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Latest tobacco, nicotine pouches, and vape news

South Australia's tobacco law changes commence

Tougher controls and penalties relating to the sale and use of vapes and tobacco products in SA mostly commenced on 28 November 2024.

The 2-step introduction started with:

  • a big increase to penalties - up to $1.5 million
  • new authority to ban novel products
  • a further vape ban - this time on selling them to minors, even with a prescription (must comply by 1 February 2025)
  • a ban on selling tobacco products by vending machine  (must comply by 1 February 2025)
  • a 5-metre smoke-free buffer zone around covered public transport areas, such as bus stops.

Matters requiring more systems preparation commenced on 13 December 2024 with:

  • the ability to close illicit tobacco stores for up to six months
  • new enforcement powers and processes for CBS officers to take action
  • the authorisation of controlled purchase operations to gather evidence of unlawful sales to minors
  • licensing changes that introduce tougher criminal history checks and the re-introduction of a wholesale licence.

From 30 January 2025, nicotine pouches are prohibited under South Australian legislation:

  • nicotine pouches are subject to similar controls as illicit tobacco and e-cigarette products
  • authorised officers can now seize and enforce fines for up to $1.5 million for some breaches.

The enforcement powers and processes applied are in line with those CBS has under other state laws and strengthen the ability to take action against illegal sellers and suppliers.

Further progress with implementation of the Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Bill 2024 (external site) (external site) is available on CBS' Tobacco Law Changes webpage (external site) and Tobacco licensing changes.

National vape ban

A national ban on the sale of vapes, except by pharmacies commenced 1 July 2024.

The Therapeutic Goods Administration (TGA) vaping hub (external site) (external site) (external site) details the change along with information for those affected.

A Business surrender scheme – requiring notification by 1 September 2024 - has also been detailed in the TGA’s Possession and supply of vaping goods in Australia guidance (external site) (external site) (external site) (see page 17).

The Australian Government has released a simpler Vaping reforms: Information for retailers fact sheet in August 2024. It details the vape ban, possession restrictions, business surrender scheme and penalties.

Read more at Tobacco laws for sale and supply.

See more retail tobacco licence information in the links list below.

Background - tobacco responsibilities transition

Consumer and Business Services has been responsible for the licensing and enforcement of the sale and supply of tobacco and vapes in South Australia since 1 July 2024.

Preventive Health SA continues its role formulating policy and health messages regarding vapes and illegal tobacco, while SA Health oversees enforcement relating to use of tobacco and vapes in public places.

CBS’ commencement of the licensing and enforcement functions provide:

  • more modernised systems for processing licence applications and payments
  • new levels of scrutiny when assessing licence applications
  • a team of officers tasked with ensuring existing licensees comply with the law
  • more resourcing for systematic pursuit of illegal sales.

See more in the Tobacco and vapes changes in SA fact sheet.

Why?

A surge in reports of illegal tobacco and vaping products sold in South Australia prompted the creation of specifically tasked licensing and enforcement teams to zero in on the associated threat to the health of South Australians and to promote compliance with the law.

The state government has allocated $16 million over four years to this work, prompted by a rapid increase in vaping among young people and seizure of illegal vapes in SA. Read more in the news announcement.

Licensee information

Let CBS know if your contact details need updating to ensure you don’t miss an email about annual return requirements and other important information.

All applications and annual return submissions are via an online smart form.

Licensing enquiries can be made with occupational@sa.gov.au, www.cbs.sa.gov.au or 131 882.

More retail tobacco licence information