New South Wales Tobacco Retailers are facing a new licensing and penalties scheme following the introduction of legislation this week that the Minister for Health, Ryan Park MP, described as “the most significant tobacco retailing reforms in NSW in the last decade” explaining that the “will help us combat the scourge of illicit tobacco sales across the state”.

If implemented the changes will require the licensing and registration of tobacco retailers, including the payment of annual fees, that will be utilised to increase enforcement activities in an effort to identify and punish those retailers who are breaching the law.

Under the proposed laws, any retailer caught selling illegal tobacco or non tobacco smoking products, will have their licence removed permanently, with a life long ban on the retailing of tobacco or non tobacco smoking products to be issued as a result of proven breaches.  This ban is in addition to  increased fines up to $220,000 per breach.

The changes are hoped to assist the government in funding increased enforcement, as well as acting as a substantial deterrent to what is described as a “booming illegal tobacco industry” operating within and around legitimate retail networks.

The proposed laws increase the penalties for all breaches including significantly increasing the penalty for retailing tobacco or non tobacco smoking products to minors.  Individuals retailing to minors will face fines of up to $22,000 for a first offence and $110,000 for any subsequent offences.  Businesses will face fines of up to $220,000.

Plain packaging breaches will also attract increased fines, with the current penalties doubling from $55,000 to $110,000.

Health Minister Ryan Park said the new licensing scheme would allow the government to have better oversight of the tobacco industry.

“Retailers should be put on notice that if they are caught breaking tobacco retailing laws they will be penalised,” he said.

For more on the proposed changes see:  https://www.nsw.gov.au/media-releases/strengthening-enforcement-to-tackle-illegal-tobacco

ACAPMA

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