New SA illicit vape and tobacco fines are the harshest in the nation
New South Australian laws will give police greater powers to crack down on activities linked to the illicit tobacco and vape trade, while associated monetary penalties will be the harshest in the country.
The state government today announced new laws that could see companies dealing in the illicit tobacco and vape trade fined up to $6.6 million; penalties health minister Chris Picton said were the “strongest in the country”.
The legislation – developed in partnership with Preventative Health SA, Consumer and Business Services (CBS) and South Australia Police (SAPOL) – also give police greater enforcement powers and creates new offences for individuals who allow premises to be used for the sale of illicit vapes and tobacco.
The fines are the harshest of any state or territory in Australia for supplying or possessing “commercial” or “large commercial” quantities of prohibited products.
Anyone in possession of a large commercial quantity will face a fine of up to $2.1 million for a first-time offence and up to $4.2 million for a second or subsequent offence.
A body corporate will face an initial fine of up to $4.5 million and then $6.6 million for a second or subsequent offence of the same type.
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These fines are up from $1.5 million for corporations and $700,000 for individuals currently able to be imposed under the Tobacco and E-Cigarette Products Act 1997 and Retail and Commercial Leases Act 1995.
Police will also be able to undertake drug detection and random weapon and explosives searches – including the use of dogs and metal detectors – in locations suspected of unlawful conduct relating to illicit tobacco or vapes.
Minister Picton said organised crime and the illegal trade of illicit tobacco and vapes was threatening to undo the work public health had done in reducing the rate of smoking in the community.
“Having cheap, illicit tobacco and illicit vapes available across the community is a risk to public health, and that’s why we’re taking it extremely seriously as a state government,” Picton said.
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“These measures will be the strongest in the country, having the highest penalties of anywhere in Australia for commercial sales and commercial quantities of these illegal products.”
Consumer and business affairs minister Andrea Michaels said that between CBS’ taskforce and SAPOL’s Operation Eclipse more than $18 million of illegal product had been confiscated to date, and that she had issued 19 short-term closure orders to businesses.
“We are certainly seeing the benefits of that,” she said.
“We don’t underestimate the challenge that’s involved in this. We know organised crime gangs are involved in the trade of illicit tobacco and vapes. That’s why we are working across government to make sure we are cracking down on this and will continue to do so.”
Police commissioner Grant Stevens said that the harsher penalties would “send a strong message”.
“We have seen there was a shift away from commodities such as a illicit drugs to something that has a lower penalty regime if you’re caught, so by increasing the penalties there is a level of deterrence,” he said.
“But it’s also about the powers we have to infiltrate this market and disrupt it as much as we can.”
