The new laws also give property owners options to cancel leases for businesses selling illegal products. Photo: Evgra Fovasa.
The South Australian Government has introduced new laws to crack down on the illegal tobacco and e-cigarette trade.
The new legislation was developed with Consumer and Business Services (CBS), Preventive Health SA and the South Australia Police.
The laws target illegal tobacco trading from multiple angles by:
- Expanding police powers.
- Increasing penalty levels and fines up to $6.6 million for the supply and possession of “commercial” quantities of illegal tobacco and vapes.
- Increasing information-sharing powers for enforcement operations.
- Wholesale creation of new offences for a person allowing a premises to be used for illegal conduct such as the sale of illegal tobacco.
Under the new laws, police will be able to undertake general drug detection, explosive searches and random weapon searches using detection dogs and metal detectors in locations suspected of illegal conduct relating to the tobacco trade as well as the trade of other illegal items.
The legislation means South Australia will have the strongest fines of any jurisdiction in the country for the supply and possession of ”commerical” quantities of illicit products.
“SAPOL (South Australia Police) has had input into the bill and suggested a range of legislative reforms we believe would substantially contribute to creating a hostile environment in South Australia for those who sell illicit tobacco and those who facilitate this activity, as well as giving Consumer and Business Services and police increased disruption powers,” Police Commissioner Grant Stevens said.
At the highest levels of possession, a first offence will carry a fine of $2.1 million, with a second offence resulting in a fine of $4.2 million. A body corporate will face an initial fine of up to $4.5 million and $6.6 million for a second charge.
The highest paid penalty currently in the act is up to $1.5 million for corporations and $700,000 for individuals.
The measures include a provision that allows owners to end a retail lease if a tenant has been issued a long-term closure order by authorities. A new offence will also be introduced to penalise owners or persons responsible for premises who actively allow their premises to be used for illegal conduct.
“Tackling the sale of illicit tobacco and vapes in South Australia is a whole-of-community effort,” Commissioner for Consumer Affairs Brett Humphrey said.
“Empowering landlords to terminate leases where the premises is subject to a long-term closure order is a significant step forward in cutting these dodgy retailers off at the very place they do business.
“Having the power to take action against those property owners or landlords who are complicit in this criminal activity will send a clear message – supporting the sale of illicit tobacco and vapes is not just bad for public health, it’s bad for business.”
The proposed amendments will apply to two acts: the Tobacco and E-Cigarette Products Act 1997 and the Retail and Commercial Leases Act 1995.
