Changes to South Australia’s tobacco licensing laws on 13 December 2024 included:

  • a new Wholesale Tobacco Licence category
  • tighter ‘fit and proper person’ checks
  • variation of the annual process, instead of having to re-apply for renewal each year.

The transition also affected existing licence holders who needed to:

  • display this updated proof of age sign
  • comply with different licensing requirements from 13 December 2024
  • print and display an updated Retail Tobacco Licence after 13 December 2024
  • cease any sale of tobacco products via vending machines before 1 February 2025.

Key actions and what to expect were provided at the time, as below.

Current licensees

If your licence was due to expire before 13 December 2024, act now to lodge your renewal.

If your licence was due to expire after 13 December 2024, the expiry date was automatically extended to November 2025 and the condition in your licence which indicates the licence expires 12 months from the date of issue will be deleted.  

After 13 December 2024, you are required to download a copy of your updated licence from the Consumer and Business Services (CBS) website and display it in the licensed premises.

You can access your licence using this Licence Search link.

To download a copy, you will need your licence number and unique client ID.  

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

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

CBS will send you an annual return notice at least 4 weeks in advance of the new expiry date. This will explain how to submit an annual return – which collects information about any change of circumstances and trading details – and the annual licensing fee.

Existing licence holders will have their criminal history checked.

More information about the steps above is detailed on CBS’ Tobacco FAQs webpage.

Retail licence changes

All Retail Tobacco Licence holders will need to meet tighter fit and proper person checks and move to annual returns instead of re-applying every year.

Fit and proper person checks

CBS will obtain information from South Australia Police to collect fit and proper person checks. Accordingly, licensees will not be required to provide a National Police Check.

These rule out licence eligibility for anyone who has in the last 10 years been found guilty or convicted of either:

  • an indictable offence against the Tobacco and E-Cigarette Products Act 1997
  • an indictable offence against the Controlled Substances Act 1984
  • a summary offence against the Controlled Substances Act 1984 involving nicotine
  • a serious and organised crime offence (as defined in the Criminal Law Consolidation Act 1935)
  • an indictable offence against the Serious and Organised Crime (Control) Act 2008
  • an indictable offence involving violence
  • an offence against the law of another jurisdiction that would constitute one of the above offences, if committed in SA.

A fit and proper person also cannot be:

  • a close associate of, or member of, a prescribed organisation such as an outlaw motorcycle gang
  • an insolvent under administration.

Further consideration in determining if fit and proper for licensing is:

  • the person, or their associates, reputation, honesty and integrity (including the person’s creditworthiness)
  • if a body corporate is being wound up, under official management or in receivership
  • any other factor relevant to the particular purpose to which the decision relates, including any relevant offence of which the person has been convicted or found guilty.

See these FAQs for more information about fit and proper person criteria.

Annual returns replace re-applying

CBS no longer sends reminders to re-apply for licences each year.

Instead, licensees will pay their annual fee and lodge an annual return. The annual return notice will be sent electronically at least 4 weeks in advance of the licence expiry date. You must ensure your email address is up to date.

An annual return collects information about any change of circumstances and trading details.

Selling a tobacco business?

A Retail Tobacco Licence does not transfer with the sale of a business.

New or proposed business operators will need to apply for a new licence.

New retail applications

Traders seeking a new Retail Tobacco Licence will incur the same $340 fee (for the 2024-25 financial year) that currently applies, however must allow 8 weeks for the processing of the application due to the new checks that must be conducted before granting the licence.

Wholesale licence requirement

Anyone who supplies tobacco to retailers in South Australia, rather than directly to consumers, will need to:

  • secure a Wholesale Tobacco Licence between 13 December 2024 and 13 June 2025
  • pass fit and proper person plus criminal history checks
  • maintain specific records of purchases and sales.

All Wholesale Tobacco Licence holders will need to meet tighter fit and proper person checks and comply with an annual return process.

The same fit and proper person requirements apply as listed under Retail licence changes above.

Where sales are being made by wholesale and retail, both a retail licence and wholesale licence will be required.

Applying

The online application process became available on 13 December 2024 at www.sa.gov.au/tobacco. The cost of a wholesale tobacco licence is $650 (for the 2024-25 financial year).

Licences granted for early wholesale applications will remain valid until 30 June 2026 to encourage timely applications. Applicants must allow 12 weeks for the processing of applications due to new checks that must be conducted before granting the licence.

More information about the steps above is detailed on CBS’ Tobacco FAQs webpage.

Purchase and sale records

Wholesalers must maintain specific records of purchases and sales.

CBS will supply a template on which to record their previous year’s records of each purchase, receipt and sale for lodging with their annual return in June 2026.

It will include the name, address and ABN (if in Australia) of the seller/supplier and purchaser and on what date.

Details of tobacco products sold to them or purchased/received from them will also need to include the type and brand, quantity, unit price/value and total price/value.

Licence checks, enforcement and penalties

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

Businesses selling by both wholesale and retail are required to hold a retail licence and wholesale licence.

New enforcement powers and processes have also strengthened CBS’ ability to take action against illegal sellers and suppliers.

A retailer’s or wholesaler’s failure to be licensed could also result in penalties. Expiation fees can be imposed which would result in an immediate fine of $5,000 for an individual or $20,000 for a business. Court imposed penalties for a first offence can be up to $350,000 or $700,000 respectively and higher for subsequent offences. A conviction will also prevent the granting of a tobacco licence in the future.

New offences and further increased penalties are outlined in this table of penalties.

New powers to shut down premises that are suspected of selling illicit tobacco or vapes, for up to 6 months also apply, along with strong penalties for illicit trade.