Tobacco and e-cigarette laws and businesses

On 8 June 2023, the South Australian government announced new licence conditions that are being introduced under the Tobacco and E-Cigarette Products Act 1997 ( TEP Act). From 10 July 2023, the new licence conditions establish stronger requirements for all retailers and TEP Act licence holders to comply with the provisions of the Controlled Substances Act 1984 (CS Act) and assist with regulation of nicotine vaping products (NVP).

On 2 May 2023, the Australian Government announced a range of national initiatives to address e-cigarette use , including stopping the importation of recreational vaping products. It is likely these changes will take effect at the end of 2023.

All licence holders are reminded about their obligation to comply with all current laws applicable to the occupation and operation of their business, including relevant state and federal legislation.

In South Australia the sale, supply, promotion and use of tobacco and e-cigarettesis regulated by the Tobacco and E-Cigarette Products Act 1997.  Holders of a Retail Tobacco and E-Cigarette Merchant's Licence must adhere to the relevant sections of the TEP Act , the Tobacco and E-cigarettes Products Regulations 2019 and the licence conditions.

Retailers can find information on the following:

New licence conditions for selling e-cigarettes

In the intervening period until the Australian Government’s full ban on recreational vapes come into effect at the end of 2023, new licence conditions are being introduced under the TEP Act from July 2023 that establish stronger requirements for all retailers and TEP Act licence holders to comply with the provisions of the Controlled Substances Act 1984 (CSAct) and assist with regulation of nicotine vaping products (NVPs).

Some of the changes will require TEP Act licence holders to:

  • immediately cease selling, supplying, possessing or storing nicotine vaping products
  • obtain and maintain proof from suppliers that their vaping products are nicotine-free
  • arrange laboratory testing if their supplier cannot or will not provide written documentation confirming the vapes do not contain nicotine
  • maintain relevant documentation from the supplier, importer or manufacturer that supports the traceability of the product
  • train staff and provide adequate supervision on requirements of the TEP Act, CS Act and other relevant legislation
  • display their TEP Act licence, including the conditions in a visible place on the premises.

To view a copy of the licence conditions and to learn more about these requirements, see the new licence conditions for selling e-cigarettes page.

Australian Government announces impending ban on the importation of recreational vape products

On 2 May 2023, the Australian Government announced a range of national initiatives to address e-cigarette use, including stopping the importation of recreational vaping products.

The initiatives also include regulating flavours, colours and other ingredients, requiring pharmaceutical-like packaging, reducing the allowed nicotine concentrations and volumes, banning disposable e-cigarettes, and funding public awareness campaigns and service enhancements to help Australians quit smoking and vaping.

The South Australian Government will work in collaboration with the Australian Government and other state and territory governments to determine how we can implement measures to comprehensively reduce access to, and use of, e-cigarettes.

For more information, visit the Therapeutic Goods Administration’s nicotine vaping products hub.

Exemptions for the sale or supply of lawfully prescribed nicotine

The national classification of nicotine in the Poisons Standard clarifies the regulation of nicotine as a Schedule 4 Prescription Only Medicine. This means that consumers will require a prescription to legally access nicotine-containing e-cigarettes and nicotine vaping products for any purpose.

To support the lawful sale or supply of nicotine as a Schedule 4 Prescription Only Medicine, the Government of South Australia has issued a Proclamation to exempt pharmacists and medical practitioners from certain offences under the e-cigarette laws to ensure they can sell or supply nicotine-containing e-cigarette products, without committing these offences. Read more about this on the exemptions for the sale or supply of lawfully prescribed nicotine page.

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 TEP Act. 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. Learn more about this on the requirements for retail sale of tobacco and e-cigarette products page.

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.

New laws to address illicit tobacco

On 31 August 2023, South Australian laws changed to address the illicit trade of tobacco in South Australia. These new laws allow for suppliers and sellers of illicit tobacco products to be prosecuted under the South Australian Tobacco and E-Cigarette Products Act 1997 (The ‘Act’).

The Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Act 2023 created offences under the South Australian Tobacco and E-Cigarette Products Act 1997 in relation to the sale, supply, and possession (for the purpose of sale) of illicit tobacco products in South Australia.

 The Act now prohibits:

  • the supply or sale of tobacco products in South Australia that do not meet the prescribed plain packaging and health warning requirements under Commonwealth legislation, which includes the requirements of the Commonwealth's Tobacco Plain Packaging Act 2011.
  • the supply or sale of tobacco products that are prohibited goods or have not had the required excise duty paid as per the Commonwealth Customs Act 1901 and Excise Act 1901.

These laws provide South Australian Authorised officers under the Act, including police officers, with extra powers to enforce laws relating to the supply and sale of illicit tobacco products in South Australia.

Click here for an explanation of What is an illicit tobacco product?

Smoke-free workplaces

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.

Quit smoking, information and support


Tobacco and vape reporting form – feedback or complaints

You can complete the online Tobacco and vape reporting form to provide feedback or make a complaint related to:

  • the illegal sale of vape products (eg vapes containing nicotine, sales to a minor, unlicensed business)
  • the illegal sale of tobacco products (eg chop chop, sale to a minor, unlicensed business)
  • smoking or vaping in designated smoke-free areas
  • advertising and promotion
  • display of tobacco products at point of sale
  • packaging.

Further information

For further information on tobacco and e-cigarette laws, contact SA Health's Health Protection Operations by emailing: public.health@sa.gov.au

Also in this section