The toughest penalties in the nation for retail and commercial premises selling illicit tobacco and vapes are now in effect in South Australia.
The Malinauskas Labor Government's new laws allow for greater police enforcement powers, the creation of new offences accompanied by tougher penalties for supply and possession and provisions for longer closure orders.
South Australia now has the toughest fines of any state or territory for supplying or possessing 'commercial' and 'large commercial' quantities of prohibited products.
Anyone in possession of a 'large commercial' quantity will face a fine of up to $2.1m for a first offence and up to $4.2m for a second or subsequent offence.
A body corporate will face an initial fine of up to $4.5m and then $6.6m for a second or subsequent offence.
These quantities are:
- Commercial quantities - 5,000 cigarettes or 5kg of any tobacco product, 100 e-cigarettes, or 200 of any other prescribed product (such as nicotine pouches).
- Large commercial quantities – 25,000 cigarettes or 25kg of any tobacco product, 500 e-cigarettes or other prescribed product.
Under the changes, police will be able to undertake general drug detection and random weapon and explosive searches in locations suspected of unlawful conduct relating to illicit tobacco, e-cigarettes, or other prohibited products.
The changes also include the creation of new offences for someone who knowingly allows a premises to be used for illegal conduct and enhanced information sharing powers to support enforcement operations in communicating with owners, building managers, and the public.
Minister Michaels' power to issue closure orders has also been increased with the creation of a new short term closure order power of 28 days. The maximum term of a Long-term closure orders issued through a Magistrates Court has also been extended from six-months to 12-months.
As put by Stephen Mullighan
This Government is cracking down on the illicit tobacco trade.
We have given police greater powers and increased the penalties to try and stamp out illegal activity.
These new penalties will send a clear message to criminals that their behaviour will not be tolerated.
As put by Chris Picton
Smoking is our biggest preventable killer and causes so much harm in our community. There's no safe level of smoking or vaping and the only thing we should be putting in our lungs is air.
Our public health response to tobacco and vapes has recently been rated the best in the nation. We received an A+ in a national scorecard from the Australian Council on Smoking and Health, ahead of any other state or territory.
These new laws build on that and bring South Australia even further to the forefront of strong public health protections.
As put by Andrea Michaels
Illicit tobacco shops are not welcome in South Australia.
Our state now has the toughest penalties in the nation for anyone caught with a commercial quantity of illegal tobacco or vapes.
Anyone who facilitates the sale of illegal tobacco by allowing a premise to be used will now also face severe penalties.
It is largely organised crime behind the illicit tobacco trade and the Malinauskas Government is taking strong action to disrupt their business model.
