South Australia Enacts Toughest Tobacco & Vape Laws
South Australia has implemented what are being called the nation’s toughest penalties for businesses selling illicit tobacco and vaping products. The new laws, championed by the Malinauskas Labor Government, grant police greater enforcement powers, create new offenses with significantly increased fines for supply and possession, and allow for longer premises closure orders.
Under the new regime, individuals possessing a “large commercial quantity” (e.g., 25,000 cigarettes or 500 e-cigarettes) face fines up to $2.1 million for a first offense and $4.2 million for subsequent offenses. Corporations face even steeper fines, up to $4.5 million initially and $6.6 million for repeat offenses. “Commercial quantities” are defined as 5,000 cigarettes, 5kg of tobacco, or 100 e-cigarettes/nicotine pouches.
Police powers are enhanced to conduct drug detection and weapon searches in locations suspected of illicit tobacco or vape activity. New offenses have been created for those knowingly allowing premises to be used for such illegal conduct. Minister Andrea Michaels’ authority to issue closure orders has also been strengthened, with short-term closures extended to 28 days and long-term court-ordered closures now lasting up to 12 months.
Treasurer Stephen Mullighan stated, “These new penalties will send a clear message to criminals.” Health Minister Chris Picton highlighted the public health aspect, noting South Australia’s top national rating in tobacco and vape control. The government aims to disrupt organized crime linked to the illicit trade.
