In a significant step to improve public health and reduce the availability of harmful products, the Queensland Government has enacted wide-ranging changes to tobacco and vaping laws through the Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2025.
Accordingly, these new Queensland tobacco and vaping laws now target the supply, possession, and promotion of illicit tobacco, vaping products, and nicotine pouches, strengthening enforcement and increasing penalties for non-compliance.
Why These Changes Were Introduced
Despite existing laws, the illegal sale and use of tobacco and vaping products remained widespread due to high profit margins for retailers. The rising popularity of nicotine pouches—particularly among young people—also raised health concerns. Promoted as discreet, smokeless alternatives, these products have been found to contain carcinogens and substances harmful to cardiovascular and mental health.
Consequently, Queensland has introduced a stronger enforcement framework and clearer definitions of prohibited products, with the intent to reduce these risks and close regulatory gaps.
Key Changes in the Legislation
Nicotine Pouches Now Classified as Illicit Products
Nicotine pouches—also known as lip pillows, upper decky, or zyn—are now formally classified as illicit nicotine products.
This means it is strictly prohibited to sell, supply, or possess these products in any commercial context. The classification also includes products marketed as nicotine-free or “nicotine-like,” helping authorities take action without requiring extensive testing.
Significantly Increased Penalties and Infringement Notices
To deter unlawful conduct, penalties have sharply increased. Consequently, penalty Infringement Notices (PINs) can now be issued as an alternative to formal prosecution.
- Individuals involved in supplying or possessing illicit products in a business context may face fines up to 200 penalty units
- Corporations may face penalties of up to 1000 penalty units
- Advertising or displaying illicit nicotine products attracts fines of 10 penalty units for individuals and 50 for corporations
- Businesses found non-compliant may face closure orders and prosecution
These penalties aim to eliminate the financial incentive for illegal supply and reinforce the seriousness of these offences.
Expanded Smoke-Free Zones
Queensland’s smoke-free areas have had several updates:
- Outdoor Eating and Drinking Areas: A 5-metre smoke-free buffer zone applies around the perimeter;
- Outdoor Markets: Smoking is banned throughout the area and within a 5-metre zone at all entry and exit points;
- School Carparks: All carparks associated with schools are now fully smoke-free; and
- Liquor-Licensed Venues: From 1 July 2024, children are prohibited from designated smoking areas at pubs and clubs.
Note: 41 George Street, Brisbane, previously a smoke-free government precinct, is no longer on the smoke-free list as it is not occupied by government offices.
Enforcement and Compliance
Enforcement is now streamlined under a unified legal framework. As a result, Queensland Health officers and authorised police have clearly defined roles and can carry out inspections under a single set of laws, which improves efficiency and consistency.
Public Health Focus
These changes aim to reduce public exposure to harmful nicotine products—particularly among young people. Health concerns linked to nicotine pouches include:
- Increased nicotine dependence
- Cardiovascular risks
- Mental health issues
By restricting access to these products, the Queensland Government hopes to subsequently support better health outcomes across the state.
What Businesses Should Do Now
Due to these changes, retailers and other businesses must:
- Review stock and promotional materials
- Ensure complete compliance with new definitions and restrictions
- Remove any illicit tobacco, nicotine pouches, or unapproved vaping products from sale
- Avoid advertising or displaying any prohibited items
Non-compliance can lead to on-the-spot fines, closure orders, or legal proceedings.
Resources and Further Information
For more detail:
- Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Act 2024 – Full Text (QLD Government)
- Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2025 – Regulation Document
- Explanatory Notes for 2025 Regulation
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