Tough vaping laws put rogue retailers on notice

• New tobacco and vaping laws that carry the harshest penalties in Australia have now passed in Queensland’s Parliament.
• Retailers illegally supplying cigarettes or vapes face up to two years in jail and/ or fines of up to $1.6 million.
• The laws include nation-first powers allowing authorities to close offending businesses for up to six months.

The Miles Government has passed tough new laws to crack down on the illicit supply of tobacco products and vapes.

Queensland retailers who illegally sell cigarettes or vapes will now face jail terms, steeper fines, and extended closures.

The amendments to the Tobacco and Other Smoking Products Act 1998 allow for tougher penalties including up to two years’ imprisonment and/ or court penalties up to $322,600 for an individual, or $1.6 million for a corporation.

Queensland is the first state to introduce strict new closure powers that allow authorities to close a business for up to six months if they continue to sell illicit tobacco or vape products or operate without a smoking product licence.

This means Queensland’s illicit tobacco and vaping enforcement framework is now streamlined so that supply and possession offences now exist under a single piece of legislation.

A licensing scheme to further regulate the sale of smoking products took effect this month, with unlicensed businesses facing court penalties of up to $161,300 for an individual, or $806,500 for a corporation. To date, over 4,750 licences have been granted.

The new laws complement the Miles Government’s $28.4 million funding package to boost enforcement, support vaping cessation, and develop a support program for school-aged children with nicotine dependency.

In 2023-2024, State and Federal authorities, including Queensland Health and Queensland Police Service:

• seized more than 24.5 million illicit cigarettes, 9.1 tonnes of loose tobacco and 223,020 vapes;
• carried out 1,410 inspections and surveillance activities (Queensland Health officers only); and
• undertook 1,636 enforcement actions, including written warnings, improvement notices, on-the-spot fines, seizures, and legal proceedings.

Last year Queensland Health also introduced a ‘There’s Nothing Sweet About Vapes’ campaign to specifically target young people on social media platforms, to highlight the harmful chemicals and health effects.

The Miles Labor Government is also increasing funding to Quitline to $5.1 million each year to ensure tailored support can be provided to more people addicted to nicotine, including for young people.

Queensland Health and Education Queensland have also implemented a new ‘Pathways to Cessation’ program is promoting working in collaboration to develop and implement a pilot vaping/tobacco smoking cessation support program for secondary school students (aged 12-18) and supporting vaping cessation in Queensland secondary schools.

Quotes attributable to the Minister for Health, Mental Health and Ambulance Services and Minister for Women Shannon Fentiman:

“We make no apologies and will do everything we can to protect Queenslanders, especially kids, from the harms of smoking and vaping.

“It’s why we are putting smoking product retailers on notice – if you believe you can illegally sell cigarettes or vapes, think again.

“You will face some of the most severe penalties in Australia, including jail time.

“The new laws mean enforcement officers can act swiftly and decisively to seize illegal products, so that they stay out of the hands of young people.

“We have seen evidence today that vaping has become a health crisis in our state, with rates of school students trying e-cigarettes more than doubling since 2017.

“Smoking in any form carries serious health risks like lung and heart damage, which is why we need strong action, like these tough new laws.

“The Miles Government is proud to be tackling this illegal trade head-on to keep Queenslanders safe.”

Quotes attributable to Chief Health Officer Dr John Gerrard:

“I welcome these laws. They are critical in our efforts to keep vapes and other illicit smoking products out of our corner shops.

“They support the Commonwealth laws, which are designed primarily to keep vapes out of the country.

“Our shops are the last frontier in the fight against illegal vapes.

“If these products do make their way across our borders and into stores, Queensland’s new laws and their tougher penalties will make it much easier for us remove them and take enforcement action against retailers.”

ENDS