Illicit tobacco trade is a burgeoning issue in Australia, estimated to be worth 2.7 billion dollars in 2022-23. Despite recent efforts from Federal and State/Territory Governments to curtail illicit tobacco trade, the legislative response to this issue is inconsistent and convoluted, largely due to the tobacco control being an area of shared responsibility between Governments. This paper critically analyses health-related illicit tobacco offences that apply to tobacco retailers engaging in illicit tobacco trade across Australia’s nine jurisdictions. We identify several gaps and inconsistencies in Federal and State/Territory law and provide practical recommendations to address these issues. Illicit tobacco trade is a concerning national problem and greater consistency in the legal response is imperative to address the harms caused by this illicit product.