Proposed new tobacco and e-cigarette regulations

Have your say on the proposed changes to tobacco control and e-cigarette legislation in South Australia

What's being decided?

SA Health will be drafting changes to legislation on a range of tobacco control and e-cigarette reforms and is exploring measures to reduce harms associated with tobacco and e-cigarette use. We are seeking feedback from the community and other stakeholders about these proposals.

The proposed laws include:

• increasing penalties and expiation fees for breaking the law
• banning tobacco vending machines
• enshrining controlled purchase operations into the legislation (an approach for enforcing the ‘sales to minors’ laws for tobacco and e-cigarette products)
• increasing 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
• establishing a power for an authorised officer to issue a notice to comply with the provisions of the Tobacco and E-Cigarette Products Act 1997
• allowing for ‘smoking permitted’ signs to be displayed in outdoor smoking areas of hospitality venues
• including greater criteria about who might be a fit and proper person to hold a Tobacco and E-cigarette Merchant’s Licence
• amending the definition of ‘residential premises’ to remove reference to sleeping or living areas in a prison or place of detention, so that existing smoke-free laws apply to these areas.
• New smoke-free and vape-free areas:

• within ten (10) metres of children’s education and child-care centres, including schools
• within five (5) metres of non-residential building entrances, such as entrances to shopping centres, government and commercial buildings
• at public hospitals and health facilities, private hospitals and aged care facilities, and within five (5) metres of their boundaries
• within outdoor public swimming facilities
• at major sports or events facilities
• at or within ten (10) metres of playing and viewing areas during organised under-18 years sporting events, and
• on beaches within fifty (50) metres of patrol flags and under (and within five (5) metres) of jetties.

For further information regarding the proposed laws, please see the Frequently Asked Questions (FAQ) and the proposed Tobacco and E-Cigarette Products (Smoking Bans) Amendment Regulations 2023.

Background

The South Australian Government is strengthening tobacco and e-cigarette legislation due to the well-established risks associated with smoking, passive smoking of second-hand smoke, and e-cigarettes containing toxic chemicals that can pose a risk from passive inhalation.

Additionally, there is a continuing high level of community exposure to second-hand smoke and e-cigarette vapour. These new smoke-free and vape-free areas align with the community’s expectations to safeguard our community from second-hand smoke, with a particular focus on those areas frequented by children and vulnerable people.

Get involved

Have your say by:

• Considering the proposed legislative changes above.
• Providing feedback and completing the survey below.

Consultation closes on Sunday 14 May 2023.

By submitting feedback you are agreeing to its public release if a decision to release feedback is made by the South Australian Government.

What are the next steps?

Your feedback from this consultation will be considered to help finalise the proposed changes to the Tobacco and E-Cigarette Products Act 1997 and its Regulations.

We may contact you or your organisation to discuss your feedback further, if required.

Once finalised and introduced, the Bill and Regulations will be available online at www.legislation.sa.gov.au/legislation/regulations-and-rules