31/10/2024
South Australia will have among the highest penalties in the nation against the sale of illicit vapes and tobacco with tough new legislation passing state parliament last night.
The legislation will significantly increase the penalties available to the state government when it comes to dealing with the illicit tobacco and vape market.
The legislation brings South Australia in line with strong new federal penalties designed to crack down on the sale of illicit tobacco and vapes with fines of up to $1.5 million for breaches.
The new 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.
Closing illicit tobacco shops
The legislation also includes ministerial powers to close down illicit tobacco shops.
Orders will apply for an initial 72 hours and can be extended to up to six months with approval from a magistrate.
Any business which violates such an order can be hit with a penalty of up to $1.1 million and an individual up to $700,000.
Recent enforcement
The new penalties come in the wake of SAPOL’s Operation Eclipse, which is investigating the criminal networks involved in the trade of illicit tobacco and those believed responsible for the spate of arson attacks in recent months.
As part of Operation Eclipse, SAPOL is sharing intelligence with Consumer and Business Services to assist CBS with its enforcement work as well as liaising with Victoria Police, Border Force and other agencies.
The state government allocated $16 million to a dedicated taskforce within CBS which came into force in July.
Since 1 July, $4.4 million worth of illicit tobacco and vapes has been seized.
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