South Australia Pushes for $1.5 Million Penalty for Illegal Vape Sales

Young people vaping Aleksandr Yu/Shutterstock

The South Australian government has introduced tough penalties of up to $1.5 million for selling illegal vapes or tobacco to children.

These fines, the strictest of any state or territory, aim to crack down on the illicit vape and tobacco market.

This comes after the federal government banned the sale and importation of vapes outside a health setting with fines of $2.2 million and jail time. The SA bill aims to complement these national laws.

The public is also being encouraged to report illegally trading tobacco and e-cigarettes to Consumer and Business Affairs.

What is in the Laws?

Under the proposed Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Bill 2024 (pdf) fines for advertising tobacco products increase from $10,000 to $750,000 for the first offence and $1.1 million for further offences.

The Bill also includes a ban on vending machine sales of tobacco products in public areas, and a ban on the supply of vapes to any person under 18, even with a prescription.

The penalty for selling tobacco or vapes without a licence will rise from  $20,000 to $750,000 for the first offence, and $1.1 million for subsequent offences.

Penalties for sales to a minor rise from a maximum of $40,000, up to $1 million for the first offence, and $1.5 million for extra offences.

The fine for selling illicit tobacco or possession for the purpose of sale will be $750,000 for the first offence, up from $50,000. A subsequent offence could lead to a $1.1 million fine.

A new authority is also proposed to ban the development of novel products marketed as an alternative to vapes, including nicotine pouches.

Health Minister Chris Picton said the government was introducing these laws to put SA at the forefront of tackling the health crisis.

“Smoking is a deadly habit and the rise of vaping among young people is really concerning. In a recent survey, one in three school students aged 16 to 17 reported e-cigarette use in the past month,” he said in a statement.

“We are taking strong action to stamp it out and go after the criminals who target our children with highly addictive vapes full of nasty chemicals.”

He presented figures in Parliament that showed vaping rates in the state had almost doubled from 8.4 percent in 2022, to 15.1 percent in 2023.

Meanwhile Preventive Health SA interim CEO Marina Bowshall said smoking had a tragic human cost and was 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,” she said.

Minister Encourages Public To Report Breaches

Consumer and Business Affairs Minister Andrea Michael said the legislation provides a “massive deterrent” to those illegally trading the products.

“We are encouraging the public to report suspected breaches when they become aware of them,” she said.

Consumer Affairs Commissioner Martyn Campbell revealed the government could try using “snipers” to catch out illegal sales.

“One of the tactics that we may adopt if need be, is have an under 18 year old person go in there (the store) and attempt to buy them.”

Opposition Supports Crackdown

Liberal Member for Bragg Jack Batty told Parliament (pdf) he was keen to work with the Labor government on the initiative.

Batty has written to the minister about stores in Stonyfell near St Peter’s Girls’ school, and the local primary and high schools in Marryatville.

“We do need to crack down on illegal vaping and tobacco stores in our local community. It is an area of huge concern to my constituents,” he said on Aug. 27.

“Again, it is something that I have been bringing to the attention of this house for certainly over a year now. I see now again that those calls have been heeded, and I am pleased that we could secure $16 million of funding to counter the illegal trade of tobacco and vaping,” Batty said on Aug. 27.