Tougher penalties for illicit tobacco

The NSW Government has introduced major reforms expected to be phased in from 1 July 2025 to combat illicit tobacco sales. They include a new licensing scheme for retailers and significantly increased penalties for offenders. 

Under the new laws, businesses will need to obtain a tobacco retailing license or face fines of up to $220,000 for corporations and $44,000 for individuals. Retailers with a current Retailer Identification Number (RIN) will receive information in 2025 from NSW Health outlining what steps they will need to take if they wish to apply for a licence. 

Heavier penalties are now in effect for offences such as selling single cigarettes or in packs less than 20, tobacco products without health warnings, or using prohibited packaging. Corporations caught committing these offences face fines of up to $770,000, while individuals can be fined $154,000. 

The new laws have also strengthened penalties for both individuals and corporations caught selling tobacco products to minors. Individuals can be fined up to $22,000 for their first offence and $110,000 for subsequent offences while corporations face fines of up to $110,000 for a first offence and $220,000 for further offences. On-the-spot fines of up to $5,500 may also be issued by NSW Health inspectors for several offences. For a full list of offences and penalties see the NSW Health Website. 

NSW authorities are also ramping up enforcement efforts to support compliant businesses and protect the community from the dangers of illicit tobacco. Members of the public are encouraged to report illegal tobacco sales via the NSW Health website.