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Latest tobacco, nicotine pouches, and vape news

New SA laws to crack down on illicit tobacco and e-cigarettes - 5 June 2025

Greater police powers, longer closure orders, new offences and harsher penalties for South Australian premises suspected of selling illegal tobacco and vapes became operational 5 June 2025.

The changes under the Tobacco and E-Cigarette Products Act 1997 (TEP Act) and Retail and Commercial Leases Act 1995 (RCL Act) also include new offences for someone who allows a premises to be used for illegal conduct and enhanced information sharing powers to support enforcement operations in communicating with owners, building managers and the public about alleged illicit activity on the premises. This will be an additional tool to assist the government in kicking dodgy tenants out and shutting these stores down for good.

New regulations also specify commercial quantities of prohibited products that carry the highest financial penalties of any Australian state or territory.

Previously, the highest penalties for possession offences in the TEP Act were up to $1.1m for corporations and $700,000 for an individual.

These new offences and increased penalties have been included in the summary of penalties.

Police are able to undertake general drug detection and random weapon and explosive searches in locations suspected of unlawful conduct relating to illicit tobacco, vapes and other prohibited products under the TEP Act.

Other changes extend long-term closure orders that can be sought through the Magistrates Court from six to 12 months. They also introduce a new short term closure order of 28 days – bolstering existing laws that already allow the Minister to order an interim three-day closure. CBS can also notify insurance companies of alleged illicit activity on premises.

• It is an offence to be on the premises while a closure order is in effect. You can apply for an exemption where special consideration may be warranted.
• If you are dissatisfied with an interim or short-term order that has been issued you can request a review of that decision.

New provisions in the RCL Act allow building owners to end a retail lease if the tenant has been issued a long-term closure order. Building owners, or a person responsible for a premises, who actively allow it to be used for prohibited conduct will also be subject to a new offence.

The Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Act 2025 further outlines the changes designed to tackle the uptake of smoking, address a surge in illicit tobacco and vape commercial activity and associated criminal activity.

South Australia's tobacco law changes - 2024

The June 2025 reforms follow a separate round of tougher controls and penalties relating to the sale and use of vapes and tobacco products in SA that mostly commenced on 28 November 2024.

The 2-step introduction started with:

• a big increase to penalties - up to $1.5 million (at that time)
• new authority to ban novel products
• a further vape ban - this time on selling them to minors, even with a prescription (from 1 February 2025)
• a ban on selling tobacco products by vending machine (from 1 February 2025)
• a 5-metre smoke-free buffer zone around covered public transport areas, such as bus stops.

Matters requiring more systems preparation commenced on 13 December 2024 with:

• the ability to close illicit tobacco stores for up to six months (now 12 months)
• new enforcement powers and processes for CBS officers to take action
• the authorisation of controlled purchase operations to gather evidence of unlawful sales to minors
• licensing changes that introduce tougher criminal history checks and the re-introduction of a wholesale licence.

From 30 January 2025, nicotine pouches were prohibited under South Australian legislation:

• nicotine pouches are subject to similar controls as illicit tobacco and e-cigarette products
• authorised officers can seize and enforce fines for up to $1.5 million for some breaches
• higher penalties for seizure of commercial and large commercial quantities apply under new offences introduced on 5 June 2025.

Details about implementation of the Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Act 2024 (external site) (external site) are available on CBS' Tobacco Law Changes webpage (external site) and Tobacco licensing changes.

National reforms

The Australian government updated national laws for tobacco and other products on 1 April 2025.

Retailers must ensure they only sell goods that comply with the new health requirements - affecting taste, name, size, packaging, labelling and health information by 1 July 2025.

Consumers can also read more about the changes on the Department of Health, Disability and Ageing website.

Vape ban

A national ban on the sale of vapes, except by pharmacies commenced 1 July 2024.

The Therapeutic Goods Administration (TGA) vaping hub (external site) (external site) (external site) details the change along with Possession and supply of vaping goods in Australia guidance (external site) (external site) (external site).

The Australian Government released a simpler Vaping reforms: Information for retailers fact sheet in August 2024. It detailed the vape ban, possession restrictions, business surrender scheme and penalties.

Read more at Tobacco laws for sale and supply.

See more retail tobacco licence information in the links list below.

Background - tobacco responsibilities transition to CBS 1 July 2024

Consumer and Business Services has been responsible for the licensing and enforcement of the sale and supply of tobacco and vapes in South Australia since 1 July 2024.

Preventive Health SA continues its role formulating policy and health messages regarding vapes and illegal tobacco, while SA Health oversees enforcement relating to use of tobacco and vapes in public places.

CBS’ commencement of the licensing and enforcement functions provide:

• more modernised systems for processing licence applications and payments
• new levels of scrutiny when assessing licence applications
• a team of officers tasked with ensuring existing licensees comply with the law
• more resourcing for systematic pursuit of illegal sales.

See more in the Tobacco and vapes changes in SA fact sheet.

Why?

A surge in reports of illegal tobacco and vaping products sold in South Australia prompted the creation of specifically tasked licensing and enforcement teams to zero in on the associated threat to the health of South Australians and to promote compliance with the law.

The state government has allocated $16 million over four years to this work, prompted by a rapid increase in vaping among young people and seizure of illegal vapes in SA. Read more in the news announcement.

Licensee information

Let CBS know if your contact details need updating to ensure you don’t miss an email about annual return requirements and other important information.

All applications and annual return submissions are via an online smart form.

Licensing enquiries can be made with occupational@sa.gov.au, www.cbs.sa.gov.au or 131 882.

More retail tobacco licence information