NSW retailers and wholesalers who wish to sell tobacco, or non-tobacco smoking products, now must apply for a licence as part of the NSW Government's Tobacco Licensing Scheme.
Applications will be screened to check if the applicant has been found guilty of an offence relating to the sale or supply of tobacco or vaping goods under any relevant state, territory, and Commonwealth legislation, which could see them refused a licence to sell these products.
Businesses can apply for a licence online using their MyServiceNSW account via the Service NSW website.
Applicants will be required to complete an online application, provide a recent criminal records check and pay the yearly licence fee.
Businesses can get support to submit their licence application by calling the Tobacco Information Line on 1800 357 412.
The new Tobacco Licensing Scheme, which has come into effect today, will give retailers and wholesalers a grace period until 1 October 2025 to apply for a licence.
Retailers must display their tobacco licence at the point of sale.
In NSW, vaping goods can only be purchased from pharmacies. It is illegal for all other retailers to sell any type of vaping good, regardless of its nicotine content. Pharmacies do not need a tobacco licence to sell vaping goods.
New penalties have also been introduced for anyone caught selling products without a valid licence.
The maximum penalties will be:
- For individuals - $11,000 for a first offence, and $44,000 for a second or subsequent offence
- For a corporation - $220,000
NSW Health is doubling its number of authorised inspectors from 14 to 28 to strengthen compliance efforts across the state. Recruitment of the additional 14 enforcement officers is currently underway, and these officers are expected to be onboarded throughout July. These new staff are in addition to existing authorised inspectors across NSW Health Public Health Units.
From 1 January 2025 to 31 March 2025, NSW Health inspectors conducted about 400 retailer inspections and seized more than 3.2 million cigarettes; 700 kg of other illicit tobacco productsand over 55,000 illegal vaping goods with an estimated combined street value of around $5.5 million.
In 2024, NSW Health inspectors conducted over 2,000 retail inspections and seized more than 13.5 million cigarettes and over 3,100kg of other illicit tobacco products, with an estimated street value of over $15.1 million; and more than 295,000 nicotine vapes, e-liquids and pouches, with an estimated street value of over $9.5 million.
More information on the new Tobacco Licensing Scheme including how retailers and wholesalers can apply for a licence can be found on the NSW Health website: NSW tobacco licensing scheme
Quotes attributable to Minister for Health, Ryan Park:
"The NSW Government's tobacco licensing scheme will help clean out bad actors in NSW's tobacco market and level the playing field for small businesses who do the right thing.
"Labor is getting on with the job of delivering what the Liberals failed to do, and what small businesses have long been calling for - a tobacco licensing scheme.
"Their failure to implement a tobacco licensing scheme ushered in a tsunami of bad actors into the tobacco market.
"It used to be the case that regardless of your history, you'd just need to let the NSW Government know of your intention to sell tobacco.
"Under this new scheme, you'll need to actively seek permission, and if we find you've got a history of doing the wrong thing, the government's got the power to say no."
Quotes attributable to NSW Chief Health Officer, Dr Kerry Chant:
"The new Tobacco Licensing Scheme will enable us to better monitor retailers and wholesalers to ensure they are doing the right thing and to take appropriate action if they are not.
"Tobacco use remains one of the biggest factors contributing to premature death. I acknowledge it's not always easy, but I encourage people who smoke to think about quitting both for themselves and for their loved ones.
"Quitting smoking remains the most beneficial thing an individual can do to improve their health."
"If you need support to quit smoking or vaping talk to your GP or call the NSW Quitline on 13 7848. The Quitline is a free and confidential telephone counselling service that provides customised assistance to help you quit smoking."
