Interest in the Australian Law of Home Growing of Tobacco Plants

Today, for some reason or other, the post that I wrote some time ago about the law on growing tobacco plants in Australia received about ten times the normal daily rate of hits; also, most of them were ‘first time’ visitors.

If you google “Tobacco plant growing law in Australia”, the top reference is my humble contribution, but there is not normally much activity. Today has been a bit of a surprise. Here is a link to my post:

It might be interesting to summarise the Australian law just for fun.

A law was passed in Australia in 1901. Essentially, this statement covers it:

Grow, deal in and move tobacco seed, plant or leaf. Before you can grow tobacco seed, plant or leaf you need a producer licence granted under the Excise Act.[7]Before you can deal in (i.e. buy and sell) tobacco seed, plant or leaf you need a dealer licence granted under the Excise Act.[8]Before you can move tobacco seed, plant or leaf you need permission granted under the Excise Act.[9]

I have often wondered why that Act was passed in 1901. I doubt that there was any other country in the world which had such a law at that time. I can only guess that it was passed to protect ‘vested interests’. We must remember that Australia, at that time, which still very much an ‘aristocracy’, where vast tracks of the land were owned by a few aristocratic families.

Looking at the ‘Constitutional history of Australia’ is interesting:

This is not intended to be a history of Australia. All I am interested in is the ‘status’ of Australia in 1901. Here is an interesting quote:

It was then passed (with an amendment allowing for some appeals to the Privy Council in London) as an Act of the British Parliament: the Commonwealth of Australia Constitution Act 1900. The Act entered into force on 1 January 1901, at which point the Commonwealth of Australia came into being.

There’s 1901 again.

Note also this quote:

The Constitution provided that the British monarch be represented in Australia by a Governor-General, who was originally appointed on the advice of the British, not the Australian, government, and was generally a British aristocrat.

Ummm….. The Act protecting aristocratic tobacco production was passed in 1901. Clever, doncha think?

It seems that Australia only became fully ‘independent’ in 1931:

By the mid-1920s, it was accepted by the British government that dominions would have full legislative autonomy. This was given legislative effect in 1931 by the Statute of Westminster 1931. The Statute took effect in Australia in 1942 with the passing of the Statute of Westminster Adoption Act 1942, with retroactive effect to 3 September 1939, the start of World War II. The adoption of the Statute repealed the application of the Colonial Laws Validity Act 1865 in relation to federal legislation. However, the Colonial Laws Validity Act 1865 continued to have application in individual Australian states until the Australia Act 1986 came into effect in 1986.


Perhaps the above gives us a clue as to why Australia was chosen as one of the Nations to be battered by ‘Tobacco Control’. Although Australia is huge, it has only a small population, comparatively speaking; I suppose that is because vast tracks of it are desert (‘the outback’), but it also has a swath of tropical rain forest as well. Also, despite its size, it is an island, and thus, having no land connections with other countries, it is, comparatively speaking, more difficult to smuggle stuff into. But most of all, because it has this ancient, protection-racket law against growing your own tobacco plants. A perfect place to take matters to the extreme.

But Australians are famed for being tough and uncompromising in defending their individual, personal rights, aren’t they? You know ….. “Crocodile Dundee” and all that? Swimming champions of the world? The cricketer, Don Bradman? The Australian rugby union team?


It was set up, that’s what, the same as Ireland. Vast funds were allocated, politicians inserted, possibly through Common Purpose interventions. It might have taken ten or fifteen years, or more, to put the “IRON TRIANGLE” in place – the ACADEMICS, the DEPT OF HEALTH, the BIG PHARMA, all mutually supporting and protecting each other with money, power and influence.


Ireland was chosen on much the same basis – an island (despite the Northern Ireland connection), a war-weary people, very dependent upon the EU for its continuing prosperity, several crazy politicians and a dominant medical profession. But what have the people done? They have done what the people have been doing since time immemorial – they have taken the matter into their own hands, ignoring laws and regulations. White Van Man, Chop Chop, Home Growing,

But there are still a lot of dumbbells about. I went to the local co-op today to get enough red vino for tonight – three litres. In front of me was a thirty-something who bought a 25 gram packet of RYO. I was sorely tempted to teach him about ‘whole  leaf’, or the virtues of Spain or Prague, but, to be honest, I do not think that he would have understood. You see, if you have a credit card, you can venture to, say, Mallorca for a couple of days, and buy, say, thirty sleeves at a cost of about £900. You do not need to ‘cash rich’. The cost savings will amply cover the interest on the credit card. In the UK,  the purchase would cost around £1800. If the cost of the trip was, say, £200 for the flight and £100 for the hotel, you would be £400 in profit – and you would have enjoyed a nice break. In fact, I always discount the cost of the flight and hotel, because they are enjoyable in themselves. A non-smoker pays these costs for fun, so why should not we? Why should we count such costs against the value of our purchases? Thus, a three day ‘holiday’ might cost £300. During that holiday, and separately, one buys £1800 pounds-worth of fags for £900 – saving, £900. That ‘saving’ has nothing to do with the holiday. To put it another way, suppose that a person went on a golfing holiday with friends. He would count any tobacco product purchases as a bonus, and not as a reason for the holiday.

It is people like the dumbbell, people who smoke little, who are still throwing their hard-earned cash at the Treasury. But it is because they smoke little that they continue to punish themselves financially. How stupid! It is precisely those people who should take a short trip to Prague, Benidorm or Belgium to stock up for a full year.

But they do not KNOW. There is an advert on the TV which is repeated over and over. It is for travel insurance. The wife says, “Hope you get a hole in one! Me? I’m off to Venice with the girls”.

It is odd that they have not worked it out for themselves. I do not understand, since it it obvious. I’m not talking about impoverished people who could not get a credit card. I’m talking about people who can and do go on an annual holiday, but fail to take advantage. A friend of mine goes on holiday to the Canaries, which is not part of the EU. Tobacco is very cheap there. Theoretically, his goods could be confiscated, but he has never been stopped yet.


We have said, again and again, that vapers and smokers should ‘love one-another’. In our beleaguered situation, both groups have to REJECT attempts by TC to split them. Shops which sell e-cig stuff should give every purchaser a leaflet attacking the Health Department’s  attitude to both Vaping and Smoking.

The ‘Iron Triangle’ needs to be melted.




4 Responses to “Interest in the Australian Law of Home Growing of Tobacco Plants”

  1. michaeljmcfadden Says:

    People may have an exaggerated sense of the penalties involved. I’ve sometimes thought it would be nice to mail a pound of rolling tobacco (actually here nowadays they label most of it as “pipe” tobacco and cut it a bit more coarsely to avoid the ruinous RYO SCHIP tax of 2009 — but a pound costs under fifteen dollars!) to friends over there, but I have no idea what the legal consequences might be for me or for them if there are “Drug-Sniffing” dogs trained to ferret out illicit tobacco in such small gift transactions.

    Heh, of course given my sorry history of being plagued with problems whenever I do *ANYTHING* through the postal system it’s probably just as well….


    • Junican Says:

      Seal the tobacco inside a plastic bag and wrap it in a scented ladies undergarment and mark the parcel ‘gift of clothing’.
      What could go wrong? The recipient has nothing to do with the sending of the parcel, and the Aussie Custom’s people have no power of you, except to confiscate the goods.
      On the other hand, I rather think that you were kidding…..

  2. The Blocked Dwarf Says:

    I sell a couple plus shredders to Oz/NZ every month-tendency increasing…and that despite the ruinous postage costs of sending 700 grammes of metal to the other side of the globe. So I’m guessing the market for whole leaf/grow your own is expanding there too.

    • Junican Says:

      What’s wrong with the Australians? You would think that they would have enterprising people internally to supply machines. Perhaps they have, in an underground way. Who can blame them? The persecution is intense. But your experience shows that the Zealots are not having it all there own way. Slow though the process might be, once people realise that they CAN be in control, there will be no going back.

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