Tobacco product is defined under the Tobacco and E-Cigarette Products Act 1997 as any of the following:

• a cigarette
• a cigar
• cigarette or pipe tobacco
• shisha tobacco
• tobacco prepared for chewing or sucking
• snuff
• any other product, of a kind prescribed by regulation, that is comprised of or contains tobacco
• any product (other than an e-cigarette product) that does not contain tobacco but is designed for smoking, and includes any packet, carton, shipper or other device in which

Matches and cigarette lighters are not tobacco products and therefore are not prohibited for sale under the Act.

E-cigarette is defined under the Tobacco and E-Cigarette Products Act 1997 as:

• a device that is designed to generate or release an aerosol or vapour for inhalation by its user in a manner similar to the inhalation of smoke from an ignited tobacco product; or
• a device of a kind declared by the Minister by notice in the Gazette to be an e-cigarette.

An illicit tobacco product means a tobacco product under the Tobacco and E-Cigarette Products Act 1997 that does not comply with any of the following requirements:

• plain packaging or health warning requirements under the Tobacco Plain Packaging Act 2011 (Cth)
• other requirements prescribed by State regulation
• is a prohibited good as per the Customs Act 1901 (Cth)
• is prohibited for commercial possession and sale, other than in a pharmacy, as per the Therapeutic Goods Act 1989 (Cth)
• is an excisable good as per the Excise Act 1901 (Cth) on which excise duty has not been paid

Illicit tobacco includes:

• tobacco sold without branding, either loose (known as ‘chop chop’) or rolled up into cigarettes
• contraband cigarettes, which are produced by legitimate manufacturers, but on which excise, customs duty and/or GST has not been paid
• counterfeit cigarettes produced to appear like those produced by registered manufacturers.

The production and sale of illicit tobacco in South Australia may result in required health warning messaging to be missing from tobacco packages. Additionally, illicit tobacco that has evaded the excise taxation scheme can be cheaper than legal tobacco, which can lead to increased consumption, undermining the downward trend in smoking prevalence and increasing smoking-related harm.

A copy of your Retail Tobacco and E-Cigarette Merchant’s Licence must be displayed in a prominent place in close proximity to each point of sale where tobacco is sold (including vending machines). It must be placed in a manner and position that is likely to attract the attention of customers purchasing tobacco products.

The A4 sign titled Sale of Tobacco Products and E-Cigarette Products is required to be displayed in a manner and position that is likely to attract the attention of the customer, near the point of sale (including a vending machine).

Not displaying this sign can incur a maximum penalty of $1250 or an expiation fee of $160.

For more information, visit the tobacco signage page.

Tobacco retailers without a liquor licence are permitted one tobacco point of sale. Those retailers with an existing liquor licence can have up to five points of sale for tobacco purchases.

For more information on tobacco points of sale, see the Point of Sale restrictions for tobacco retailers page.

All people selling tobacco products need to be given adequate training on how to avoid selling tobacco products to children. This includes training any relatives or friends who might occasionally work in the business as well as paid employees.

Proprietors should ensure that all staff know:

• what procedures they should follow if a customer becomes difficult when asked to produce ID. Role-playing some of the situations that might arise can assist staff in this area
• the penalties associated with selling cigarettes or e-cigarettes/ vapes to a child
• staff should be regularly reminded about these procedures. Some employers find it helpful to develop a store policy and procedure. See the fact sheet for an example of a store policy, employee pledge and an employee procedure (DOC 101KB) you can implement.

For more information on selling tobacco to minors, see the sale of tobacco to minors page.

A person must not sell a tobacco product by retail if the order for the tobacco product was placed by mail, telephone, facsimile transmission or internet or other electronic communication.

Businesses outside of South Australia that are carrying on a business of selling tobacco products by retail in South Australia are required to comply with South Australian legislative requirements.

The ban does not prevent retailers from ordering stock from wholesalers by any indirect manner.

A specialist tobacconist is defined as a person who sells tobacco products by retail in a premises and:

• in the case of a business that has been trading for a period of more than one financial year, the gross turnover of all tobacco products sold at the premises constitutes 80 per cent or more of the gross turnover of all products sold at the premises during the immediately preceding financial year; or
• in any other case - the period for which the business has been trading, the gross turnover of all tobacco products sold at the premises constitutes 80 per cent or more of the gross turnover of all products sold at the premises.

All tobacco vending machines placed into operation (no matter where they are located within the licensed premises) must have an appropriate staff intervention mechanism and correct signage.

For more information on vending machines and dispensing machines, see the tobacco vending machines page.

Note: Retailers are not permitted to sell e-cigarettes and e-cigarette products by vending machines.

Retailers must not, in connection with the sale of a tobacco product, or for the purpose of promoting the sale of a tobacco product provide or offer to provide a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit.

The ban only applies to the accrual of reward points. Credit card reward points, gift cards and vouchers can still be used to purchase tobacco products.

The maximum penalty for contravening this law is a fine of $5,000.

The Tobacco and E-Cigarette Products Regulations 2019 bans the display of fruit and confectionery flavoured cigarettes at the point of sale. This includes price boards and price tickets.

Fruit and confectionery cigarettes are defined as cigarettes that possesses, or the smoke of which possesses, a distinctive fruity, sweet or confectionery-like character; and that is advertised in a way that might encourage young people to smoke but does not include a cigarette the flavouring of which is primarily of a menthol character.

Tobacco and E-Cigarette Product Regulations 2019 clarify that an e-cigarette liquid is an e-cigarette product.

According to the Regulations, the following products are included as a prescribed ‘e-cigarette product’ under section 4(1) of the Act:

• an e-cigarette liquid
• a constituent substance of an e-cigarette liquid.

This means that offences such as the prohibition on all retail sales, advertising and display at the point of sale, as well as the prohibition on indirect (including online) sale, apply to e-cigarette liquids. This includes liquid flavours.

E-cigarette retailers need to comply with these changes when selling e-cigarette liquids, ensuring flavours are not displayed.

The Regulations also include the definition of an ‘e-cigarette liquid’, which is ‘a liquid of a kind designed or intended for use in an e-cigarette’.

Under the Tobacco and E-Cigarette Product Regulations 2019, the sale of cigarette packets that hold any less than 20 cigarettes or which are designed to be, or are readily able to be, divided into portions that contain less than 20 cigarettes each, are prohibited

All activities intended to publicise or promote the purchase or use of tobacco products are banned. Items such as tobacco branded posters or signs, bunting, light boxes, clocks, counter mats and other advertising and promotional material must not be displayed.

It is illegal to sell goods that are designed to resemble tobacco products, such as toy cigarettes and confectionery, as these are seen as promoting smoking to children.

Information about the requirements regarding the packaging or labelling of cigars for sale can be obtained from the Australian Competition and Consumer Commission.