New law takes effect with fines up to USD 4.3 million, marking a shift toward rigorous enforcement in vape regulation
South Australia has officially enacted the nation’s toughest regulatory rules targeting the sale of illicit tobacco and vape products, ushering in a new era of enforcement-driven oversight. The legislation introduces unprecedented fines and expanded enforcement powers, sending a clear signal of zero tolerance toward illegal retail activity in the vape industry.
Fines Elevated for Commercial-Scale Violations
Under the new law, South Australia defines “commercial quantity” and “large commercial quantity” thresholds for prohibited tobacco and vape products, enforcing a tiered penalty structure:
• Individuals caught in possession of large commercial quantities: up to AUD 4.2 million (~ $2.74 million) in fines;
• Businesses (legal entities) committing a first offense: up to AUD 4.5 million (~ USD 2.93 million);
• Repeat business offenders: up to AUD 6.6 million (~ USD 4.3 million).
Quantities that constitute violations include:
• Commercial quantity: 5,000 cigarettes, 5 kg of tobacco, 100 vape devices, or 200 nicotine pouches;
• Large commercial quantity: 25,000 cigarettes, 25 kg of tobacco, 500 vape devices, or equivalent items.
Broader Police Authority and New Offenses Targeting Complicity
The law grants police expanded authority to conduct drug testing and random searches at premises suspected of housing illegal tobacco or vape-related activity. The scope of inspections has also widened to include potential weapons and explosives.
A new offense category has been introduced: knowingly permitting a location to be used for illegal trade without taking preventative action. This aims to hold enablers accountable and helps dismantle illegal sales networks through legal reinforcement.
Stricter Penalties for Retail Premises
South Australia’s Minister for Consumer Affairs, Andrea Michaels, now has increased authority to:
Issue short-term closure orders lasting up to 28 days;
Secure court-ordered closures for up to 12 months (previously capped at 6 months).
These penalties apply to any premises found involved in the illegal trade of tobacco or vape products, reinforcing the government’s crackdown on unauthorized retailers.
SP2S Remains Committed to Compliance and Industry Transparency
Following Kyrgyzstan’s nationwide vape ban, South Australia’s intensified enforcement reflects a growing global trend toward stricter vape regulation.
As a brand committed to compliance and responsible growth, SP2S will continue to monitor legislative developments across Australia, Central Asia, and the Middle East. We remain dedicated to providing regulatory insights, compliance guidance, and expert analysis on market impacts.
Stay connected with the SP2S News section for the latest vape industry updates and global regulatory trends.
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