FAQs

What are the key proposed changes to the laws? 

Increase penalties for breaking the law

The penalties in South Australia for the sale and supply of tobacco and e-cigarette products are currently much lower than in some other Australian jurisdictions. Penalties for sale and supply to children are an essential component of tobacco control and it will help prevent young people from being introduced to tobacco at an early age. The key document (‘Proposed penalty level increases and additions to the TEPA 1997’) outlines increased penalties that are being considered in line with other similar interstate legislation. These increased penalties will act as a deterrent for people thinking about doing the wrong thing, or be applied when a person or business breaks the law. 

Ban tobacco vending machines

Tobacco vending machines are currently found in some liquor licenced venues. This law would ban these machines from all venues.

Allow for controlled purchase operations

It is illegal to sell tobacco and e-cigarette products to minors. This change to the Tobacco and E-Cigarette Product Act 1997 would allow for the Government to employ minors to attempt to purchase tobacco or e-cigarette products to ensure retailers are complying with this law. These controlled purchase operations would occur under the supervision of authorised officers as part of a planned operation as currently undertaken by other Australian jurisdictions.

Increased court powers to restrict, suspend, or cancel a Tobacco and E-Cigarette Merchant’s Licence if a person is found guilty of selling or supplying tobacco or e-cigarette products to children.

Selling or supplying tobacco or e-cigarette products to anyone aged under 18 is illegal. This law would provide the courts with increased powers to restrict a licence when a retailer was found guilty of selling or supplying tobacco or e-cigarette products to children.

Ability to issue a compliance notice 

This amendment to the Tobacco and E-Cigarette Products Act 1997 would allow for authorised officers to issue retailers with a compliance or improvement notice to address any breaches of the Act or their licence conditions.

Allow for ‘smoking permitted’ signs to be in outdoor smoking areas of hospitality venues

Smoking is permitted in some outdoor areas of hospitality venues and not permitted in other areas, particularly outdoor dining areas. Allowing hospitality venues to display ‘smoking permitted’ signage in areas where smoking is allowed will provide greater clarity for staff and patrons. The use of the sign would be optional.

Restricting who may hold a Tobacco and E-Cigarette Merchant’s Licence

Tobacco and E-Cigarette Merchant’s Licence holders are trusted to uphold the laws relating to the sale of tobacco and e-cigarette products in South Australia. These amendments would ensure that anyone obtaining a Tobacco and E-Cigarette Merchant’s Licence is a fit and proper person, and will endeavour to ensure compliance with law.

Amend the definition of ‘residential premises’ to remove reference to sleeping or living area in a prison or place of detention

The Tobacco and E-Cigarette Products Act 1997 does not restrict smoking or vaping in a residential premise. The definition of residential premise currently includes ‘a sleeping or living area in a prison or other place of detention’. South Australian prisons are now smoke-free and vape-free and it is therefore proposed to remove this definition from the Act, meaning that our prisons are now smoke-free and vape-free by law.