More Boots On Ground To Tackle Illegal Tobacco

NSW Gov

Thirty additional full-time equivalent tobacco inspectors will be recruited to boost the NSW Health's newly established Centre for Regulation & Enforcement with additional funding from the Commonwealth Government.

The new Inspectors brings the dedicated state-wide team to a total of 78 staff.

Over half of the additional 30 have commenced or are about to commence, and the other half are in the process of being recruited.

The NSW and Commonwealth governments have previously discussed the impact of the high level of the federal tobacco excise which is driving many consumers towards cheaper illegal tobacco products.

Under the NSW Government's tough new laws which have introduced closure order powers, NSW Health Inspectors, working together with NSW Police, are continuing to close down stores selling illicit tobacco and vaping goods.

The closure of five tobacconists in Sydney's Inner West last week by NSW Health Inspectors and NSW Police brings the total to 66 stores closed since the laws came into effect in November 2025.

Between 1 January 2026 to 31 January 2026, NSW Health Inspectors have conducted 131 inspections, seizing around 560,000 cigarettes and 98kg of other illicit tobacco products and over 6000 illegal vaping goods with a combined estimated street value of around $830,000.

In January, NSW Health has also finalised 4 successful prosecutions with the courts imposing a total of $41,300 in fines related to e-cigarette and tobacco offences. There are currently 20 prosecutions before the Courts.

The NSW Government is continuing to strengthen compliance and enforcement of tobacco and vaping goods laws across NSW, with the Public Health (Tobacco) Amendment (Landlord Offences) Bill 2025 currently before Parliament and expected to be debated in the coming weeks.

The legislation will build on recent reforms which target the illicit tobacco and illegal vaping market, including:

  • a new offence for the possession of a commercial quantity of illicit tobacco with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both
  • new penalties for the sale of illicit tobacco with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both
  • the introduction of short-term (up to 90 days) and long-term (up to 12 months) closure orders for premises selling illicit tobacco, illegal vaping goods, or selling tobacco or non-tobacco smoking products without a licence
  • new offences and penalties for anyone who breaches these closure orders, including for entering closed premises or selling products from closed premises
  • new lease termination powers for landlords where a closure order is in place
  • new nation-leading offences for falsely claiming to be licensed, resisting seizure, and attempting to retake seized products.

The NSW Government is also aware the sale of illicit tobacco and vaping products continues to evolve, with some retailers attempting to obscure and avoid the enforcement activities of NSW Health Inspectors, by using QR codes and social media communications to facilitate the ongoing sale of illicit tobacco to customers, after a closure order has been issued.  

NSW Police and NSW Health are working together to identify these methods and pivot their enforcement strategies to shut down this activity. 

Quotes attributable to Minister for Health Ryan Park:

"I am very grateful for the additional support from the Commonwealth Government to assist in our tobacco enforcement efforts.

"It is an acknowledgement that the federal tobacco excise is out of step with the community and it is driving consumers towards cheaper illegal tobacco products.

"The assistance from the Commonwealth will help us get ahead of the prevalence of illegal tobacco over the next two years.

"But so long as the federal excise is where it is, we can continue to see illegal tobacco permeate throughout our high streets - and so I will continue to work constructively with our Commonwealth colleagues in establishing a more sustainable, long term and permanent funding stream for tobacco enforcement personnel.

"Our approach to illegal tobacco is more boots on the ground; tougher penalties; and more powers to close down bad actors."

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