Tobacco laws and businesses
New e-cigarette laws and changes to tobacco laws in South Australia
Under proposed changes to the Tobacco Products Regulation Act 1997, electronic cigarettes (e-cigarettes) will be regulated in South Australia.
A key aim of the new laws is to prevent the use of e-cigarettes by children and protect people in smoke-free areas from exposure to e-cigarette vapour, while still allowing access by adults who choose to purchase these products.
The changes will ban the following:
- sales of e cigarettes to children
- using e cigarettes in smoke-free areas under the Act
- retail sales of e cigarette products without a licence
- indirect sales of e cigarettes (such as internet sales)
- e-cigarettes advertising, promotion, specials and price promotions
- retail point of sale displays of e cigarettes
- e cigarette sales from temporary outlets, sales trays and vending machines.
In addition, there will be some changes to definitions, removal of unnecessary provisions, adding expiations to offences where they currently do not occur and improving the function of certain sections. Penalties and expiation fees for more than 40 offences under the Act will also increase. A definition will be included for ‘shisha tobacco’, to make it clear that offences related to tobacco products also apply to these products.
The changes are detailed in the the Government’s Tobacco Products Regulation (E-Cigarettes and Review) Amendment Bill 2018 (the Bill).
It is expected that the new laws will come into effect in the first quarter of 2019. More details about the changes will be updated when they are available.
Information is available on the following areas:
- smoke-free outdoor dining laws
- obtaining or renewing a retail tobacco licence
- requirements for retail sale of tobacco
- enclosed areas
- the use of tobacco products in artistic performances
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
- 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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