Effective 13 December 2024, independent retailers in South Australia who sell tobacco products must comply with new licensing requirements. These updates, introduced to combat the sale of illicit tobacco and vaping products, also include substantial penalties for non-compliance. Here’s what you need to know:
Key Changes for Retailers
From 13 December 2024, Retail Tobacco Licence holders must:
- Display an updated proof of age sign.
- Print and display a new Retail Tobacco Licence in-store.
- Cease selling tobacco products through vending machines by 1 February 2025.
Licensing Requirements
Retailers must:
- Undergo stricter ‘fit and proper person’ checks.
- Lodge an annual return with updated trading details.
- Pay an annual licence fee (note: no reapplication is needed for renewals).
- Additionally, retailers must notify Consumer and Business Services (CBS) of any changes to business trading names or contact details within 14 days.
Wholesale Tobacco Licence
Businesses supplying tobacco products to retailers must apply for a Wholesale Tobacco Licence starting 13 December 2024.
- Applications can be submitted online via the SA Government website.
- A six-month transition period ends on 13 June 2025.
- Licences granted early will remain valid until 30 June 2026.
New Penalties for Non-Compliance
Failure to obtain or renew a licence can result in:
- Immediate fines: $5,000 for individuals, $20,000 for businesses.
- Court-imposed penalties: Up to $350,000 for individuals and $700,000 for businesses for first offences, with higher fines for repeat violations.
- Criminal convictions could result in a future ban on holding a tobacco licence.
Retail Licence Renewals
- Licences expiring before 13 December 2024 should be renewed immediately.
- Licences expiring after 13 December 2024 will be automatically extended to November 2025.
- After 13 December 2024, download and display your updated licence from the CBS Licence Search portal.
Additional Changes
- Penalties of up to $1.5 million for serious breaches.
- Enhanced authority to:
- Close illicit tobacco shops for up to 6 months.
- Ban vapes and novel products marketed as nicotine alternatives.
- Conduct controlled purchase operations targeting unlawful sales to minors.
- Ban on supplying vapes to minors, even with a prescription.
Report Suspicious Activity
Report any suspicious sales or supply of illicit tobacco and vapes via the CBS website.
Additional Resources
For further details, visit:
- Tobacco Licensing Changes
- Tobacco and vape changes in SA – Factsheet
- Vaping reforms: information for retailers – Factsheet
- Tobacco laws for sale and supply
- Contact CBS: occupational@sa.gov.au | Phone: 131 882
Stay informed and ensure compliance to avoid penalties and support the fight against illegal tobacco sales in South Australia.
If you have any questions or need advice specific to your business, please don’t hesitate to contact our Employment Advisory team at 1800 888 479 or submit an enquiry.
