NSW to Penalise Landlords Who Allow Illegal Vape and Tobacco Sales

Landlords who allow illegal vape or tobacco sales face up to one year in jail or $165,000 fines under NSW’s new public health offence.

A man smokes a vape device in Manchester, England, on May 30, 2023. Christopher Furlong/Getty Images

Landlords who turn a blind eye to illegal vape and tobacco sales are about to face serious consequences in New South Wales (NSW).

The government has announced a new offence carrying heavy penalties for landlords who know illegal vape or tobacco sales are occurring on their properties and fail to act. Offenders face up to one year in prison, a $165,000 fine, or both.

It is designed to close a gap in enforcement, holding property owners accountable when they knowingly enable illegal trading operations.

The Minns government said the proposal was shaped after extensive consultation, including three roundtables with landlords, retailers, and health advocates, engagement with partner agencies, and feedback received through a public “Have Your Say” survey.

The crackdown comes as NSW Health and NSW Police intensify enforcement operations across the state.

Since Jan. 1 this year, inspectors have conducted around 1,260 inspections of retailers and seized more than 11.8 million cigarettes, over 2,000 kilograms of illicit tobacco, and around 170,000 illegal vapes—an estimated street value of $18.9 million.

Between January and Oct. 27, the Ministry of Health finalised 17 prosecutions, with courts issuing a total of $597,200 in fines.

Vaping Rises

Recent data released by the state government shows vaping has stabilised but remains significantly higher than in previous years.

In 2024, 6.7 percent of people aged 16 and over reported daily or occasional vaping, compared with 8.5 percent in 2023. Despite this dip, usage remains well above the 2020 figure, when only 2.1 percent of adults vaped.

Among people who vaped in 2024, 52 percent reported using their device within 30 minutes of waking, a key indicator of nicotine dependence.

The report says this points to high addiction levels even as overall usage begins to stabilise.

Young People Hit Hardest

Across 2023–2024, young adults aged 16 to 24 had the highest vaping rate at 20 percent.

While vaping surged rapidly among this group from 2018 to 2023, authorities say early signs now point to stabilisation.

Vaping rates also rose sharply among Aboriginal people, with 13 percent reporting daily or occasional use in 2023–2024—up from 2 percent in 2019–2020.

Vaping continues to be strongly linked to smoking history.

Over the three years from 2020–21 to 2023–24, vaping increased from 11 percent to 18 percent among tobacco smokers, from 6 percent to 12 percent among former smokers, and from 1 percent to 2 percent among people who had never smoked.