Police will be given greater powers to crack down on criminal activities linked with the illegal tobacco and vape trade and tough new penalties will apply to commercial sales, under new laws introduced to State Parliament.
The Malinauskas Labor Government has developed the new laws in consultation with Police Commissioner Grant Stevens to help reduce criminal activity and the risks posed to the community by the illicit tobacco and e-cigarette trade.
The legislation has been developed in partnership with Preventive Health SA, Consumer and Business Services (CBS) and South Australia Police (SAPOL).
The new laws include:
- The introduction of greater police enforcement powers
- New penalty levels and increased fines of up to $6.6m for supply and possession of commercial quantities of illicit tobacco and vapes
- The creation of new offences for a person who allows a premises to be used for prohibited conduct, such as the sale of illicit products
- Enhanced information sharing powers to support enforcement operations and allow for improved communication with owners, building managers and the public
Police will be able to undertake general drug detection and random weapon and explosive searches, including the use of detection dogs and metal detectors, in locations suspected of unlawful conduct relating to illicit tobacco, e-cigarettes or other prohibited products.
South Australia will have the harshest fines of any state or territory in the nation for supplying or possessing 'commercial' and 'large commercial' quantities of prohibited products.
At the highest level, 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.
Currently, the highest penalty in the Act is up to $1.5m for corporations and $700,000 for an individual.
New provisions will allow owners to end a retail lease if the tenant has been issued a long-term closure order by authorities. An offence will also be introduced to penalise owners, or a person responsible for a premises, who actively allow their space to be used for prohibited conduct under this law.
The proposed amendments will apply to the Tobacco and E-Cigarette Products Act 1997 and Retail and Commercial Leases Act 1995.
As put by Stephen Mullighan
The State Government is giving SAPOL the tools it needs to crack down on the illegal tobacco and vape trade, granting greater search powers and introducing the toughest penalties in the country.
This trade represents an unacceptable risk to the community, especially our young people, and that's why we're sending a message to criminals that it won't be tolerated in South Australia.
As put by Chris Picton
We are taking strong action to stamp out the illegal tobacco and vape trade, which we know causes so much harm in our community.
We're going after the criminals who deliberately target our children and young people with these dangerous products.
Restricting access to illegal tobacco and vape products will have a positive long-term impact on the health of South Australians and the health system.
As put by Andrea Michaels
South Australia is leading the way in the fight against illegal tobacco and vape shops.
South Australia will have the highest penalties of any state or territory in the nation for anyone caught with a commercial quantity of illegal tobacco or vapes with penalties of up to $6.6 million.
We know that it is largely organised crime behind these illegal tobacco and vape stores and we are going to continue to do everything we can to shut these stores down and put these criminals out of business.
We are also enabling landlords to terminate the lease of tenants subject to a long-term closure order to further disrupt their operations.
As put by Police Commissioner Grant Stevens
SAPOL has had input into the Bill and suggested a range of legislative reforms we believe would substantially contribute to creating a hostile environment in South Australia for those who sell illicit tobacco and those who facilitate this activity, as well as giving Consumer and Business Services and police increased disruption powers.
SAPOL believes that any steps that create a deterrent to get involved in this illegal activity and further disrupt those already involved in the illicit tobacco market are welcome.
As put by Preventive Health SA Chief Executive Marina Bowshall
It is great to see the legislation evolving and adapting to new challenges.
The best way to protect the public is ensuring that our tobacco and e-cigarette restrictions are working to protect future generations.
An essential part of public health is ensuring that we can limit access and distribution of these products.
As put by Commissioner for Consumer Affairs Brett Humphrey
Tackling the sale of illicit tobacco and vapes in South Australia is a whole of community effort.
Empowering landlords to terminate leases where the premises is subject to a long-term closure order is a significant step forward in cutting these dodgy retailers off at the very place they do business.
Having the power to take action against those property owners or landlords who are complicit in this criminal activity, will send a clear message – supporting the sale of illicit tobacco and vapes is not just bad for public health, it's bad for business.
