New proposal in South Australia: Crackdown on illegal e-cigarettes or ban nicotine pouches products

The South Australian Government has introduced a groundbreaking legislative proposal to the State Parliament, aiming to enforce the country’s strictest penalties on illegal tobacco and e-cigarette sales. This move is part of the government’s ongoing efforts to crack down on illegal markets and crimes affecting children.

As reported by Miragenews on August 28, the proposed law outlines severe measures to combat illegal tobacco and e-cigarette markets, aligning with stringent national laws. It bans the retail supply of e-cigarettes or vaping products and the provision of prescription e-cigarettes to minors.

The proposed bill includes the following provisions:

1. Higher fines, with penalties for specific e-cigarette infractions reaching up to AUD 1.5 million (approximately USD 1.02 million).
2. A ban on tobacco sales through vending machines in public areas.
3. Prohibition of e-cigarette supply to minors, including therapeutic products.
4. Authority to prohibit new alternatives to e-cigarettes, such as nicotine pouches.
5. A five-meter smoke-free zone in covered public transport areas.
6. Authorization for controlled purchase operations to monitor sales to minors effectively.

Penalty changes for corporations include:

1. Increased fines for advertising tobacco products, with first offenses rising from AUD 10,000 to AUD 750,000, and repeat offenses up to AUD 1.1 million.
2. For unlicensed sales, fines increase from AUD 20,000 to AUD 750,000 for first offenses and repeat offenses up to AUD 1.1 million.
3. Fines for selling to minors rise to AUD 1 million for first offenses, with repeat offenses up to AUD 1.5 million, from the original AUD 20,000 and AUD 40,000.
4. For selling or possessing illegal tobacco, first-offense fines increase from AUD 50,000 to AUD 750,000, with repeat offenses up to AUD 1.1 million.
5. New offenses involving e-cigarettes or prohibited products see first-offense fines up to AUD 750,000, with repeat offenses reaching AUD 1.1 million.
6. Since July 1, the Department of Consumer and Business Services (CBS) has conducted successful surprise inspections, seizing illegal tobacco, e-cigarettes, and related products worth AUD 285,000 (about USD 190,000). In response to the growing illegal trade, the government has allocated an additional AUD 16 million to establish a dedicated task force within CBS to enhance enforcement of tobacco and e-cigarette sales and licensing.

Data reveals a sharp increase in e-cigarette use, with the percentage of secondary school students who have tried e-cigarettes rising from 13.5% in 2017 to 29.9% in 2023. Among South Australians aged 15-29, usage rates surged from 2.6% in 2014 to 8.4% in 2022, nearly doubling to 15.1% in 2023.

Marina Bowshall, interim CEO of Health Promotion South Australia, highlighted community concerns about the health impacts of smoking and e-cigarettes, emphasizing strong support for stricter regulation. She stated, “Smoking has a tragic human cost, contributing significantly to cancer, stroke, and heart disease, and is a leading cause of hospital admissions in Australia. The more we can help people quit smoking and curb e-cigarette use, the healthier our community will become.”

The South Australian Government’s new legislative proposal is a comprehensive effort to tackle illegal tobacco and e-cigarette sales and usage. By introducing these stringent regulations and penalties, the government aims to curb illegal activities and protect public health, especially for children and young people. Continuous evaluation and adaptation of these policies will be essential to maintain their effectiveness and address evolving challenges in the tobacco and e-cigarette markets.