Smoking product retailing

Smoking product sale, advertising, display and promotion

There are a range of laws in Queensland that must be followed when selling smoking products, these laws include but are not limited to:

  • smoking products must not be sold to children (under 18) and suppliers must provide training to their employees to ensure they also do not supply smoking products to children (see employee training)
  • smoking products must be kept out of sight of customers (including cigars in humidifiers and humidified rooms) - if smoking products are kept at or near the point of sale they must be concealed by an opaque covering of a colour and design that does not make it a feature as distinct from its surrounds (smoking products may be viewed only incidentally by the extent required to carry out a transaction)
  • only one point of sale is allowed at a retail outlet
  • smoking products cannot be sold from a temporary retail store e.g. a market stall or a vehicle
  • one mandatory sign must be displayed at the single point of sale
  • smoking products must only be kept at a retail outlet so that customers cannot access them - products can only be kept at or near the point of sale on the sellers side of the counter, above or below the counter, but not on a counter, in a room or other place not accessed by customers. Cigars can be kept in humidified rooms that can be accessed by customers only when accompanied by the supplier or employee
  • information about smoking products (advertising) can only be provided at a retail outlet or online shop in a way specifically provided for in the legislation, for example you can:
    • have one mandatory sign and one permitted sign (‘smoking products sold here’) that meet the requirements of the legislation at your point of sale
    • display uniform price tickets that meet the specified requirements
    • use one registered business name that includes a reference to smoking products, however a business name cannot contain anything about the price of smoking products (note is a supplied uses more than one registered business name that includes a reference to a smoking product and the business name was registered before 2 June 2023, the requirement to only use one business name does not apply unit the supplier renews the registration of more than one of the business names or the registration of the business names is cancelled or otherwise ends)
    • if you are a tobacconist, use the term ‘tobacconist’ in your business advertising or display
  • Special price tickets, price lists, selection aids, price boards, advertising of discounted smoking products, or any other words or signage relating to smoking or smoking products that is not specifically provided for in the legislation are banned. Note descriptors or colloquialisms for smoking products such as vapes, smokeless products or tobacco-free products is considered advertising or display under the legislation and are banned.
  • objects and entitlements and competitions promoting or associated with smoking products are banned
  • supplying smoking products for free or for a nominal fee if the supply promotes the sale of a smoking product is banned
  • images (fixed, moving or as part of a video) that promote consumption, use or are associated with a smoking product cannot be displayed at a retail outlet
  • cigarettes or herbal cigarettes, loose tobacco and loose smoking blend can only be sold in package and the package must meet the minimum quantity requirements
  • sale, supply or display of prohibited products is banned (see prohibited products)
  • copies of the invoices for the purchase of smoking product stock from a wholesaler for at least two years.
Additional new laws starting from 1 September 2024

There are new requirements for selling smoking products in Queensland that start from 1 September 2024, these include:

  • anyone selling smoking products must have a licence, a licence is needed for each retail or wholesale outlet where smoking products are sold
  • displaying an approved copy of the licence where sell smoking products are sold so that it can be easily read by customers at all times a business is open (this includes on a website for an online shop)
  • employees who are under 18 cannot sell or handle smoking products as part of their job (businesses with less than 20 employees, you have until 1 September 2025 to meet this requirement)
  • additional requirements for employee training (see employee training).

What is a smoking product

Smoking products can include tobacco products, herbal cigarettes, loose smoking blend, shisha, personal vaporisers (such as electronic or e-cigarettes, e-cigars, vape pens) personal vaporiser related products, smoking related products or a package or carton of any of these things.

Smoking related products include

  • a cigarette paper (whether or not the paper is pre-rolled)
  • another product sold to enclose loose tobacco or a loose smoking blend
  • flavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend
  • a machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend
  • a cigarette filter
  • a cigarette tip
  • a machine for rolling a cigarette or herbal cigarette
  • a mouthpiece used to hold a cigar, cigarette or herbal cigarette
  • a cigar cutter
  • a pipe used for smoking loose tobacco or a loose smoking blend and a filter, grate or screen for a pipe.

Tobacco product vending machines

From 1 September 2024 liquor licensed premises can only supply tobacco products from one service counter. A tobacco product vending machine can be on site, however, must be located in an area of liquor licensed premises that can only be accessed by staff. A liquor licensee will also need to hold a retail licence (liquor).

Until September 2024 tobacco product vending machines can only be at liquor licensed premises in:

  • bar areas (within 5 metres of the bar and use of the machine is able to be easily observed by staff behind the bar); or
  • gaming machine areas (within 1 metre of a gaming machine and able to be easily observed by staff); or
  • casinos.

In addition to where a tobacco product vending machine can be located, there are a range of laws in Queensland that must be followed when selling smoking products from a tobacco product vending machines, these laws include:

  • a tobacco product vending machine may only display price tickets or another indicator of price (such as an electronic display) in accordance with the requirements of the Tobacco and Other Smoking Products Regulation 2011 (see price tickets)
  • the display and advertising of a smoking product in or on the tobacco product vending machine is banned
  • a mandatory sign must be displayed on the front of the vending machine or near the machine and must be easily visible to a person purchasing a tobacco product (see mandatory sign)
  • a business name cannot contain anything about the price of smoking products
  • tobacco products must not be obtained by children (under 18) and the licensee must provide training to employees (see employee training)
  • objects and entitlements and competitions promoting or associated with smoking products are banned
  • supplying smoking products for free or for a nominal fee if the supply promotes the sale of a smoking product is banned
  • personal vaporisers (e-cigarettes), personal vaporiser (e-cigarette) related products, herbal cigarettes or a loose smoking blend cannot be supplied through a vending machine
  • copies of invoices for the purchase of smoking product stock from a wholesaler must also be kept for at least two years.

New requirements for selling smoking products in Queensland that start from 1 September 2024 including holding a valid licence and displaying a copy of the licence and not allowing employees who are under 18 to sell or handle smoking products as part of their job also apply to the sale of smoking products via a tobacco product vending machine.

Mandatory sign

You can order a free copy of the mandatory sign by calling 13 QGOV (13 74 68).

It is an offence to supply a smoking product to a person under 18 years penalties apply proof of age may be required Quitline 137484 poster

Check that your sign is up to date, all suppliers are required to display a new version of the mandatory sign which came into effect on 1 September 2021 from 1 September 2023.

Price tickets

The Tobacco and Other Smoking Products Regulation, sets out requirements for price tickets at relevant points of sale and tobacco product vending machines, including size, form, colour the information that can be included and location of price tickets.

For further information about the specific requirements for price tickets in Queensland, see the Laws for retailing smoking products: requirements for retailers information booklet (PDF 491 kB).

Prohibited products

A person must not:

  • supply illicit tobacco
  • store or possess illicit tobacco at retail premises
  • sell nicotine vaping products (unless on prescription and dispensed by a pharmacy)
  • sell, supply as part of business activity, or display ice pipes and bongs (including the components of ice pipes or bongs) in a shop or near and in connection with a shop
  • display more than three hookahs in a shop - display means a complete hookah, part of a hookah, packaging for a hookah or an image of a hookah or its parts
  • supply a smokeless tobacco product to another person, without lawful authority or excuse
  • supply as part of a business activity, an object, other than a tobacco product that resembles a tobacco product
  • sell a cigarette that is confectionary-flavoured or fruit-flavoured. This does not include menthol-flavoured cigarettes.

Illicit tobacco is a smoking product that does not comply with plain packaging or health warning requirements under the Tobacco Plain Packaging Act 2011 and other requirements prescribed by State regulation.

Employee training

A supplier must train their employees about the sale of smoking products to children, either over-the-counter or from accessing a tobacco product vending machine. This training is required by law.

The Employee Training Acknowledgement form is used to show written evidence of this training. This form can also be requested by calling 13 QGOV (13 74 68).

Over-the-counter sales

A supplier must train their employees about not selling smoking products to children.

This employee training must

  • instruct employees not to sell smoking products to children in any circumstances, even if the supply is for, or claimed to be for an adult and to sight acceptable evidence of age for a person before selling a smoking product to them, unless staff are satisfied the person is an adult
  • warn staff that if they sell smoking products to children in disregard of these instructions, they may face a fine; and
  • get written acknowledgement from each employee that they have received the instructions and warning.

From 1 September 2024 suppliers will also need to instruct employees to only supply smoking products as authorised under their licence and if the employee is under 18—not to supply smoking products. Businesses with less than 20 employees, you have until 1 September 2025 to meet the new training requirement for child employees.

Tobacco product vending machine sales

The licensee must train their employees about preventing child access to the machine.

This employee training must

  • instruct employees to take reasonable steps to ensure that a child does not obtain a tobacco product from the machine, even if the product is for, or claimed to be for, an adult and to sight acceptable evidence of age for a person before selling a smoking product to them, unless staff are satisfied the person is an adult; and
  • obtain written acknowledgement from each employee that they have received the instructions and warning.

You should seek independent legal advice to ensure you meet all the legislative requirements that may apply to your business.
Australian Government laws, about tobacco advertising and tobacco packaging may also apply to your business. This information is not outlined in this factsheet but is available at Smoking and Tobacco in Australia.

Forms and templates

Download and print:

  • smoking management plan template
  • sample smoking management plan
  • requirements for retailers guide
  • retailer factsheet (multiple languages available)
  • employee information and training acknowledgement form.

Call 13 QGOV (13 74 68)

  • for more information about requirements for retailers
  • to order copies of the mandatory sign

Smoking laws:

Last updated: 28 November 2023