South Australia Introduces Harsher Penalties for Illegal Vape Trade

South Australia tobacco vape laws

The Malinauskas Labor Government of South Australia has introduced new legislation to State Parliament, granting police greater powers and implementing tougher penalties to crack down on the illegal tobacco and vape trade. The new laws, developed in consultation with Police Commissioner Grant Stevens, aim to reduce criminal activity and protect the community from the risks associated with illicit tobacco and e-cigarette products.

Key Changes in the New Legislation

The proposed amendments to the Tobacco and E-Cigarette Products Act 1997 and Retail and Commercial Leases Act 1995 include several significant changes:

  1. Enhanced police enforcement powers, including the use of detection dogs and metal detectors in locations suspected of unlawful conduct related to illicit tobacco, e-cigarettes, or other prohibited products.
  2. Increased fines of up to $6.6 million for the supply and possession of commercial quantities of illicit tobacco and vapes, making South Australia’s penalties the harshest in the nation.
  3. New offences for individuals who allow premises to be used for prohibited conduct, such as the sale of illicit products.
  4. Improved information sharing powers to support enforcement operations and communication with owners, building managers, and the public.
  5. Provisions allowing owners to end retail leases if tenants are issued long-term closure orders by authorities.

Protecting the Community and Targeting Criminals

Minister for Finance Stephen Mullighan emphasized the government’s commitment to giving SAPOL the necessary tools to crack down on the illegal tobacco and vape trade. By sending a strong message to criminals, the government aims to protect the community, especially young people, from the unacceptable risks posed by these illicit products.

Minister for Health and Wellbeing Chris Picton highlighted the harm caused by the illegal tobacco and vape trade, particularly to children and young people. By restricting access to these dangerous products, the government expects to have a positive long-term impact on the health of South Australians and the health system.

Supporting Law Enforcement and Public Health

Attorney-General Andrea Michaels underscored South Australia’s leading role in the fight against illegal tobacco and vape shops. With the highest penalties in the nation and the ability for landlords to terminate leases of tenants subject to long-term closure orders, the government aims to disrupt the operations of organized crime groups behind these illegal stores.

Police Commissioner Grant Stevens expressed SAPOL’s support for the legislative reforms, believing they will create a hostile environment for those involved in the illicit tobacco market and provide increased disruption powers to Consumer and Business Services and police.

Preventive Health SA Chief Executive Marina Bowshall praised the legislation’s evolution and adaptation to new challenges, emphasizing the importance of limiting access and distribution of tobacco and e-cigarette products to protect future generations.

Commissioner for Consumer Affairs Brett Humphrey stressed the significance of empowering landlords to terminate leases of premises subject to long-term closure orders. By taking action against property owners or landlords complicit in criminal activity, the government sends a clear message that supporting the sale of illicit tobacco and vapes is detrimental to both public health and business.

As South Australia implements these new laws, the state aims to lead the nation in combating the illegal tobacco and vape trade, protecting public health, and disrupting the criminal organizations behind these illicit products.

Matthew Ma
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