Changes to South Australia's tobacco laws have now come into effect for new and existing licence holders. More information is available on the Consumer and Business Services website.
To sell tobacco products you must have a retail tobacco merchant’s licence and follow:
- your licence conditions
- Tobacco and E-Cigarette Products Act 1997 (TEP Act)
- Tobacco and E-Cigarette Products Regulations 2019
You must pay a fee each year and provide information in an annual return, unless your licence is cancelled or suspended.
You’ll need to meet certain requirements and supply supporting documents.
There is a $340 fee.
If you have already started an application, you can pick up where you left off.
What you'll need
You must provide information about your business, including your:
- Australian Business Number (ABN)
- business/trading name registered with ASIC
- details of directors and other persons of authority (name, address and date of birth)
- addresses where you store tobacco (eg warehouses).
Persons of Authority
You must provide details of people who hold positions of authority in the business.
For body corporates these include:
- a director
- any person in a position to control or influence the business affairs
- a manager.
For trusts, it includes a trustee or someone who benefits from the trust.
A child who may benefit from a trust - or is a shareholder in a company - isn't considered to hold a position of authority, nor is a charitable organisation that may benefit.
Fitness to be licensed
New applicants will undergo screening by South Australia Police before a licence is granted. You will also be subject to ongoing monitoring.
You may not be considered a fit and proper person to hold a tobacco licence if you are:
- found guilty of a prescribed offence (eg offences relating to violence, serious and organised crime, fraud, dishonesty or tax/customs evasion)
- a member or close associate of a member of a prescribed organisation (eg Outlaw Motorcycle Gang)
- insolvent under administration.
Licence conditions
Full licence conditions are listed on the Consumer and Business Services website.
These include, but are not limited to:
- one licence per outlet
- you must display the Licence and Prescribed Sign
- a limit on the number of points of sale where tobacco and e-cigarette products can be sold
- restrictions for temporary stalls.
Assessing a new application can take up to 3 months, but relevant information or concerns may take longer. You shouldn't make any financial commitments or establish a dedicated premises on the assumption your licence will be approved.
Circumstances that may prevent a licence being issued could include:
- primary client or customer base being minors under 18 years of age
- compliance history
- ability to comply with other related requirements (such as enclosed area laws).
