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Fines of up to $44,000 for NSW Retailers Selling Tobacco Without a Licence

In coming months, new laws will also come into force giving the government the power to shut down shops selling illegal vapes or illicit tobacco
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Fines of up to $44,000 for NSW Retailers Selling Tobacco Without a Licence
A man holds a lit cigarette while smoking in San Francisco, on Dec. 2, 2020. The Canadian Press/AP-Jeff Chiu
Monica O’Shea
Monica O’Shea
10/2/2025|Updated: 10/2/2025
0:00

Retailers in New South Wales now face fines of up to $44,000 for selling tobacco or vaping products without a licence.

Under the state government’s new Tobacco Licensing Scheme, all businesses selling tobacco or non-tobacco smoking products must hold a licence. A three-month grace period ended at midnight on Oct. 2.

“If a retailer or wholesaler has submitted a valid licence application on or before 1 Oct. 2025, they can continue to trade until notified of the outcome of their application,” the government said.

A new enforcement team within the Centre for Regulation and Enforcement at NSW Health will oversee the scheme.

Corporations could face fines between $220,000 and $880,000 for failing to hold a licence to sell tobacco.

Health Minister Ryan Park said the Minns Labor government was determined to protect the community.

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“My message to those doing the wrong thing is that sooner or later, we will come for you,” Minister Park said. “By working closely with other enforcement agencies at a state and national level, we can address the sale of illicit tobacco.”

The state government has received more than 5,600 tobacco licence applications, and about 4,500 have been approved to date.

Pharmacies can continue selling therapeutic vapes without a licence, but it is illegal for tobacconists, supermarkets, or other stores to sell them.

Kerry Chant Urges NSW Residents to Quit Smoking

NSW Chief Health Officer Kerry Chant encouraged residents to see the new laws as an opportunity to quit.

“Tobacco use remains one of the biggest factors in premature death. I acknowledge it’s not easy, but I encourage anyone who smokes to think about quitting for themselves and for their loved ones,” she said.

“Quitting smoking remains the most beneficial thing an individual can do to improve their health.”

Chant encouraged anyone who needs support to quit smoking or vaping to talk to their GP or call the NSW Quitline.

“The Quitline is a free and confidential telephone counselling service that provides customised assistance to help you quit smoking,” she said.

She said the new licensing regime gave authorities greater oversight of retailers and wholesalers to ensure compliance.

Opposition Warns Criminals Will Ignore Rules

However, Shadow Health Minister Kellie Sloane raised concerns that the scheme would not deter illegal operators.

“The criminals do not care about paperwork, and thousands of them have not signed up for a licence. They will continue selling illicit products in our communities until they get caught,” she told reporters.

“The government needs to invest in a massive scale-up of enforcement in the short term.”

Closure Powers for Illegal Tobacco Shops

In addition, the Tobacco Legislation (Closure Orders) Amendment Act 2025 will give the government the power to close illegal tobacco shops within “coming months.”

Passed by the parliament in September, the new law will allow authorities to close premises for up to 90 days, or up to a year if they sell illicit tobacco, illegal vaping products, or any smoking products without a licence.

A new offence targeting the commercial possession of illicit tobacco carries a maximum penalty of $1.54 million, seven years’ imprisonment, or both. Selling illicit tobacco attracts the same penalties.

Leader of the Opposition Mark Speakman said his party had proposed the laws earlier this year in June.

“These new laws will crack down on the dodgy tobacconists popping up on every high street in NSW,” he said.

“These laws will shut down their illegal tobacco stores, cut off a money stream that funds their illegal activities, and put them behind bars.

“With the passage of these new laws, the job now falls to the government to ensure they are enforced. The community expects nothing less than to start seeing these stores closed down.”

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Monica O’Shea
Monica O’Shea
Author
Monica O’Shea is a reporter based in Australia. She previously worked as a reporter for Motley Fool Australia, Daily Mail Australia, and Fairfax Regional Media. She can be reached at monica.o'[email protected]
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