Tougher illicit tobacco and e-cigarette laws come into effect in South Australia

New laws are being introduced to significantly increase the penalties for selling illegal tobacco and e-cigarette products. The laws will also introduce more powers for police and authorised officers to strengthen enforcement operations for these products.

Preventive Health SA have developed the bill in partnership with Consumer and Business Services, South Australia Police, and with input from the Small Business Commissioner. It comes 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.

“It is great to see the legislation evolving and adapting to new challenges. The best way to protect the public is ensuring that our tobacco and e-cigarette restrictions are working to protect future generations”

- Marina Bowshall, Chief Executive Preventive Health SA.

The proposed amendments were taken to Parliament this week and will apply to the Tobacco and E-Cigarette Products Act 1997 (The Act) and Retail and Commercial Leases Act 1995.

The new amendments will:

• provide additional powers for police to undertake additional searches in premises suspected of selling illicit products, to include searches for drugs, weapons and explosives.
• create a provision for information relating to the closure of unlicensed premises to be made publicly available.
• provide greater clarification for information-sharing between our enforcement agencies, as well as their ability to disclose information relating to illicit activity to interested parties such as the owner of a premises or their agent.

New provisions will allow owners to end a retail lease if the tenant has been issued a long-term closure order by authorities. 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.

It also introduces greater penalties for those in possession of, or supplying, commercial quantities of illicit tobacco and e-cigarette products. At the highest level, anyone in possession or supplying a ‘large commercial’ quantity will face a fine of up to $2.1m for a first offence and $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. In comparison, the highest current penalty in the Act is $1.1m, and up until late 2024 the highest penalty in the legislation was $75,000.