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 night.
The Malinauskas Labor Government is continuing its fight against vapes and illegal tobacco and the criminals who sell them with the legislation significantly increasing the penalties available to the State Government when it comes to dealing with the illicit tobacco and vape market.
The legislation brings South Australia 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.
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.
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.
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
As put by Chris Picton
We are bringing in tough new penalties to take the fight up to the illicit vape and tobacco trade in South Australia.
There's no safe levels of smoking or vaping and these new laws will bring South Australia to the forefront of strong public health protections.
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.
As put by Andrea Michaels
We will not tolerate the threat posed to our community by the criminals involved in these illegal tobacco shops.
It's bad enough the damage they are willing to do to people's health but the escalation of arson and violence over the past few months is completely unacceptable.
We know that the illicit tobacco market is extremely lucrative and that's why it's attracted the attention of organised crime, who use the profits to fund other criminal activities including the importation of illicit drugs and firearms.
From today that is not the case, with the penalties no longer able to be dismissed as a slap on the wrist or the cost of doing business with fines of more than $1 million applicable.
The government will continue to raid these businesses, get these products off the streets and put these criminals out of business.
