New tobacco and vaping laws commence in South Australia
The Tobacco and E-Cigarettes (E-Cigarettes and Other Reforms) Amendment Act 2024 has now commenced in South Australia. The Act amends the Tobacco and E-Cigarette Products Act 1997 to strengthen controls, powers and penalties relating to the sale and supply of vapes and illegal tobacco products, building upon recently introduced national laws.
The new South Australian laws:
- prohibit the sale, supply and possession of e-cigarette products
- prohibit the supply of e-cigarettes to minors, even by prescription
- allow for the prohibition of other novel nicotine products, such as nicotine pouches
- ban the sale of tobacco products by vending machines
- enhance licensing requirements
- introduce a tobacco wholesaler licence scheme to help verify legitimate operators
- allow for the issuing of closure orders, so that authorised officers can close operations under investigation for illegal tobacco and e-cigarette sales
- introduce a range of powers that authorised officers can use to enforce illicit tobacco and vaping laws in South Australia
- expand the capacity for public events to be declared smoke-free and vape-free
- create 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
- increase penalties in the legislation, up to $1.5 million
The new laws and associated regulations commenced on 28 November 2024, with additional provisions relating to licensing commencing from 13 December 2024. Additionally, transitional provisions have been included in the regulations which mean bans on vending machines and the supply of e-cigarettes to a minor by a pharmacist or medical practitioner will not apply until 1 February 2025. This allows sufficient time for these changes to be communicated to the relevant sectors.
Smoking continues to be a 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.
