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SA’s new penalties tackling illicit tobacco and vapes set to take effect

Release date: 27/11/24

New penalties cracking down on the sale of illicit tobacco and vapes are set to take effect tomorrow (28 November).

South Australia will have among the highest penalties in the nation against the sale of illicit vapes and tobacco with the Malinauskas Labor Government continuing its fight against the criminals who sell it.

The new penalties are significantly higher with fines of up to $1.5 million for breaches.

They include:

  • Advertising tobacco products – increase from $10,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
  • Selling without a licence – 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.

The new penalties come in the wake of SAPOL’s Operation Eclipse, which is investigating the criminal networks involved in the trade of illicit tobacco and those believed responsible for the spate of arson attacks in recent months.

As part of Operation Eclipse, SAPOL and Consumer and Business Services are working together, while also liaising with Victoria Police, Border Force and other agencies.

The Malinauskas Government has been spearheading the fight against vapes and illegal tobacco and their criminal enterprises for months with a new $16 million dedicated taskforce within Consumer and Business Services coming into force on 1 July.

Since July 1, almost $12 million worth of illicit tobacco and vapes have been seized.

The government will continue to stamp out this illicit trade and we encourage people to report illegal tobacco or vape dealers to www.cbs.sa.gov.au/tobacco

South Australians can find resources to help quit smoking or vaping at besmokefree.com.au or by calling the Quitline on 13 78 48.


Quotes

Attributable to Chris Picton

There’s no safe level of smoking or vaping and these new laws will bring South Australia to the forefront of strong public health protections.

These tough measures are necessary to ensure that the illegal vaping and tobacco industry faces much tougher penalties commensurate with their health impact.

Alarmingly the number of young South Australians vaping almost doubled in a year, highlighting why strong action is needed.

The only safe thing for South Australians to be putting in their lungs is air.

Attributable to Andrea Michaels

We will not tolerate the threat posed to our community by the criminals involved in these illegal tobacco shops.

The illicit tobacco market is extremely lucrative and that’s why it has attracted the attention of organised crime, who use the profits to fund other criminal activities including the importation of illicit drugs and firearms.

From tomorrow, South Australia’s illicit tobacco penalties will be among the highest in the nation and cannot be regarded as slap on the wrist that is worth risking.

The government will continue to raid these businesses, get these products off the streets and put these criminals out of business.

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