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Tobacco laws and businesses

In South Australia the sale, supply, promotion and use of tobacco and areas where smoking is prohibited is regulated by the Tobacco Products Regulation Act 1997.

Information is available on the following areas:


Changes to tobacco laws in South Australia from 31 March 2019

From 31 March 2019, changes to the Tobacco Products Regulation Act 1997 will commence, including:

  • new laws for electronic cigarette (e-cigarette) products;
  • increases in penalties and expiation fees’
  • a definition of ‘shisha’ tobacco; and
  • other minor administrative changes to improve the functioning of the Act, including some changes to definitions and removal of unnecessary provisions.
  • The name of the Act will also change on 31 March 2019, from the Tobacco Products Regulation Act 1997 to the Tobacco and E-Cigarette Products Act 1997.

The new laws include a requirement for e-cigarette retailers to hold a Tobacco and E-cigarette Merchant’s Licence. For more information, please go to this fact sheet

For details of the changes, go to  New e-cigarette laws and other changes to tobacco laws in South Australia

The new laws are detailed in the Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018 and the Tobacco and E-Cigarette Products Regulations 2019.


Businesses where waterpipe products including shisha and hookahs, are sold or used

Water pipe smoking is a traditional method of smoking tobacco around the world, with a variety of types and names including shisha and hookah. Water pipes and water pipe products are covered under the definition of 'tobacco product' in the Tobacco Products Regulation Act 1997 as they are designed for smoking. Even water pipes that do not contain tobacco are classified as a 'tobacco product' under the Act.

The smoking of waterpipes cannot occur in enclosed areas or in outdoor areas where outdoor dining laws apply. These are the same laws that apply for tobacco products.

  • Failure to comply with relevant laws will result in penalties and/or loss of licence.

Smoke-free workplaces

Workplace exposure to passive smoking is a significant occupational health and safety hazard. Smoking is banned in all enclosed workplaces. A smoke-free workplaces guide (PDF 2.81MB) has been developed to assist in workplaces to meet the legal requirements and to support workplaces wishing to go beyond the legislative requirements. The SA Health Healthy Workers – Healthy Futures initiative has been developed to assist employers in making their workplaces smoke-free.

Further information

For further information on the tobacco laws, contact SA Health's Health Protection Operations by:

Useful links

Government websites

Department of Health and Ageing, Commonwealth

ACT Health

Department of Health and Community Services, Northern Territory

NSW Health

Queensland Health

Department of Health and Human Services, Tasmania

Department of Health and Human Services, Victoria

Department of Health, Western Australia

Australian websites

Quitline

Quit now, national tobacco campaign

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