02/09/2024
South Australia will have the toughest penalties of any state or territory in the nation against the sale of illegal vapes and tobacco, under sweeping new proposed laws being introduced by the Malinauskas Labor Government to State Parliament today.
The legislation will significantly toughen controls and penalties relating to the sale and use of vapes and tobacco products in South Australia.
It’s the latest step in the Malinauskas Government’s crackdown on the illicit vape and tobacco market and the criminals targeting children.
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
The new legislation follows another raid by Consumer and Business Services (CBS) last Friday which took more than 1,100 vape products and approximately 50kg of illicit tobacco, including more than 42,000 cigarettes, off the streets.
Officers seized cigarette packets, pouch tobacco, bagged chop chop and vapes, worth approximately $55,000.
This follows a series of successful raids by CBS. In total, $285,000 worth of illegal tobacco, vapes and tobacco products have been seized since 1 July.
The Malinauskas Government has invested an additional $16 million to create a dedicated taskforce within Consumer and Business Services to crack down on this growing illegal trade. As a result, there are more inspectors out enforcing compliance with licensing and sale of tobacco and vaping products regulations in SA.
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