The three-month grace period for retailers and wholesalers in New South Wales (NSW) to obtain a license for selling tobacco and non-tobacco smoking products concludes at midnight tonight. Beginning tomorrow, all retailers must possess a valid tobacco license, prominently displayed at the point of sale. Failure to comply will result in penalties for those who continue to sell without the required license.
Retailers and wholesalers who submitted a valid application by October 1, 2025, may continue operations until they receive a decision on their application. The introduction of the Tobacco Licensing Scheme is part of the NSW Government’s efforts to strengthen regulation around tobacco sales.
New Penalties and Enforcement Measures
The implementation of this scheme coincides with the passing of the Tobacco Legislation (Closure Orders) Amendment Act 2025, which introduces some of the strictest penalties for illegal tobacco sales in Australia. Under the new law, the maximum fines for selling tobacco products without a license will rise significantly. First-time offenders may face penalties up to $660,000, while corporations could incur fines reaching $880,000.
Additionally, the act allows for the issuance of closure orders ranging from 90 days to 12 months for businesses caught selling illicit tobacco or illegal vaping products. A new offence for the commercial possession of illicit tobacco will also come into effect, carrying a maximum penalty of up to $1.54 million and possible imprisonment for seven years.
Application Process and Compliance Oversight
Businesses can apply for a tobacco license through their MyServiceNSW account on the Service NSW website. The application process involves completing an online form, providing a recent criminal record check, and paying the annual license fee. For assistance, businesses can reach out to the Tobacco Information Line at 1800 357 412.
The Secretary of NSW Health will evaluate applications based on various factors, including any past convictions related to tobacco sales and compliance with existing licensing requirements. Recommendations from law enforcement agencies, such as the NSW Police Force, may also influence decisions.
In the past financial year, NSW Health inspectors conducted approximately 1,750 inspections of retailers, seizing over 14 million cigarettes and more than 200,000 illegal vaping products, with an estimated street value of $21.8 million. Sixteen prosecutions during this period resulted in fines totaling $432,660.
Ryan Park, the NSW Minister for Health, emphasized the importance of the new licensing system, stating that the previous government had left the state vulnerable to illegal tobacco sales. He asserted, “The system the previous Liberal Government left behind meant there was no way to clearly identify tobacconists selling illegal cigarettes.”
Dr. Kerry Chant, the NSW Chief Health Officer, highlighted the scheme’s role in enhancing oversight of tobacco sales. She noted, “Tobacco use remains one of the biggest factors in premature death. I encourage anyone who smokes to think about quitting for themselves and for their loved ones.”
For individuals seeking support to quit smoking or vaping, resources are available through their general practitioners or the NSW Quitline at 13 7848. The Quitline offers free and confidential counselling services tailored to assist individuals in quitting.
Further details regarding the new Tobacco Licensing Scheme, including application procedures, can be accessed on the NSW Health website.
