Western Australia is grappling with the severe consequences of delayed action against the illicit vape trade, as authorities scramble to catch up with a booming black market that continues to target young people. Despite seizing hundreds of thousands of devices, the state remains the slowest in the nation to implement tough new legislation that would grant police and health officials immediate closure powers for offending retailers.
A Crisis Years in the Making
Warnings about the targeting of children through flavoured, colourful vapes were issued three years ago. At the time, critics pointed out that big tobacco was exploiting a legal loophole for therapeutic nicotine to hook a new generation. Retailers, both online and in physical stores, largely ignored the fine print requiring prescriptions and age restrictions, with regulators initially doing little to stop them.
The WA Government's 2023 crackdown was widely seen as insufficient, focusing on threats to ban students from school balls rather than using existing laws to shut down illegal sellers. During a five-week blitz that year, almost 300 students were suspended, but the Education Department could not confirm how many faced a formal ball ban.
Enforcement has been weak. In a stark example from February 2024, retailers caught selling vapes—which can contain as much nicotine as a pack of 20 cigarettes—walked out of court with a mere $4000 fine.
Promises vs. Reality in the Black Market Battle
In September 2024, then-Health Minister Amber-Jade Sanderson promised the nation's toughest regulations, aiming to restrict vape access to pharmacies with a prescription. However, the illicit market quickly filled the void. WA has been the slowest state to respond to this shift, despite widespread evidence of easy under-the-counter and online sales.
The Health Department reports inspecting more than 1,977 premises since January 2024 and seizing over 220,000 vapes, including 30,000 in the past three months alone. Yet, the shops remain open, and the trade flourishes, sometimes with violent consequences. In a recent incident, a hair salon became an innocent victim of a turf war when the convenience store next door was targeted.
"If (vape retailers) get a fine, they’ll pay that and then just keep going, they’re earning so much money," said affected business owner Amy Howes, highlighting the frustration of legitimate operators.
The Legislative Lag and Calls for Action
Other states have moved decisively. Queensland used new 90-day closure powers to shut down 148 stores in a 10-day blitz in late 2025. South Australia began enforcing similar laws in June, issuing over 100 closure orders. New South Wales passed its closure order bill in September 2025.
In WA, the Police Commissioner called for equivalent powers in August 2025. However, current Health Minister Meredith Hammat has repeatedly refused to set a deadline for legislation, arguing in Parliament in October that expecting laws by October after an August request was "fanciful."
This stance is facing growing criticism. Experts point to the Cook government's State Development Bill, which was 92 pages long and passed Parliament 100 days after its announcement, as proof that rapid legislative action is possible.
"Western Australia is the last state in the country to update its tobacco laws," said Laura Hunter, boss of the Australian Council on Smoking and Health. She warns that vape users are up to five times more likely to move on to smoking, and with smoking rates climbing, government inaction is a serious concern.
On Tuesday, Amber-Jade Sanderson indicated tobacco control legislation is now "under priority drafting." With Parliament resuming on February 17, all eyes will be on whether the WA government can finally match its actions to the scale of the crisis.
