South Australia Proposes Tough Laws to Combat Illegal Tobacco Trading

According to miragenews on August 28, the South Australian government has today introduced a new legislation proposal to the state parliament aimed at imposing the strictest penalties nationwide for illegal tobacco and e-cigarette sales. This is the state government's latest initiative to combat illegal tobacco and e-cigarette markets, as well as crimes targeting children.

This new state regulation aligns with strict national laws, prohibiting the retail supply of e-cigarettes and further banning the provision of prescription e-cigarettes to minors.

The new legislation also includes the following provisions:

Fines have increased for certain violations related to e-cigarettes, with penalties reaching up to 1.5 million Australian dollars (approximately 1.02 million US dollars); the sale of tobacco products through vending machines in public places is prohibited; supplying e-cigarettes to minors is banned, even if they are for therapeutic use; new products that serve as alternatives to e-cigarettes, such as nicotine pouches, can be prohibited; a five-meter smoke-free buffer zone is to be set up in public transport areas; authorities are empowered to control purchase operations in order to effectively monitor sales to minors.

The changes in penalties for corporate entities include:

Penalties for advertising tobacco products have increased from $10,000 to $750,000 for a first offense, with repeat offenses potentially reaching up to $1.1 million; selling without a license has also increased from $20,000 to $750,000 for a first offense, with a maximum of $1.1 million for repeat offenses; selling to minors now carries a maximum penalty of $1 million for a first offense, with repeat offenses reaching up to $1.5 million (previously $20,000 and $40,000); selling or possessing illegal tobacco for sale has increased from $50,000 to $750,000 for a first offense, with a maximum of $1.1 million for repeat offenses; and selling or possessing e-cigarettes or other prohibited products carries a maximum penalty of $750,000 for a first offense, with repeat offenses potentially reaching up to $1.1 million.

According to reports, since July 1, the Consumer and Business Services (CBS) has conducted a series of successful raids, leading to the seizure of illegal tobacco, e-cigarettes, and other tobacco products totaling $285,000 Australian dollars (approximately $190,000 USD). In response to the increasing severity of this illegal trade, the government has invested an additional $16 million Australian dollars to establish a dedicated task force within the Consumer and Business Services agency to strengthen enforcement of tobacco and e-cigarette product sales and licensing.

According to data, the percentage of secondary school students who have used e-cigarettes increased from 13.5% to 29.9% between 2017 and 2023. Among 15 to 29-year-olds in South Australia, the rate of e-cigarette use also significantly increased from 2.6% in 2014 to 8.4% in 2022, and nearly doubled to 15.1% in 2023.

Marina Bowshall, interim CEO of South Australia Health Prevention, stated that...

Our consultation on this legislation has shown that the community has significant concerns about the health effects of smoking and e-cigarettes, and strongly supports stricter regulations. Smoking has a devastating human cost, being a major factor in cancer, stroke, and heart disease, as well as a leading cause of hospital admissions in Australia. If we can help more people quit smoking and prevent the increase in e-cigarette use, our community will become healthier.