24/03/2025
The South Australian Government has developed the new laws in consultation with Police Commissioner Grant Stevens to help reduce criminal activity and the risks posed to the community by the illicit tobacco and e-cigarette trade.
The legislation has been developed in partnership with Preventive Health SA, Consumer and Business Services (CBS) and South Australia Police (SAPOL).
The new laws include:
- The introduction of greater police enforcement powers
- New penalty levels and increased fines of up to $6.6m for supply and possession of commercial quantities of illicit tobacco and vapes
- The creation of new offences for a person who allows a premises to be used for prohibited conduct, such as the sale of illicit products
- Enhanced information sharing powers to support enforcement operations and allow for improved communication with owners, building managers and the public
Police will be able to undertake general drug detection and random weapon and explosive searches, including the use of detection dogs and metal detectors, in locations suspected of unlawful conduct relating to illicit tobacco, e-cigarettes or other prohibited products.
South Australia will have the harshest fines of any state or territory in the nation for supplying or possessing ‘commercial’ and ‘large commercial’ quantities of prohibited products.
At the highest level, 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.
Currently, the highest penalty in the Act is up to $1.5m for corporations and $700,000 for an individual.
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.
The proposed amendments will apply to the Tobacco and E-Cigarette Products Act 1997 and Retail and Commercial Leases Act 1995.
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