10/06/2025
The toughest penalties in the nation for retail and commercial premises selling illicit tobacco and vapes are now in effect in South Australia. The Malinauskas Labor Government’s new laws allow for greater police enforcement powers, the creation of new offences accompanied by tougher penalties for supply
and possession and provisions for longer closure orders. South Australia now has the toughest fines of any state or territory for supplying or
possessing ‘commercial’ and ‘large commercial’ quantities of prohibited products. 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.
These quantities are:
- Commercial quantities – 5,000 cigarettes or 5kg of any tobacco
product, 100 e-cigarettes, or 200 of any other prescribed product (such
as nicotine pouches). - Large commercial quantities – 25,000 cigarettes or 25kg of any
tobacco product, 500 e-cigarettes or other prescribed product.
Media contact: Ashleigh Pisani 0403 816 202 premier.sa.gov.au
Under the changes, police will be able to undertake general drug detection and
random weapon and explosive searches in locations suspected of unlawful conduct
relating to illicit tobacco, e-cigarettes, or other prohibited products.
The changes also include the creation of new offences for someone who knowingly
allows a premises to be used for illegal conduct and enhanced information sharing
powers to support enforcement operations in communicating with owners, building
managers, and the public.
Minister Michaels’ power to issue closure orders has also been increased with the
creation of a new short term closure order power of 28 days. The maximum term of a
Long-term closure orders issued through a Magistrates Court has also been
extended from six-months to 12-months.
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