South Australia will have among the highest penalties in the nation against the sale of illicit vapes and tobacco with tough new legislation passing State Parliament last week.
The legislation significantly increases the penalties available to the State Government when it comes to dealing with the illicit tobacco and vape market. It brings SA in line with strong new federal penalties designed to crack down on the sale of illicit tobacco and vapes with fines of up to $1.5 million for breaches.
Premier of SA Chris Picton says tough new penalties will take the fight up to the illicit vape and tobacco trade in the state.
“There’s no safe levels of smoking or vaping and these new laws will bring SA to the forefront of strong public health protections,” he said.
“In a recent survey, one in three school students aged 16 to 17 reported vaping in the past month – and the impact is being felt in families and classrooms across the state.
“The targeting of kids with highly addictive vapes full of nasty chemicals must stop.”
New penalties
The new penalties for body corporates are:
- 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 legislation also includes ministerial powers to close down illicit tobacco shops. Orders will apply for an initial 72 hours and can be extended to up to six months with approval from a magistrate. Any business which violates such an order can be hit with a penalty of up to $1.1 million and an individual up to $700,000.
Operation Eclipse
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 is sharing intelligence with Consumer and Business Services to assist them with their enforcement work as well as 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 which came into force in July.
Since 1 July, $4.4 million worth of illicit tobacco and vapes has been seized.