The three-month grace period for NSW retailers and wholesalers to apply for a licence to sell tobacco or non-tobacco smoking products as part of the state government’s new Tobacco Licensing Scheme ends at midnight tonight.
From tomorrow, retailers must have a valid tobacco licence and display it at the point of sale to sell tobacco or non-tobacco smoking products. Those who continue to do so without holding and displaying the license will face penalties.
If a retailer or wholesaler has submitted a valid licence application on or before 1 October 2025, they can continue to trade until notified of the outcome of their application.
The new Centre for Regulation and Enforcement (CRE) in NSW Health is a dedicated unit created to strengthen compliance and enforcement and will work closely with state and federal agencies to ensure a unified approach.
The Minns government has now also passed the Tobacco Legislation (Closure Orders) Amendment Act 2025, adding to what they describe as some of the toughest illegal tobacco penalties in Australia.
This Act will increase the maximum penalties for anyone caught selling products without a valid licence from $11,000 (first offence) or $44,000 (second offence) up to $660,000 for individuals and from $220,000 up to $880,000 for a corporation.
It will also introduce the power to issue short-term (up to 90 days) and long-term (up to 12 months) closure orders for premises selling illicit tobacco or illegal vaping goods or selling tobacco or non-tobacco smoking products without a licence.
A new offence will also come into effect for the commercial possession of illicit tobacco, with a maximum penalty of up to $1.54 million, 7 years’ imprisonment, or both, and a new maximum penalty will commence for the sale of illicit tobacco of up to $1.54 million, 7 years’ imprisonment, or both.
How to apply
Businesses can apply for a licence online using their MyServiceNSW account via the Service NSW website. Applicants are required to complete an online application, provide a recent criminal records check and pay the yearly licence fee. Businesses can get support to submit their licence application by calling the Tobacco Information Line on 1800 357 412.
In determining an application, the NSW Health Secretary may consider relevant information such as:
- If the applicant or relevant person has been found guilty of an offence relating to the sale or supply of tobacco or vaping goods under any relevant state or Commonwealth law.
- If the applicant has provided false or misleading information in their tobacco license application.
- If the applicant has failed to comply with another retail or wholesale licence they currently or have previously held.
- The recommendation of a law enforcement agency, including the NSW Police Force, Australian Federal Police or other state, territory or Commonwealth agency.
Raids
In the last financial year, NSW Health inspectors have conducted approximately 1,750 retailer inspections, seizing more than 14 million cigarettes, 2,800 kgs of other illicit tobacco products and over 200,000 illegal vaping goods with a combined estimated street value of around $21.8 million.
In the same period, 16 prosecutions were finalised, with court-imposed fines totalling $432,660.
NSW Minister for Health, Ryan Park, said ‘The previous Liberal Government failed to implement a tobacco licensing scheme leaving us the last state in the country to do so and leaving us behind the ball in illegal tobacco enforcement.
‘The system the previous Liberal Government left behind meant there was no way to clearly identify tobacconists selling illegal cigarettes. It’s for this reason we’re introducing a long overdue tobacco licensing scheme, to help us better identify illegal tobacconists.
‘My message to those doing the wrong thing is that sooner or later, we will come for you. The Minns Labor Government is determined to protect the community from the impacts of tobacco and vapes. By working closely with other enforcement agencies at a state and national level we can address the sale of illicit tobacco.’
NSW Chief Health Officer, Dr Kerry Chant said, ‘The Tobacco Licensing Scheme gives us better oversight of retailers and wholesalers selling tobacco to ensure they are doing the right thing and to take appropriate action if they are not.
‘Tobacco use remains one of the biggest factors in premature death. I acknowledge it’s not easy, but I encourage anyone who smokes to think about quitting for themselves and for their loved ones. Quitting smoking remains the most beneficial thing an individual can do to improve their health.’
‘If you need support to quit smoking or vaping talk to your GP or call the NSW Quitline on 13 7848. The Quitline is a free and confidential telephone counselling service that provides customised assistance to help you quit smoking.’
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