Tobacco and E-Cigarette laws and businesses
In South Australia the sale, supply, promotion and use of tobacco and e-cigarettes is regulated by the Tobacco and E-Cigarette Products Act 1997.
Information is available on the following areas:
- smoke-free outdoor dining laws
- obtaining or renewing a retail tobacco and e-cigarette merchant's licence
- requirements for retail sale of tobacco and e-cigarette products
- enclosed areas
- the use of tobacco and e-cigarette products in artistic performances
Changes to smoking laws in South Australia as of 31 March 2019
The Tobacco Products Regulation Act 1997 was renamed the Tobacco and E-Cigarette Products Act 1997 as of 31 March 2019 and include the following changes to smoking laws.
- new laws for electronic cigarette (e-cigarette) products
- increases in penalties and expiation fees’
- a definition of ‘shisha’ tobacco
- other minor administrative changes to improve the functioning of the Act, including some changes to definitions and removal of unnecessary provisions.
The new laws include a requirement for e-cigarette retailers to hold a Retail Tobacco and E-cigarette Merchant’s Licence. For more information, please see the retailer fact sheet (PDF 545KB).
For details of the changes, go to New e-cigarette laws and other changes to tobacco laws in South Australia.
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. Shisha tobacco is included under the definition of 'tobacco product' in the Tobacco and E-Cigarette Products Act 1997. Even shisha that does not contain tobacco is classified as a 'tobacco product' under the Act.
- All businesses that sell shisha products must hold a current Retail Tobacco and E-Cigarette Merchant's Licence.
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.
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.
For further information on tobacco and e-cigarette laws, contact SA Health's Health Protection Operations by:
- Email: HealthProtectionOperations@sa.gov.au
- Phone: (08) 8226 7100