From 1 October 2025 all NSW tobacco retailers are required to hold a valid licence to retail tobacco.

 What has changed

As ACAPMAg covered last year when the legislation was released (see here) and on 1 July 2025 when applications opened (see here) a new Tobacco Licencing Scheme applies to all retailers of tobacco in NSW.

The new Licencing Scheme completely replaces the old ‘registration’ scheme.

“What is important for all members to note is that there is no automatic rollover from the registration scheme to the licencing scheme.  This means that each retailer will need to apply for a licence, even if they are currently registered to retail tobacco”, explains ACAPMAs Elisha Radwanowski.

Key Dates

  • 1 July 2025
    • The applications for the new Tobacco Licences open for tobacco retailers and wholesalers

 

  • 1 October 2025
    • A valid licence MUST be submitted to the authorities BEFORE this date in order to continue retailing/wholesaling tobacco.
    • “This is the last chance for operators to apply and continue trading while the application is processed.  Any application received after 1 October 2025 will have to remove all tobacco products from sale until AFTER the application is approved”, added Elisha.

 

  • 2 October 2025
    • All retailers and wholesalers must hold either a valid Licence or evidence of an Application for a Licence dated before 2 October 2025 in order to offer tobacco products for sale.
    • Any application for a licence received on or after 2 October 2025 will be required to wait until AFTER the application is approved and the Licence granted BEFORE they can retail tobacco, and must remove from sale any such products until such approval is granted.

Penalties

Fines of $11,000 to the individual and $220,000 for the business for a first offence, apply to any found retailing or wholesaling tobacco in breach of these provisions.

The fines for individuals rise to $44,000 to the individual for second and subsequent offences.

Next Steps

The applications for Tobacco Licences are open now, and ACAPMA recommends all members turn their attention to the application process without delay to avoid disruptions as the Licencing Scheme applies in full from 1 October 2025.

ACAPMA

 

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