The NSW government will roll out reforms which it hopes will better protect the community from the harms of illegal tobacco.
This includes a new tobacco licensing scheme for retailers, tougher penalties, and more enforcement officers.
“I am very concerned by the prevalence of illegal tobacco and e-cigarettes in our community, and their proximity to our schools and children,” says NSW Minister for Health Ryan Park.
“These new laws are the most significant tobacco retailing reforms in NSW in the last decade and will help us combat the scourge of illicit tobacco sales across the state.”
Licensing scheme
A new tobacco licensing scheme will be introduced. The NSW government says this will better protect those businesses doing the right thing and ensure greater oversight of the tobacco retail industry in NSW.
Under these changes, retailers and wholesalers of tobacco and non-tobacco smoking products will be required to hold a tobacco licence and pay an annual fee.
A licence will be able to be refused, or revoked, if the applicant has been convicted of a tobacco or vaping product related offence.
The scheme will support comprehensive and targeted enforcement to identify and penalise those retailers and wholesalers doing the wrong thing.
The proposed legislation includes penalties of up to $220,000 for corporations and $44,000 for individuals for selling tobacco without a licence under the new scheme.
To ensure that applying for a tobacco licence is not burdensome for small businesses, a technical support phoneline will be available to everyone submitting an application.
Tougher penalties
The NSW government will double maximum penalties for a range of tobacco retailing offences, including:
- Individuals selling tobacco products to minors will be fined up to $22,000 for a first offence and $110,000 for a subsequent offence, with corporations liable for up to $110,000 for a first offence and $220,000 for subsequent offences.
- Individuals selling tobacco products not in the required packaging or with the mandatory health warnings will be fined up to $22,000, and corporations up to $110,000.
- People impersonating or obstructing an inspector can be fined up to $1,100, up from $550.
Enforcement and seizures
NSW Health will also recruit an additional 14 enforcement officers to strengthen compliance efforts across the state. This doubles the number of authorised inspectors employed by the Ministry of Health.
Ahead of these reforms, NSW Health boosted regional enforcement capacity by supporting the employment of four additional enforcement officers. This compliance workforce complements authorised staff who undertake inspections across local health districts.