South Australia Introduces Toughest Penalties for Illegal Vapes
The Malinauskas Labor Government in South Australia has proposed sweeping new laws to combat the sale of illegal vapes and tobacco, introducing the toughest penalties in the nation. The legislation, set to be introduced in State Parliament, aims to significantly toughen controls and penalties related to the sale and use of these products.
Cracking Down on Illicit Trade
The new legislation is the latest step in the government’s crackdown on the illicit vape and tobacco market and the criminals targeting children. The state legislation will align with tough new national laws banning retail supply of vapes or e-cigarettes, going a step further by prohibiting the supply of e-cigarettes to minors, even by prescription.
Key Provisions of the Legislation
The proposed legislation includes several key provisions:
- Increased penalties of up to $1.5 million for some breaches
- A ban on vending machine sales of tobacco products in public areas
- A ban on the supply of therapeutic e-cigarettes to anyone under 18
- Authority to ban novel products marketed as e-cigarette alternatives, such as nicotine pouches
- Creation of a five-metre buffer zone around smoke-free areas at covered public transport areas
- Authorizing controlled purchase operations for effective surveillance of sales to minors
Steep Penalties for Offenders
The changes to penalties for body corporates are significant:
- Advertising tobacco products: increase from $10,000 to $750,000 (first offence) or $1.1 million for subsequent offences
- Selling without a license: 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
Successful Raids and Seizures
The new legislation follows successful raids by Consumer and Business Services (CBS), which have seized approximately $285,000 worth of illegal tobacco, vapes, and tobacco products since July 1. In the most recent raid, officers confiscated more than 1,100 vape products and approximately 50kg of illicit tobacco, including over 42,000 cigarettes, with a combined value of around $55,000.
Investment in Enforcement and Awareness
The Malinauskas Government has invested an additional $16 million to create a dedicated taskforce within CBS to enforce compliance with licensing and sale regulations for tobacco and vaping products in South Australia. The government has also launched a $2 million advertising campaign running until June 2025 to reduce smoking and vaping and its impact on the community.
Health Impact and Rising Vaping Rates
Smoking remains the leading cause of preventable illness and death in South Australia, with 28 South Australians dying every week from tobacco-related diseases. The rate of secondary school students who have ever vaped more than doubled between 2017 and 2023, from 13.5 percent to 29.9 percent. E-cigarette usage among 15 to 29-year-olds increased significantly from 2.6 percent in 2014 to 8.4 percent in 2022, almost doubling again in 2023 to 15.1 percent.
Statements from Government Officials
Chris Picton, a government official, expressed concern about the rise of vaping among young people and the need for strong action to combat the issue. Andrea Michaels, another official, emphasized that the legislation provides a massive deterrent to those illegally trading tobacco and e-cigarettes, particularly to minors. Marina Bowshall, Preventive Health SA Interim Chief Executive, highlighted the significant community concern about the health impacts of smoking and e-cigarettes and the strong support for stronger regulation.
Conclusion
The proposed legislation in South Australia represents a significant step in combating the illicit trade of vapes and tobacco products, particularly targeting those who sell to minors. With the toughest penalties in the nation and increased enforcement efforts, the government aims to address the growing health crisis associated with smoking and vaping.
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