Each tobacco retail outlet must have their own Retail Tobacco and E-Cigarette Merchant’s Licence. Retailers with more than one retail outlet selling tobacco must hold a separate tobacco licence for each of their outlets. Licences cannot be transferred from one outlet to another.
A copy of your Retail Tobacco and E-Cigarette Merchant’s Licence must be displayed in a prominent place in close proximity to each point of sale where tobacco is sold (including vending machines). It must be placed in a manner and position that is likely to attract the attention of customers purchasing tobacco products.
Tobacco retailers without a liquor licence are permitted one tobacco point of sale. Those retailers with an existing liquor licence can have up to five points of sale for tobacco purchases. The intention is to restrict the number of points of sale per outlet as much as possible and therefore businesses who currently have less than five points of sale should not exceed their existing number of sale points.
If the point of sale is a booth, tent or other temporary structure, whether or not part of the booth, tent or enclosure is permanent or if tobacco products are available for sale at a point of sale for not more than two weeks in a year then the following licence conditions will apply:
the vendor cannot provide inducements to encourage young people to frequent the point of sale area. Inducements include any incentive to enter or remain in an area, including furnishings and entertainment.
no tobacco products or pictures of tobacco products can be on display
no signs can be displayed within or on the structure other than those prescribed by regulation.
Note: Retailers are not permitted to sell e-cigarettes and e-cigarette products from temporary outlets.
The use of mobile tobacco sales and trays is banned.
Nightclub tobacco vendors typically dress in bright tobacco-company colours and approach young patrons with tobacco for sale. This marketing strategy serves to glamorise smoking and specifically targets young people. Research has demonstrated that smoking relapse often occurs under the influence of alcohol in a social setting and so these regulations will help former smokers avoid the temptation of relapsing into smoking in such social situations.
A specialist tobacconist is defined as a person who sells tobacco products by retail in a premises and
in the case of a business that has been trading for a period of more than one financial year, the gross turnover of all tobacco products sold at the premises constitutes 80 per cent or more of the gross turnover of all products sold at the premises during the immediately preceding financial year; or
in any other case - the period for which the business has been trading, the gross turnover of all tobacco products sold at the premises constitutes 80 per cent or more of the gross turnover of all products sold at the premises.
Retailers must not, in connection with the sale of a tobacco product, or for the purpose of promoting the sale of a tobacco product provide or offer to provide a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit.
The ban only applies to the accrual of reward points. Credit card reward points, gift cards and vouchers can still be used to purchase tobacco products.
The maximum penalty for contravening this law is a fine of $5,000.
The Tobacco and E-Cigarette Products Regulations 2019 bans the display of fruit and confectionery flavoured cigarettes at the point of sale. This includes price boards and price tickets.
Fruit and confectionery cigarettes are defined as cigarettes that possesses, or the smoke of which possesses, a distinctive fruity, sweet or confectionery-like character; and that is advertised in a way that might encourage young people to smoke, but does not include a cigarette the flavouring of which is primarily of a menthol character.
Under the Tobacco and E-Cigarette Products Regulations 2019, South Australia prohibits the sale of cigarette packets that hold any less than 20 cigarettes or which are designed to be, or are readily able to be, divided into portions that contain less than 20 cigarettes each.
All activities intended to publicise or promote the purchase or use of tobacco products are banned. Items such as tobacco branded posters or signs, bunting, light boxes, clocks, counter mats and other advertising and promotional material must not be displayed.
All people selling tobacco products need to be given adequate training on how to avoid selling tobacco products to children. This includes training any relatives or friends who might occasionally work in the business as well as paid employees.
Proprietors should ensure that all staff know:
What procedures they should follow if a customer becomes difficult when asked to produce ID. Role-playing some of the situations that might arise can assist staff in this area.
The consequences if they are found to have sold cigarettes to a child.
Use of the information and data contained within this site or these pages is at your sole risk.
If you rely on the information on this site you are responsible for ensuring by independent verification its accuracy, currency or completeness.
This site includes links to other websites operated by community, business and government.
These linked websites will have their own terms and conditions of use and you should familiarise yourself with these.
All linked websites are linked 'as is' and the Government of South Australia:
does not sponsor, endorse or necessarily approve of any material on websites linked from or to this Site;
does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this Site;
does not make any warranties or representations that material on other websites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; and
does not authorise the infringement of any intellectual property rights contained in material in other websites by linking this site to those other websites.
If you use automatic language translation services in connection with this site you do so at your own risk.
The information and data on this site is subject to change without notice. The Government of South Australia may revise this disclaimer at any time by updating this posting.
The Government of South Australia, its agents, instrumentalities, officers and employees:
make no representations, express or implied, as to the accuracy of the information and data contained on this site
make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on this site or any linked website into another language
make no representations as to the availability of the site and the availability of websites linked from or to the site
accept no liability however arising for any loss resulting from the use of the site and any information and data or reliance placed on it (including translated information and data)
make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose
accepts no liability for any interference with or damage to a user's computer, software or data occurring in connection with or relating to this Site or its use or any website linked to this site
do not represent or warrant that applications or payments initiated through this site will in fact be received or made to the intended recipient. Users are advised to confirm the application or payment by other means.