These FAQs have been developed to address common questions that may arise from licensees and those having to work within tobacco laws.

The information is provided as a simple guide that does not substitute obligations detailed in the Tobacco and E-Cigarette Products Act 1997 (external site) (the Act) or associated regulations.

Requirements of retailers

Do I need to display a new proof of age sign?

Yes. The former sign became outdated in December 2024 and should be replaced with the latest version from www.cbs.sa.gov.au/tobacco-signs to ensure compliance with the conditions of your licence under the Act.

Do I need to replace my displayed licence just because the expiry date is being extended?

Yes. You must display proof of a current licence.

Consumer and Business Services (CBS) enforcement officers have also been made aware that all retail licences originally expiring after 12 December 2024 are being extended to November 2025.

To access your licence, use this Licence Search (external site) link. You will need your licence number and unique client ID.

Don’t have your client ID? Use the Retrieve Client ID (external site) link – details will be sent to your recorded email address.

Need to update your contact details? Email occupational@sa.gov.au.

Retail licensing

My licence is due to expire. What do I need to do?

Licences expiring before 13 December 2024 had to be renewed using the personalised renewal application link supplied. If you’ve misplaced this, contact occupational@sa.gov.au or 131 882.

Expiring after 13 December 2024 – the expiry date was extended to November 2025. Note the need to download and display your updated licence certificate. You will receive communications from CBS at least 4 weeks prior to the new expiry date.

Do I need to do anything now?

If your licence was due to expire on or after 13 December 2024, no immediate action is required other than the requirements first listed on this page.

Need to update your contact details? Email occupational@sa.gov.au.

What checks do I need to meet?

CBS must confirm the applicant is a fit and proper person to hold the licence.

If the applicant is a trustee of a trust or corporate entity, we must confirm that each person occupying a position of authority is fit and proper to occupy such a position in a licence holding entity.

Each new applicant for a retail licence will undergo screening by South Australia Police before a licence is granted and there will be ongoing monitoring for current licensees. Consideration will be given if any concerns are raised. You may not be found to be a fit and proper person to hold a tobacco licence if you are:

  • found guilty of a prescribed offence (e.g. offences relating to violence, serious and organised crime, fraud, dishonesty, or tax/customs evasion)
  • a member or close associate of a member of a prescribed organisation (e.g. Outlaw Motorcycle Gang)
  • insolvent under administration.

The law details these in section 5A of the Act which also references:

A conviction under the Act for selling unlicensed will also prevent the granting of a tobacco licence in future.

Will the cost of a licence change?

The cost of a Retail Tobacco Licence for the 2024-25 financial year remained at $340 but was subject to annual indexation at the approved rate applied to all government fees and charges.

The new Wholesale Tobacco Licence cost $650 in 2024-25 and was also subject to annual indexation at the approved rate.

Current Retail Tobacco Licence holders whose business better aligns with the Wholesale Tobacco Licence will notice a difference in cost between the two licenses. This takes into consideration the additional administrative processing required for the Wholesale Tobacco Licence.

However, if you sell to retailers in addition to consumers, you will be required to hold two licences. You will need to apply for a separate wholesale licence in addition to your retail licence.

What is required in a retailer's annual return?

The information required as part of the annual return process is at the discretion of the Commissioner for Consumer Affairs. Information likely to be reported on includes:

  • the business or trading name
  • any address for service or other email address, telephone number or street or postal address
  • changes to the circumstances of persons listed on the licence that may affect their fit and proper status since the last annual return (also required to be reported within 14 days of a change in circumstance, per section 12 of the Act)

An annual licence fee is also due at the time of lodging an annual return for continued licensing.

Wholesale licensing

What will a Wholesale Tobacco Licence cost?

$650 in 2024-25, then subject to annual indexation at the approved rate.

What checks apply to tobacco wholesale licensees?

The same as those referred to for retail licensees above.

What is required in a wholesaler's annual return?

The information required as part of the annual return process is at the discretion of the Minister for Health and Wellbeing. Information likely to be reported on includes:

  • the business or trading name
  • any address for service or other email address, telephone number or street or postal address
  • changes to the circumstances of persons listed on the licence that may affect their fit and proper status since the last annual return (also required to be reported within 14 days of a change in circumstance, per section 12 of the Act)
  • information to be kept by the licence holder to meet requirements of Regulation 3B of the Tobacco and E-Cigarette Products Regulations 2019 (external site), also explained below.

An annual licence fee is also due at the time of lodging an annual return for continued licensing. Failure to comply will result in the licence being cancelled.

What sales records do wholesalers need to keep?

These will be detailed in a template supplied by CBS on which to record for lodgement with your annual return from June 2026.

Data must be supplied for the 12 months to June 2026.

It will include for each sale/supply of tobacco products made by the licensee the:

  • name and address of each purchaser
  • ABN (if in Australia) of each person purchasing
  • type and brand of tobacco product sold to each person
  • quantity (identified by type and brand) of tobacco product sold to each person
  • date
  • unit price and total price relating to each sale.

These are detailed in Regulation 3B(a) linked above.

What purchase records do wholesalers need to keep?

These will also be detailed in a template supplied by CBS on which to record for lodgement with your annual return in June 2026.

Data must be supplied for the 12 months to June 2026.

It will include for each purchase of tobacco products made by the licensee the:

  • name and address of each purchaser
  • ABN (if in Australia) of each person purchasing
  • type and brand of tobacco product sold to each person
  • quantity (identified by type and brand) of tobacco product sold to each person
  • date
  • unit price and total price relating to each sale.

These are detailed in Regulation 3B(b) linked above.

Do I need to apply each year?

No. Similar to other licences managed by CBS, licences will no longer expire. Licensees will instead be required to complete an annual return and pay the annual fee. Failure to lodge an annual return by the time provided for in your renewal notice will result in licence cancellation.

Do I need this licence if I already have a retail licence?

Yes, if selling to consumers and retailers you need to hold both a retail licence and a wholesale licence.

New offences and penalties

Have penalties increased?

New offences introduced to tobacco laws in South Australia and the existing offences all include significant penalties for breaches.

This reflects the Government of South Australia’s commitment to deter and reduce illegal activity.

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

What are the new offences?

New offences have been included to incorporate the national vape ban into South Australian laws with new offences included banning the possession, sale or supply of vape products.

Further offences included relate to the sale and supply of tobacco and vape products to children and trading in commercial quantities of illicit product. These have the highest penalties, to reflect the serious nature of the offences.

See more details of new offences in this summary.

Will I be penalised for possessing products that I purchased for personal use?

No, whilst the sale and supply of prohibited products is a breach of the new laws, a purchaser will not be committing an offence.

Despite this, if found to be in possession of such products, in the absence of proof to the contrary, it will be assumed the products are being possessed for the purpose of sale.

Possession for sale or supply?

Without proof to the contrary, a person is regarded to potentially have possession of products for the purpose of sale, and therefore require a licence, if they have the quantities as defined in the Act and corresponding regulations

Vape products

  • 2 vapes
  • 60ml or more of vape liquid, and  
  • 4 or more other vape products

Tobacco products

  • 50 cigarettes
  • 50g or more of a prescribed tobacco product

Is our cigarette dispensing/vending machine allowed?

The ban on tobacco vending machines from 1 February 2025 also includes machines that may be behind counters or only accessed by staff using a token. A vending machine is defined in the Act as a ‘device from which a product can be obtained by the use of a payment card or the insertion of a coin, banknote or token’. See more on the Tobacco vending machines webpage.

Enforcement options

How can the government close my tobacco sales facility?  (Interim closure order)

Powers first commenced 13 December 2024 allowing the Minister for Consumer Affairs to give notice in writing of an interim closure order of a premises for 72 hours.

Additional powers from 5 June 2025 allow for the Minister for Consumer Affairs to issue a 28-day short term closure order.

This can be issued on reasonable suspicion that illicit tobacco or vape products are being sold or supplied at the premises; or that legal products are being unlawfully sold or supplied.

On closure, a notice is provided to anyone apparently in charge of the premises and posted in a conspicuous place – whether it be fixed or mobile premises (such as a vehicle).

More details are available in section 69CB of the Act.

Any business that violates such an order can attract a penalty of up to $1.1 million and an individual can attract a penalty of up to $700,000. The government may also contact your landlord or their insurance company to notify them that an alleged breach of the Tobacco and E-Cigarette Products Act 1997 has taken place on the premises.

Tobacco and vape products cannot be sold from a closed premises while the order applies. It is also an offence for a person to be on the premises while a closure order is in effect (some exemptions apply).

Can a tobacco sales facility be closed for up to 12 months? (Long term closure order)

The Minister for Consumer Affairs can apply to a Magistrate for a long-term closure order for a premises suspected of selling illicit tobacco or vapes of up to 12 months. This was initially six months before tobacco law changes on 5 June 2025.

An application must be given to the owner of the premises if reasonably practical to do so.

On closure, a notice will be provided to the owner if reasonably practical to do so and posted in a conspicuous place – whether it be fixed or mobile premises (such as a vehicle).

More details are available in section 69CC of the Act.

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

Tobacco and vape products cannot be sold from a closed premises while the order applies. It is also an offence for a person to be on the premises while a closure order is in effect (some exemptions apply).