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State steps up fight against underworld tobacco trade

The NSW government has introduced legislation to crack down on the illegal sale of tobacco and vaping products.  

A new offence of commercial possession of illicit tobacco will carry a maximum fine of more than $1.5 million and up to seven years in prison.

Similar penalties will apply to the sale of illicit tobacco products.

Individuals selling tobacco without a licence could be fined up to $660,000, while corporations could face penalties up to $880,000.

It will be an offence to falsely claim to have appropriate licences, resist seizure operations or attempt to retake seized products.  

Inspectors will have new powers to order up to 90-day shutdowns of premises engaged in illegal or non-licensed tobacco sales, and there will be closures of up to 12 months for more serious offences. 

Landlords will be allowed to terminate leases on premises where a closure order is in place.  

State Health Minister Ryan Park says the laws introduce “among the toughest penalties in the country” for the illegal trade of tobacco and vapes.  

“This isn’t just a serious health issue, it’s about fairness, because these illegal operators are undercutting small businesses that are doing the right thing.”  

NSW Health says it has conducted more than 700 retailer inspections this year, seizing good with an estimated street value of $6.8 million and issuing about $316,000 of fines.  

The changes follow recent crackdowns in Victoria and Queensland.