Guide for selling tobacco

Consumer and Business Services has produced A guide for selling tobacco products in South Australia. The summarised information should not be used as a substitute to meet obligations for compliance with relevant laws.

Commonwealth laws banning vape sales other than in pharmacies

New Commonwealth Government reforms banning the retail sale of vapes other than in pharmacies from 1 July 2024 were passed by the Parliament of Australia on 27 June 2024.

This means from 1 July 2024 retail tobacco licences issued in South Australia no longer permit the sale of e-cigarette products because the Commonwealth law overrides South Australia’s Tobacco and E-Cigarette Products Act 1997 (external site) (TEP Act) in relation to the retail sale of vapes. Penalties will apply.

Licences still continue to permit the sale of tobacco products.

The Therapeutic Goods Administration (TGA) has full details of the changes and current laws, including strict import restrictions, on its website at www.tga.gov.au/products/unapproved-therapeutic-goods/vaping-hub/reforms-regulation-vapes (external site).

Vapes sold in pharmacies remain subject to quality and product standards including plain packaging, maximum nicotine concentration levels and continue to only be available in mint/menthol and tobacco flavours.

It follows an Australian Government announcement on 2 May 2023 of a range of national initiatives (external site) to address e-cigarette use, including stopping the importation of recreational vaping products. Further legislation was introduced (external site) to the Parliament of Australia on 21 March 2024.

All licence holders are reminded about their obligation to comply with all current laws applicable to the occupation and operation of their business, including relevant state and federal legislation.

Commonwealth's new requirements for tobacco products

The Australian government updated national laws for tobacco and other products on 1 April 2025 and retailers must only sell goods that comply by 1 July 2025.

The new health requirements affect taste, name, size, packaging, labelling and health information of tobacco products. Penalties for sale of outdated stock will apply.

South Australian law

In South Australia the sale, supply, promotion and use of tobacco and e-cigarettes is regulated by the Tobacco and E-Cigarette Products Act 1997 (external site) (TEP Act).  Holders of a Retail Tobacco and E-Cigarette Merchant's Licence must adhere to the relevant sections of the TEP Act, the Tobacco and E-cigarettes Products Regulations 2019 (external site) (PDF) and the licence conditions.

Retailers can find information on the following:

Exemptions for the sale or supply of lawfully prescribed nicotine

The national classification of nicotine in the Poisons Standard (external site) clarifies the regulation of nicotine as a Schedule 4 Prescription Only Medicine. This means that consumers will require a prescription to legally access nicotine-containing e-cigarettes and nicotine vaping products for any purpose.

To support the lawful sale or supply of nicotine as a Schedule 4 Prescription Only Medicine, the Government of South Australia has issued a Proclamation (external site)to exempt pharmacists and medical practitioners from certain offences under the e-cigarette laws to ensure they can sell or supply nicotine-containing e-cigarette products, without committing these offences. Read more about this under exemptions for the sale or supply of lawfully prescribed nicotine page.

Businesses where waterpipe products including shisha and hookahs, are sold or used

Water pipe smoking is a traditional method of smoking tobacco around the world, with a variety of types and names including shisha and hookah. Shisha tobacco is included under the definition of 'tobacco product' in the TEP Act (external site). Even shisha that does not contain tobacco is classified as a 'tobacco product' under the Act.

All businesses that sell shisha products must hold a current Retail Tobacco and E-Cigarette Merchant's Licence. Learn more about this on the requirements for retail sale of tobacco products page.

The smoking of waterpipes cannot occur in enclosed areas or in outdoor areas where outdoor dining laws apply. These are the same laws that apply for tobacco products.

Failure to comply with relevant laws will result in penalties and/or loss of licence.

Plain packaging and illicit tobacco laws - changes in 2023

On 31 August 2023, South Australian laws changed to address the illicit trade of tobacco in South Australia. These new laws allow for suppliers and sellers of illicit tobacco products to be prosecuted under the South Australian Tobacco and E-Cigarette Products Act 1997 (The TEP Act).

The Public Health (Tobacco and Other Products) Act 2023 (Cth) created offences under the South Australian TEP Act in relation to the sale, supply, and possession (for the purpose of sale) of illicit tobacco products in South Australia.

The Act now prohibits:

  • the supply or sale of tobacco products in South Australia that do not meet the prescribed plain packaging and health warning requirements under Commonwealth legislation, which includes the requirements of the Commonwealth's Public Health (Tobacco and Other Products) Act 2023 and the Public Health (Tobacco and Other Products) Regulations 2024.
  • the supply or sale of tobacco products that are prohibited goods or have not had the required excise duty paid as per the Commonwealth Customs Act 1901 and Excise Act 1901.

These laws provide South Australian authorised officers under the Act, including police officers, with extra powers to enforce laws relating to the supply and sale of illicit tobacco products in South Australia.

Click here for an explanation of What is an illicit tobacco product?

Tobacco and vape reporting form – feedback or complaints

You can complete the online Tobacco and vape reporting form (external site) to provide feedback or make a complaint related to:

  • the illegal sale of vape products (eg any sale other than within a pharmacy, sales to a minor, unlicensed business)
  • the illegal sale of tobacco products (eg chop chop, sale to a minor, unlicensed business)
  • advertising and promotion
  • display of tobacco products at point of sale
  • packaging.

Dob in illicit supply

If you suspect a retailer of selling or supplying tobacco or e-cigarette/vape products illegally you can make a report to Consumer and Business Services (external site).  

Further information

For further information on tobacco retail licensing contact the licensing team on occupational@sa.gov.au, for sale and supply contact Consumer and Business Services or 131 882.