South Australia is set to enact the harshest penalties against the sale of illegal vapes and tobacco in the country, with a new legal framework introduced today by the State Government.
The new laws aim to crack down on the illicit vape and tobacco trade, particularly the marketing and sale aimed at minors.
The legislation contains significant amendments, including up to $1.5 million in fines for certain offences and a complete ban on vending machine sales of tobacco products in public places.
It will also prohibit the supply of therapeutic e-cigarettes or vapes to anyone under 18.
The legislation also grants new authorities the power to restrict market access to alternative products such as nicotine pouches.
This move complements existing smoke-free zones, establishing a buffer area around smoke-free spaces near public transport hubs, schools, childcare centres, hospitals, beaches, and shopping centres.
The changes will also allow for more vigilant surveillance of retail operations, crucially enabling controlled purchase operations to identify vendors selling to minors.
For corporate entities, penalties have seen a dramatic increase. For instance, advertising tobacco products can now incur fines of up to $750,000 for a first offence, and up to $1.1 million for subsequent offences.
Selling without a licence carries similar penalties, and fines for selling directly to minors can reach up to $1.5 million.
In a recent operation by Consumer and Business Services (CBS), officials confiscated over 1,100 vape products and around 50kg of illicit tobacco.
This raid is part of a consistent effort that has seen $285,000 worth of illegal products seized since the beginning of July.
The government has also invested an additional $16 million to fund a dedicated taskforce within CBS targeting the illegal tobacco and vape market.
This is part of a broader strategy that includes a $2 million advertising campaign intended to run until June 2025, aimed at curtailing smoking and its societal impacts.
Statistics indicate that South Australia faces a burgeoning vaping issue among youth. In particular, the rate of secondary school students who have vaped jumped from 13.5% in 2017 to 29.9% in 2023.
Among 15 to 29-year-olds, e-cigarette usage escalated from 2.6% in 2014 to 15.1% in 2023.
The new legislation not only aims to curb these rising trends but also addresses the substantial health and economic costs associated with tobacco, which is labelled as the primary cause of preventable death and illness in the state.
Chris Picton, the Minister for Health and Wellbeing, stressed the deadly impact of smoking and the rising trend of vaping among the youth.
“In a recent survey, one in three school students aged 16 to 17 reported e-cigarette use in the past month,” Picton noted.
He asserted the government’s commitment to ending this epidemic through stringent legal action and substantial fines.
Marina Bowshall, Interim Chief Executive of Preventive Health SA, shared the community’s strong backing for more robust regulations, pointing out the extensive human and financial tolls smoking exerts on society.
“Through stricter regulations and broader preventive measures, the government aims to foster a healthier community by reducing both smoking and vaping rates significantly.
“Our consultation on this legislation showed there is significant community concern about the health impacts of smoking and e-cigarettes, and strong support for stronger regulation.
“Smoking has a tragic human cost and, is a major factor in cancer, stroke and heart disease. It is a major contributor to hospital admissions in Australia.
“The more people we can help to stop smoking and the more we can prevent the growth in the use of e-cigarettes, the healthier our community will be.”
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