New Bill Targets Commercial Landlords to Combat Illicit Tobacco and Illegal Vaping Sales

Nov 13, 2025
3 min read

Updated: Feb 24

The Minns Labor Government Plans to Tackle Illegal Tobacco and Vaping Sales

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The Minns Labor Government is taking a strong stance against illegal tobacco and vaping sales. They plan to introduce the Public Health (Tobacco) Amendment (Landlord Offences) Bill 2025. This legislation aims to create an offense for commercial landlords who knowingly allow their properties to be used for selling illicit tobacco and illegal vapes.

New Offense and Penalties

Under this new law, landlords could face serious consequences. The maximum penalty includes up to one year in prison, a fine of $165,000, or both. This offense targets landlords who are aware of illegal activities occurring on their properties. Instead of reporting these activities or evicting the tenants, they choose to ignore the situation.

Stakeholder Engagement

The proposed legislation was developed after extensive engagement with key stakeholders. This included three roundtables with landlord representatives, retailers, and health advocates. Additionally, consultations with partner government agencies and a public 'Have Your Say' survey helped shape the bill.

Recent Actions by NSW Health and Police

Recently, NSW Health and NSW Police have intensified efforts to shut down illegal tobacco and vaping stores. This initiative aligns with the NSW Government’s stringent new laws. From January 1, 2025, to October 27, 2025, NSW Health Inspectors conducted around 1,260 retailer inspections. They seized over 11.8 million cigarettes, more than 2,000 kg of other illegal tobacco products, and approximately 170,000 illegal vaping items. The combined estimated street value of these seizures is about $18.9 million.

Night scene of a lit bottle shop with Thirsty Camel signage, bright posters, and an empty parking area. Neon signs add colorful highlights.

Legal Consequences

During the same period, the NSW Ministry of Health completed 17 prosecutions. The courts imposed a total of $597,200 in fines related to e-cigarette and tobacco offenses. Currently, there are 27 prosecutions, including a District Court appeal, pending in the courts.

Recent Reforms in the Tobacco and Vaping Market

This legislation builds on recent reforms targeting the illegal tobacco and vaping market. Key reforms include:

A new offense for possessing a commercial quantity of illegal tobacco, with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both.
New penalties for selling illegal tobacco, with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both.
The introduction of short-term (up to 90 days) and long-term (up to 12 months) closure orders for premises selling illegal tobacco, vaping goods, or selling tobacco or non-tobacco smoking products without a license.
New offenses and penalties for anyone breaching these closure orders, including entering closed premises or selling products from closed premises.
New lease termination powers for landlords where a closure order is in place.
New leading offenses for falsely claiming to be licensed, resisting seizure, and attempting to retake seized products.

The Importance of Public Health

The new legislation is not just about penalties. It emphasizes the importance of public health. By targeting illegal sales, the government aims to reduce access to harmful products. This is crucial for protecting vulnerable populations, especially young people. The rise of vaping among youth has raised significant health concerns. By cracking down on illegal sales, the government hopes to deter underage access to these products.

Community Awareness and Education

Another key aspect of this initiative is community awareness. The government plans to launch educational campaigns. These will inform the public about the dangers of illegal tobacco and vaping products. Understanding the risks associated with these products is vital. Education can empower individuals to make informed choices and report illegal activities.

Collaboration with Local Authorities

Collaboration with local authorities is essential for the success of this initiative. The government will work closely with local councils and community organizations. This partnership will help in identifying hotspots for illegal sales. Together, they can implement strategies to address these issues effectively.

Conclusion

The Minns Labor Government's efforts represent a significant step towards combating illegal tobacco and vaping sales. By holding landlords accountable, they aim to create a safer environment for the community. The new legislation, along with ongoing enforcement actions, will help curb the illegal market and protect public health.