South Australia now has some of the toughest tobacco and vaping laws in Australia, with severe penalties for those who breach the regulations. Whether you’re a business owner, landlord, or individual, it’s crucial to understand these laws to avoid hefty fines and other legal consequences.
New Penalties and Regulations
Recent changes to South Australian law have introduced stricter measures aimed at combating the sale and distribution of illegal tobacco and vaping products. Key aspects include:
- Substantial Fines: Selling illegal vapes or tobacco products can result in fines exceeding $1 million for a first offence. Repeat offenders face even harsher penalties.
- Shop Closures: Authorities now have the power to impose extended closures on businesses found in violation.
- Criminal Charges: Offenders may face serious criminal charges under the new regulations.
These changes are designed to deter illegal activities and ensure compliance across the state.
Supplying Vapes to Minors
Under the new laws, it is illegal to supply vapes to anyone under 18, even with a prescription. This aims to protect young people from accessing vaping products and reinforces South Australia’s commitment to public health.
Powers for Landlords and Police
The legislation also grants increased authority to landlords and law enforcement:
- Lease Termination: Landlords can now terminate leases if tenants are caught selling illegal vaping or tobacco products from their premises.
- Police Search Powers: Police have enhanced powers to search businesses suspected of selling illicit tobacco or vaping products, ensuring swift enforcement of the law.
Legal Support for Tobacco and Vaping Offences
If you’ve been charged with a tobacco or vaping offence, it is essential to seek legal advice. A lawyer experienced in South Australian tobacco laws can help you navigate the legal process, understand your rights, and minimise potential penalties.
FAQs About Tobacco & Vaping Laws
What are the penalties for selling illegal vapes or tobacco in South Australia?
Penalties are now some of the harshest in Australia. If you’re caught selling illegal tobacco or unregulated vapes, you could face:
- Fines over $1 million (even for a first offence)
- Extended business closures
- Possible criminal charges and a court appearance
- Repeat offenders can face even tougher sanctions.
Can I sell vapes to someone under 18 if they have a prescription?
No. It is now illegal to supply vapes to anyone under 18 in South Australia, even if they have a valid prescription.
What happens if a business is caught selling illegal tobacco or vapes?
Police can shut the shop down, seize stock, and issue large fines. In some cases, owners or staff may face criminal prosecution. Repeat offences could lead to longer closures and higher penalties.
Can landlords cancel a lease if tenants sell illegal vapes or tobacco?
Yes. New laws give landlords the power to terminate leases if a tenant is found selling illegal vaping or tobacco products from the property. This applies to shops, kiosks and even residential addresses being used for illicit sales.
Can police search my business without warning if they suspect I’m selling illegal products?
Yes. Police now have increased powers to enter and search businesses suspected of selling illicit vapes or tobacco without needing prior approval or a warrant. They can seize stock and lay charges on the spot.
What if I didn’t know the vapes I was selling were illegal?
A lack of awareness may not work as a defence. As a business owner, you’re responsible for knowing and complying with the law. If you’re unsure about the legality of your products, you should seek legal advice before selling them.
Can I sell vapes from home or through social media?
No. Selling vapes especially to minors or without proper authorisation through informal channels like social media, home delivery or market stalls is illegal. These sales are being actively targeted by South Australia Police and health regulators.
What types of vapes are banned in South Australia?
Any vape that isn’t authorised for therapeutic use by the TGA (Therapeutic Goods Administration) is considered illegal. That includes most flavoured disposable vapes sold in convenience stores or online. Selling, importing or possessing these can lead to serious penalties.
Are nicotine-free vapes legal in South Australia?
Just because a vape is labelled “nicotine-free” doesn’t mean it’s legal. Many products contain hidden nicotine or other substances and still fall under banned items. If they’re not approved for therapeutic use, they’re likely illegal.
I’ve been charged with a tobacco or vape offence – what should I do?
Speak to one of our South Australian criminal lawyers immediately. These laws are complex and the consequences can be serious including large fines, a criminal record and the loss of your business. We can help you understand your options, respond to charges and potentially reduce or avoid penalties.
@caldicottisaacslawyers Did you know you can be fined over $1million, just for selling a vape in South Australia? #criminallawyer #legaladvice #lawyersoftiktok #lawyersoftiktok #fyp ♬ original sound - Caldicott + Isaacs Lawyers
