South Australia will have the toughest penalties of any state or territory in the nation against the sale of illegal vapes and tobacco, under sweeping new proposed laws being introduced by the Malinauskas Labor Government to State Parliament today.
The legislation will significantly toughen controls and penalties relating to the sale and use of vapes and tobacco products in South Australia.
It's the latest step in the Malinauskas Government's crackdown on the illicit vape and tobacco market and the criminals targeting children.
This new state legislation will bring SA in line with tough new national laws which ban retail supply of vapes or e-cigarettes, going one step further by banning supply of e-cigarettes to minors – even by prescription.
The legislation also includes:
- An increase in penalties – up to $1.5 million for some breaches
- A ban on vending machine sales of tobacco products in public areas
- A ban on supply of therapeutic e-cigarettes (or vapes) to any person under 18
- New authority to ban novel products which are marketed as an alternative to e-cigarettes, including nicotine pouches
- Creation of a five-metre buffer zone around smoke-free areas at covered public transport areas – complementing smoke-free and vape-free areas near schools, childcare centres, hospitals, beaches and shopping centres
- Authorising controlled purchase operations to enable effective surveillance of sales to minors
Among the changes to 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 new legislation follows another raid by Consumer and Business Services (CBS) last Friday which took more than 1,100 vape products and approximately 50kg of illicit tobacco, including more than 42,000 cigarettes, off the streets.
Officers seized cigarette packets, pouch tobacco, bagged chop chop and vapes, worth approximately $55,000.
This follows a series of successful raids by CBS. In total, $285,000 worth of illegal tobacco, vapes and tobacco products have been seized since 1 July.
The Malinauskas Government has invested an additional $16 million to create a dedicated taskforce within Consumer and Business Services to crack down on this growing illegal trade. As a result, there are more inspectors out enforcing compliance with licensing and sale of tobacco and vaping products regulations in SA.
The State Government has also commenced a $2 million advertising campaign running to June 2025 aimed at reducing smoking and vaping and its impact on the community.
Smoking continues to be the leading cause of preventable illness and death in South Australia, with 28 South Australians dying every week from tobacco-related diseases.
Smoking has an estimated $2.3 billion impact on the state's economy each year in associated health costs.
The rate of secondary school students who have ever vaped more than doubled between 2017 and 2023, from 13.5 per cent to 29.9 per cent.
E-cigarette usage increased significantly in South Australia among 15 to 29 year olds from 2.6 per cent in 2014 to 8.4 per cent in 2022, almost doubling again in 2023 to 15.1 per cent.
To report illegal tobacco or vape dealers, visit www.cbs.sa.gov.au/tobacco.
As put by Chris Picton
Smoking is a deadly habit and the rise of vaping among young people is really concerning.
In a recent survey, one in three school students aged 16 to 17 reported e-cigarette use in the past month.
We are taking strong action to stamp it out and go after the criminals who target our children with highly addictive vapes full of nasty chemicals.
Today I am introducing these tough laws to put SA at the forefront of tackling this health crisis, with penalties to match.
As put by Andrea Michaels
This legislation provides a massive deterrent to those who are illegally trading tobacco and e-cigarettes, including to minors, and ensures our penalties are not seen as merely the cost of doing business.
South Australia will have the strongest penalties of any state or territory, with offenders facing fines of up to $1.5 million for illegal sale of these products.
We are encouraging the public to report suspected breaches when they become aware of them.
As put by Preventive Health SA Interim Chief Executive Marina Bowshall
Our consultation on this legislation showed there is significant community concern about the health impacts of smoking and e-cigarettes, and strong support for stronger regulation.
Smoking has a tragic human cost and, is a major factor in cancer, stroke and heart disease. It is a major contributor to hospital admissions in Australia.
The more people we can help to stop smoking and the more we can prevent the growth in the use of e-cigarettes, the healthier our community will be.
