco, black-market sales and vaping loopholes, so critics warned the problem would simply shift rather than be solved. That concern came mainly from Coalition and Nationals speakers, with some crossbench supporters also saying the bill needed stronger enforcement and wider vaping controls even while backing its overall direction.
Criticism was real but mostly conditional, not broad opposition to the bill’s public health goal.
Does not tackle illegal tobacco strongly enough
Critics argued the bill focuses on transitional legal changes and advertising rules without matching action against illegal tobacco and black-market sales. They warned that tighter rules on paper could be undermined if enforcement and penalties do not keep pace with the illicit trade.
Too limited on vaping loopholes and practical safeguards
Some supporters said the bill was welcome but incomplete because it did not fully close loopholes around vape advertising, online sales and related influence, and would only matter if enforcement was strong. The criticism was less about the bill’s health objective than about whether its drafting and follow-through were wide enough to change behaviour in practice.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 28 to 30. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.
The Senate rejected the amendment, so the bill proceeded without that extra call for stronger action against illicit tobaccoTobacco sold outside the legal system, often as black-market product. Critics on the page say the bill does not do enough to stop it. and vaping black markets.
Passed 32 to 24. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, and UAP. Minor-party and independent votes were split.
The Senate agreed to the amendment, so the bill’s second-reading statement included a formal call to curb tobacco industry access and political influence.
Defeated 3 to 38. Support came from One Nation and UAP. Opposition came from Labor, Greens, Liberal Party, Jacqui Lambie Network, and minor parties and independents. Nationals had split recorded votes.
The Senate rejected the package, so the bill did not gain Canavan’s proposed regulated vaping framework.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Butler supports the bill because it makes the transition to the new tobacco control regime workable and updates related laws.
Read in Hansard ↗Tyrrell opposes the bill because she says the government is relying on bans and tighter restrictions instead of a sensible harm-reduction approach, and argues that making legal vaping harder to access will push people back toward cigarettes and the black market.
Read in Hansard ↗Whish-Wilson supports the bill and uses the second reading stage to push for stronger environmental rules on tobacco packaging, especially banning single-use plastic film and tear strips and requiring recycled, recyclable cardboard.
Read in Hansard ↗Pocock supports the bill and says it modernises tobacco control by preserving plain-packaging rules and tightening warnings, additives and advertising restrictions.
Read in Hansard ↗All speeches by bloc
13 speakers · 13 support
“I rise to support the Public Health (Tobacco and other Products) Bill 2023. This bill consolidates the existing Commonwealth tobacco control framework into one act with associated regulations, thereby streamlining the operation of the laws. It modernises and simplifies existing provisions and introduces some new measures to discourage smoking. It addresses the health risks posed by vaping and e-cigarette products.”Read the full speech in Hansard ↗
“The Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023 deals with the consequential and transitional matters arising from the enactment of the bill. Among other things, it provides application, saving and transitional provisions to allow a smooth transition to the new requirements, including a main transitional period of 12 months to allow manufacturers ample time to bring products in line with the new requirements, along with a retailer transition sell-through period of a further three months.”Read the full speech in Hansard ↗
“In conclusion, I acknowledge there are many pieces of legislation governing tobacco control within Australia, which has created ambiguity regarding compliance, duplication of reporting, and enforcement. It is time to consolidate existing legislation to reduce red tape and the possible duplication of portfolio responsibility for policy and enforcement. I am supportive of the government's efforts to modernise, simplify and consolidate tobacco control.”Read the full speech in Hansard ↗
“This bill brings together tobacco measures along with 11 new measures into a single streamlined and effective act of parliament, which will re-ignite the fight against tobacco and nicotine addiction.”Read the full speech in Hansard ↗
“Really, this is about the future of our children. It's about the future of the health of our people in Australia, so I commend this bill to the House.”Read the full speech in Hansard ↗
“In conclusion, this Bill supports the main Bill in modernising, simplifying and consolidating our efforts in tobacco control.”Read the full speech in Hansard ↗
“The substantive ability to prescribe such requirements are included in the bill, while the requirements themselves will be contained in the regulations, which are subject to disallowance. This supports an approach that is adaptive to an evolving public health issue, contemporary political advice and changes in technology and the market more generally.”Read the full speech in Hansard ↗
“I'm really pleased to support the Public Health (Tobacco and Other Products) Bill today. As the Minister for Health has stated, this bill builds on the pioneering tobacco control reforms introduced by past Labor governments, which include Australia's world-leading tobacco plain-packaging reforms.”Read the full speech in Hansard ↗
“The overarching objective is to reduce the prevalence of smoking by reducing uptake, with a particular focus on young people—on children. When it comes to smoking-related harm, prevention really is better than the cure. These reforms will help restore our edge in tobacco control with our children and adults—young and older, Indigenous and non-Indigenous—the beneficiaries. I commend this bill to the House.”Read the full speech in Hansard ↗
“Australia has been a world leader in tobacco regulation and reform before. Under the Albanese Labor government we will be world leaders again. I commend these bills to the Senate.”Read the full speech in Hansard ↗
“The main bill consolidated the existing Commonwealth tobacco control framework into one act with associated regulations, streamlining the operation of the laws. It modernises and simplifies the existing provisions and it introduces new measures to discourage smoking and prevent the promotion of vaping and e-cigarette products. The bill reflects the Australian government's ongoing commitment to improving the health of all Australians by reducing the prevalence of tobacco use, the leading cause of preventable death and disability among Australians, and its associated health, social and environmental costs and the inequality it causes.”Read the full speech in Hansard ↗
“I conclude by saying that the government is determined to do all we can to tackle the harms caused by smoking. We know that the tobacco industry continues to have deep pockets and very powerful friends. This government is up for the fight, because we fight on behalf of the most vulnerable and disadvantaged in our society, who bear the brunt of these tobacco company profits. We're going to bring the same spirit of courage, the same spirit of action, the same clarity of thought and, I hope, the same conviction that Nicola Roxon brought to plain-packaging reforms 12 years ago. We're going to reaffirm Australia's reputation as a world leader in tobacco control. I commend the bill.”Read the full speech in Hansard ↗
“In conclusion, this bill supports the main bill in modernising, simplifying and consolidating our efforts in tobacco control.”Read the full speech in Hansard ↗
6 speakers · 3 support · 1 oppose · 2 mixed
“These are all worthy initiatives, and the coalition supports these initiatives, but we seek to strengthen the penalties for those who participate in the illegal trade in tobacco products.”Read the full speech in Hansard ↗
“Vaping is a scourge on our youth, just like cigarettes are. Australia solved the latter through regulation, a method which we can repeat when it comes to vapes. Regulation will curtail the criminally run black market trade that is so rampant when it comes to vaping. It will also ease the burden on our health system, cutting down on the need for vaping users to clog up our general practice waiting rooms. From there, we can seek to fully address other health issues. I reiterate that the intent of this bill is right, but I caution the minister about unintended consequences and call on this parliament to have a serious discussion about a better way forward.”Read the full speech in Hansard ↗
“While the coalition supports the intent of this bill, it is essential to note that the Senate committee inquiry has commenced with a reporting date of 22 November. Any significant issues that arise from this report should be taken into consideration. The bills do not address the stronger regulation of e-cigarette availability, vapes and supply. They only seek to prohibit certain forms of e-cigarette advertisements and sponsorships.”Read the full speech in Hansard ↗
“This legislation will be supported by us, because it's better than not supporting it, and it's better to make the legal products safer.”Read the full speech in Hansard ↗
“While the coalition supports the intention of this bill, it is essential to mention that a Senate committee inquiry has commenced, with a reporting date of 22 November. Any significant issues arising from this report should be taken into consideration. We understand that there are concerns about the costs associated with these measures. However, it's important to note that the government has proposed that the costs be met through existing resources of the Department of Health and Aged Care. Other costs due to the legislated changes will be borne by the industry. I strongly note that the coalition will have more to say about this bill when it comes before the Senate. However, it is with deep disappointment that we express our concerns regarding a crucial aspect that this bill does not address: the rampant and growing issue of the illegal tobacco trade in our country.”Read the full speech in Hansard ↗
2 speakers · 2 support
“It is the same story for mandating the use of recycled and recyclable cardboard for the packaging of cigarettes and tobacco related products. Each year, Australia puts approximately 130,000 tonnes of plastic into the marine environment. Only we, in places like this, can do something about this. That is the conclusion that I've drawn after nearly 20 years working in this area—the last 11 years in this place and a decade prior to that cleaning beaches, working with NGOs on this issue. Governments have a critical role to play here. I know there are some people in this place who aren't big on regulation, but this issue is so pervasive and so difficult to tackle. We have the most important job: telling corporations what they can and can't produce based on the pollution and how we tackle that pollution. Just a reminder for senators: it is estimated that, by 2050, plastic in the ocean will outweigh the biomass of fish. Obviously this is not acceptable. I commend to the Senate the amendment that the Greens will move to the second reading of this legislation:”Read the full speech in Hansard ↗
“The Greens support this legislation, which is largely about consolidating, simplifying and clarifying the way in which federal legislation regulates tobacco.”Read the full speech in Hansard ↗
5 speakers · 3 support · 2 oppose
“To stop tobacco, the Labor Party is making it harder to access alternatives to tobacco. How? With bans. Is there a single example in history of banning a drug being successful in stopping people from using that drug? Cocaine is banned. Cannabis is banned. Ecstasy, speed, ketamine and crystal meth are banned. Bans don't work. We know this. But we keep trying to impose bans because we have ministers wanting to look tough to win votes. Ironically, looking tough is easy; actually reducing deaths from smoking is hard. We can't do that by doing more of what we're doing. We should support ways to reduce unnecessary harm from tobacco. Instead, we're banning them.”Read the full speech in Hansard ↗
“This bill doesn't just ensure a continuation of the plain-packaging rules, which would otherwise sunset next year; it also completely modernises our public health approach to tobacco. As we heard in the inquiry, this bill takes the best bits from every jurisdiction in the world and combines them into a single instrument aimed at making tobacco less appealing, less attractive and less addictive.”Read the full speech in Hansard ↗
“I'm supportive of this legislation, but I will put forward amendments with the intent of making this legislation even better and make a statement on what I know are the expectations of parents around the country. We need to delete a number of clauses from this legislation. The practical effect of this will be to further restrict physical advertising, online advertising and advertising on aeroplanes for vapes and online sale of vapes. The amendment in relation to the clause on political donations and electoral expenses will ensure that our political system is not influenced by donations from the vaping lobby.”Read the full speech in Hansard ↗
“This bill obviously goes even further: apparently a package insert and warnings on individual cigarettes. That's going to make all the difference! I'm sure that, once someone opens a packet, lights up a cigarette and puts it in their mouth, they're going to glance down and see 'smoking kills' written on that cigarette and immediately get the urge to quit smoking. That's what they're going to do—sure; no worries! I'm sorry to break it to you, guys: if a picture of mouth cancer or lung cancer on the front of a packet does not convince a smoker to quit, a little label on an individual cigarette will not convince them. The Australian people are not stupid. They can read. As adults—I'll keep saying it—they can make their own decisions.”Read the full speech in Hansard ↗
“Regulating the sale and advertisement of tobacco and e-cigarette products is an essential and overdue step. I commend the government for listening to the concerns of the community and introducing this legislation.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act. The page says this happened soon after Parliament passed the bill., turning the bill into an Act.
Senate Community Affairs Legislation Committee; Committee report (22/11/2023)
Referred to committee
Referred to Committee (14 Sept 2023): Senate Community Affairs Legislation Committee; Committee report (22 Nov 2023)
APH bill page notes
