Requirements for licensed tobacco premises
The requirements to be a licensed tobacco premises
In South Australia, the sale, supply, promotion and use of tobacco and e-cigarette products and areas where smoking (including e-cigarettes) is regulated by the Tobacco and E-Cigarette Products Act 1997 (the Act).
The Tobacco Products Regulation Act 1997 was renamed the Tobacco and E-Cigarette Products Act 1997 as of 31 March 2019, when changes to the legislation commenced including:
There are tobacco and e-cigarette product laws relating to the following areas:
The health effects of passive smoking have become well known in recent years. Passive smoking can cause a number of serious illnesses including heart disease, stroke, lung cancer and nasal sinus cancer. Community support for smoke-free, safe and healthy environments is very high. As a result, many South Australian public areas have become voluntarily smoke-free over the past decade, including outdoor events. Other areas are smoke-free under legislation, including:
For more information on the effects of smoking, see the Risks of smoking page.
There are laws regulating the sale and supply of tobacco and e-cigarette products. These laws require all retailers of these products to hold a current South Australian Retail Tobacco and E-Cigarette Merchant's Licence and comply with all conditions of that licence at all times.
To sell or supply tobacco or e-cigarette products to people under 18 years of age (minors) is prohibited and carries an expiation fee of $1,200. A proprietor can be fined up to $20,000 for a first offence and up to $40,000 for a second and subsequent offence. Minors employed by licenced retail stores can legally sell tobacco and e-cigarette products, however this is not recommended as they may be less confident about asking to see identification or refusing a sale.
If you suspect a retailer of selling tobacco or e-cigarette products to minors or any other breaches of the law, you can make a report to SA Health's Health Protection Operations. All calls are treated confidentially.
Tobacco product is defined under the Tobacco and E-Cigarette Products Act 1997 as any of the following:
Matches and cigarette lighters are not tobacco products and therefore are not prohibited for sale under the Act.
E-cigarette is defined under the Tobacco and E-Cigarette Products Act 1997 as:
For more information on the rules and regulations regarding smoking, tobacco and e-cigarette products contact SA Health's Health Protection Operations by: