The South Australian Government is cracking down on the illegal tobacco trade. Photo: Evgra Fovasa.
South Australia is hoping to lead the nation’s crackdown on the illicit tobacco trade, introducing to the State Parliament the toughest penalties in the country.
Under proposed new laws, illicit tobacco dealers will face jail time of up to 17 years.
South Australia will also stiffen the financial penalties, following similar changes in WA.
Penalties for the supply and possession of large commercial quantities of illicit tobacco products will now increase from up to $6.6 million to up to $21 million, more than 10 times higher than in other jurisdictions.
The Illicit Tobacco Taskforce, which operates within Consumer and Business Services, will also gain the power to issue medium-term closures of 130 days, the longest in the Commonwealth, in addition to 28-day (short-term) and seven-day (interim) closures. Long-term closures will remain at 12 months.
Expiations will also be expanded and reach up to $175,000, rising from $20,000, for offences related to the supply and possession of commercial quantities of illicit products.
New imprisonment terms also bring South Australia closer in line with other states such as Victoria, NSW and Queensland, with proposed jail terms between five and 17 years to deter criminals.
Landlords will also have expanded powers. They will now be able to terminate the lease when a short-term, medium-term or long-term closure order is in place; previously, they could only do so when a long-term closure was enacted.
Landlords will face a one-year term of imprisonment for a second or subsequent conviction of knowingly causing or permitting their premises to be used for illicit conduct. They will also be expected to take steps to prevent the conduct.
A new provision will also allow the seizure of all tobacco or e-cigarette products on the premises, regardless of whether they are illegal or illicit, if breaches are found during inspection.
ATMs will also be banned from any retailer found to be selling or supplying prohibited products or tobacco products without a proper licence.
New measures will also enable the Minister for Consumer and Business Affairs to consider the proximity of tobacco retailers to schools and community centres, and to other tobacco retailers.
South Australia was the first state to introduce closure orders up to 12 months and the first to use multimillion-dollar penalties for those caught selling illicit tobacco.
South Australia has been given an A grade by the Australian Council on Smoking & Health for its efforts to curb illegal tobacco.