New laws on illegal tobacco and vape sales

Police established a crime scene outside the shop on August 9, 2024

Member for Gosford Liesl Tesch has welcomed the State Government’s tough new laws to crack down on the sale of illicit tobacco and illegal vaping goods.

The laws were introduced to parliament on August 6, with new penalties announced for retailers selling without a license.

The Government also unveiled new penalties for selling tobacco without a licence.

This will now carry a maximum penalty of $660,000 for an individual or $880,000 for a corporation.

The amendments form part of the NSW Government’s commitment to protecting the community from the harms of tobacco and vapes, and will include: a new offence for the commercial possession of illicit tobacco with a maximum penalty of over $1.5M and seven years’ imprisonment; the introduction of short-term (up to 90 days) and long-term (up to 12 months) closure orders for premises selling illicit tobacco, illegal vaping goods, or selling tobacco without a licence; new offences and penalties for anyone who breaches these closure orders, including for entering closed premises or selling products from closed premises; new lease termination powers for landlords where a closure order is in place; and new nation-leading offences for falsely claiming to be licensed, resisting seizure, and attempting to retake seized products.

The Government will also commence a targeted consultation on a new offence for landlords who knowingly lease their premises to illicit tobacco and vape suppliers.

These new penalties and offences will complement the tobacco licensing scheme which came into effect from July 21.

The scheme ensures accurate information is collected on tobacco retailing and wholesaling activities in NSW to support enforcement efforts, deter tobacco retailing businesses from operating outside of the law and provide greater oversight of the tobacco retail industry.

If an applicant has been found guilty of an offence relating to the sale or supply of tobacco or vaping goods, they could be refused a licence to sell these products.

From January 1-March 31, NSW Health inspectors on the Central Coast seized more than 300,000 cigarettes, 35kg of other illicit tobacco products and over 3,200 vapes, nicotine e-liquids and pouches, with an estimated street value of over $420,000.

“I share our community’s concerns about the prevalence of illegal tobacco and vapes in our community,” Tesch said.

“The NSW Government is cracking down on dodgy operators, introducing tough new laws to disrupt this criminal business model.

“We are introducing harsher penalties for those who sell illegal products, while giving enforcement officers the ability to shut down stores doing the wrong thing, cutting off this illicit behaviour at its source.

“I continue to encourage our community to be the eyes and ears on the ground.

“If you see something that concerns you, make a report to NSW Health.

“Working together, we can support healthy outcomes for our community.”

Community members who suspect a retailer is selling illegal tobacco or vapes are encouraged to lodge a complaint through NSW Health’s online complaints portal at www.health.nsw.gov.au/tobacco/Pages/let-us-know-reports-complaints.aspx.

1 Comment on "New laws on illegal tobacco and vape sales"

  1. reduce the ridiculous amount of tax on cigarettes this created the illegal tobacco trade

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