New laws to restrict sales and use of tobacco and vaping products
South Australia will have the toughest penalties of any state or territory in the nation against the sale of illegal vapes and tobacco, under new proposed laws being introduced to the South Australian State Parliament.
The legislation will significantly toughen controls and penalties relating to the sale and use of vapes and tobacco products in South Australia.
This new state legislation will bring SA in line with tough new national laws which ban retail supply of vapes or e-cigarettes, going one step further by banning supply of e-cigarettes to minors – even by prescription.
The legislation also includes:
- an increase in penalties – up to $1.5 million for some breaches
- a ban on vending machine sales of tobacco products in public areas
- a ban on supply of therapeutic e-cigarettes (or vapes) to any person under 18
- new authority to ban novel products which are marketed as an alternative to e-cigarettes, including nicotine pouches
- creation of a five-metre buffer zone around smoke-free areas at covered public transport areas – complementing smoke-free and vape-free areas near schools, childcare centres, hospitals, beaches and shopping centres
- authorising controlled purchase operations to enable effective surveillance of sales to minors.
Among the changes to penalties for body corporates are:
- advertising tobacco products – increase from $10,000 to $750,000 (first offence) or $1.1 million for subsequent offences
- selling without a licence – increase from $20,000 to $750,000 (first offence) or $1.1 million for subsequent offences
- sales to a minor – up to $1 million for a first offence and $1.5 million for subsequent offences (up from $20,000 and $40,000)
- sales of illicit tobacco or possession for the purpose of sale – increase from $50,000 to $750,000 (first offence) or $1.1 million for subsequent offences
- new offences for the sale or possession for the purpose of sale of e-cigarettes or other prohibited products up to $750,000 for the first offence and $1.1 million for subsequent offences.
Smoking continues to be the leading cause of preventable illness and death in South Australia, with 28 South Australians dying every week from tobacco-related diseases. Smoking has an estimated $2.3 billion impact on the state’s economy each year in associated health costs.
The rate of secondary school students who have ever vaped more than doubled between 2017 and 2023, from 13.5 per cent to 29.9 per cent. E-cigarette usage increased significantly in South Australia among 15 to 29 year olds from 2.6 per cent in 2014 to 8.4 per cent in 2022, almost doubling again in 2023 to
15.1 per cent.