More reforms reinforcing South Australia’s tobacco laws commenced on 5 June 2025.

They include:

• greater police powers
• longer closure orders
• new offences
• harsher penalties for South Australian premises suspected of selling illegal tobacco and vapes.

Under the changes to laws governing both tobacco and commercial leases, new offences target owners who knowingly allow a premises to be used for illegal conduct as well as anyone found on a premises while a closure order is in effect (some exemptions apply).

Building owners and tenants subject to the closure order now also have the explicit authority to terminate a retail lease if the tenant has been issued a long-term closure order.

Information sharing powers also support enforcement operations in communicating with building owners, managers and the public, including insurers 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.

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 Tobacco and E-Cigarette Products Act 1997 (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.

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.

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.

Past changes

Previous strengthening of South Australia's tobacco laws commenced on 28 November 2024.

The big increases to penalties – up to $1.5 million - coincided with a new authority to ban novel products that are marketed as containing nicotine or as an alternative to smoking.

Pharmacists had to comply with the new ban on supply of vapes to minors (under 18) - even by prescriptions - from 1 February 2025.

Similarly, licensees needed to comply with the ban on vending machine sales of tobacco products by 1 February 2025.

Matters requiring more systems preparation that commenced 13 December 2024 were:

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

Further changes implemented by Preventive Health SA include:

• creation of a 5-metre buffer zone around smoke-free areas at covered public transport areas
• Increasing the time frame for short-term smoking bans so more events can be declared smoke or vape-free.

CBS' Tobacco licensing changes webpage and FAQs outlines details for licence holders, complementing the further information below.

Penalties - 28 November 2024

The significant increase in penalties targeted at suppliers and commercial actors in the supply chain of illicit tobacco and vapes included:

• advertising tobacco products – increase from $10,000 to $750,000 (first offence) or $1.1 million for subsequent offences
• selling without a licence – increase from $20,000 to $750,000 (first offence) or $1.1 million for subsequent offences
• sales to a minor – up to $1 million for a first offence and $1.5 million for subsequent offences (up from $20,000 and $40,000)
• sales of illicit tobacco or possession for the purpose of sale – increase from $50,000 to $750,000 (first offence) or $1.1 million for subsequent offences
• new offences for the sale or possession for the purpose of sale of e-cigarettes or other prohibited products up to $750,000 for the first offence and $1.1 million for subsequent offences.

See more details of new offences and increased penalties in this summary of new and increased penalties.

Powers enabling novel product bans - 28 November 2024

A new power allowed the Minister to declare a ban on nicotine pouches.

Small nicotine pouches had hit the youth market, containing a synthetic nicotine and other ingredients like sweeteners or flavours to be placed between the lip and the gum.

In a future proofing step, it also enables the banning of any other novel nicotine products that may emerge in the future.

Vapes and minors - 28 November 2024 (compliance by 1 February 2025)

The changes go a step further than the new national vape ban by introducing SA’s own ban on vapes to minors – even by prescription – along with tough new penalties.

This also covers possessing them for sale.

Vending machine ban - 28 November 2024 (compliance by 1 February 2025)

New laws banning the sale of tobacco products by vending machine followed a grace period that gave industry until 1 February 2025 to comply.

Closing illicit tobacco shops - 13 December 2024

Ministerial powers can shut down a premises if they suspect that illicit tobacco products or vapes are being sold or supplied on site.

The initial order can apply for 72 hours (or 28 days following changes on 5 June 2025) with Magistrates able to make longer term orders of up to six months. These were extended to 12 months under the changes that commenced on 5 June 2025.

Any business that violates such an order can attract a penalty of up to $1.1 million and an individual up to $700,000.

Controls on sale and supply - 13 December 2024

New enforcement powers and processes – in line with those CBS has under other state laws – strengthen CBS' ability to take action against illegal sellers and suppliers.

From 13 December 2024 provisions include licence extensions and conditions as well as the seizure and destruction of items.

CBS is able to provide compliance directions and embargo notices and accept enforceable voluntary undertakings to ensure compliance with the law. There are significant penalties for non-compliance with these directions.

Controlled purchase operations - 13 December 2024

The authorisation of controlled purchase operations support potential operations for monitoring compliance of alleged illicit tobacco and vape sales including to minors (not aged under 16 and only with parental support).

Licensing changes - wholesale - 13 December 2024

A re-introduced wholesale tobacco licence category requires all those supplying to retailers in SA to have a licence.

All wholesalers were given 6 months between 13 December 2024 and 13 June 2025 to become licensed. Failure to do so could result in significant penalties.

Wholesalers must meet ‘fit and proper person’ requirements.

Further details are on the Tobacco licensing changes webpage and FAQs. Visit www.sa.gov.au/tobacco to apply.

Licensing changes - retail - 13 December 2024

Retail Tobacco Licence holders also require tighter ‘fit and proper person’ checks.

Law abiding retailers and wholesalers can verify each other’s licence, using the public CBS Licensing Register, creating another barrier to illegal sales.

Licences due to expire after 13 December 2024, were extended to November 2025. You will receive communications from CBS at least 4 weeks prior to the new expiry date.

Note: a new Proof of age - A4 sign, required by law to be displayed at point of tobacco sale, was updated on 13 December 2024. This must replace the version you should have already been displaying in store.