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:
- obtaining or renewing a retail tobacco licence
- requirements for retail sale of tobacco
- enclosed areas
- the use of tobacco products in artistic performances
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.
- All businesses that sell water pipes or water pipe products including shisha and hookah products, must hold a current Retail Tobacco 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 the tobacco laws, contact SA Health's Health Protection Operations by:
- Email: HealthProtectionOperations@sa.gov.au
- Phone: (08) 8226 7100
Department of Health and Ageing, Commonwealth
Department of Health and Community Services, Northern Territory
Department of Health and Human Services, Tasmania
Department of Health and Human Services, Victoria
Department of Health, Western Australia
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