New laws to crack down on illicit tobacco and e-cigarettes now in effect
New laws are now in effect enabling greater police powers and harsher penalties for South Australian retail and commercial premises suspected of selling illegal tobacco and e-cigarette products.
Amendments to the Tobacco and E-Cigarette Products Act 1997 allow for greater police enforcement powers, new penalty levels and increased fines for supply and possession.
The changes also include the creation of new offences for someone who allows a premises to be used for illegal conduct, and enhanced information sharing powers to support enforcement operations in communicating with owners, building managers, and the public.
We have developed these changes in partnership with Consumer and Business Services (CBS), South Australia Police (SAPOL) and with input from the Small Business Commissioner SA, in response to a request by the Commissioner of Police to help reduce criminal activity and the risks posed to the community by the illicit tobacco and e-cigarette trade.
The Tobacco and E-Cigarette Products (Prescribed Quantities) Amendment Regulations 2025 have also been developed to allow for enforcement of the Act. The Regulations prescribe the quantities of illicit tobacco, e-cigarettes and other prohibited products that are considered ‘commercial’ and ‘large commercial’ quantities.
- Commercial quantities - 5,000 cigarettes or 5kg of any tobacco product, 100 e-cigarettes, or 200 of any other prescribed product (such as nicotine pouches).
- Large commercial quantities – 25,000 cigarettes or 25kg of any tobacco product, 500 e-cigarettes or other prescribed product.
An additional amendment will allow CBS to notify insurance companies of alleged illicit activity on a premises.
Under these changes, police can undertake general drug detection and random weapon and explosive searches in locations suspected of unlawful conduct relating to illicit tobacco, e-cigarettes, or other prohibited products under this law.
The new penalties for supplying or possessing ‘commercial’ and ‘large commercial’ quantities of prohibited products will be the highest financial penalties of any Australian state or territory.
Anyone in possession of a ‘large commercial’ quantity will face a fine of up to $2.1m for a first offence and up to $4.2m for a second or subsequent offence. A body corporate will face an initial fine of up to $4.5m and then $6.6m for a second or subsequent offence.
An offence will also be introduced to penalise owners, or a person responsible for a premises, who actively allow their space to be used for prohibited conduct under this law. In addition a new provisions to the Retail and Commercial Leases Act 1995 will allow owners to end a retail lease if the tenant has been issued a long-term closure order by the Court.
These new laws are just another way that Preventive Health is working towards improved health outcomes for South Australians, particularly our young people who are often the targeted consumer for these products.
Read the media release