Landlords face jail time under South Australia’s proposed illicit tobacco crackdown

Penalties for dealers rise to 17 years and fines to $21 million under laws tabled this week

By LineZotpaper
Published
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The South Australian government will table amendments to cigarette and retail laws in parliament this week, targeting the illicit tobacco trade with jail time for repeat-offending landlords, longer business closure orders, and higher penalties of up to 17 years in prison and $21 million in fines.

The South Australian government will table amendments to cigarette and retail laws in parliament this week, in a bid to crack down on the illicit tobacco trade.

Under the proposed changes, dealers could be jailed for up to 17 years and anyone caught with large commercial quantities could face fines of up to $21 million, up from $6.6 million. Expiations for supply and possession would rise from $20,000 to $175,000.

Landlords convicted for a second time of knowingly causing or permitting their premises to be used for illicit conduct could be jailed for a year. Police Minister Michael Brown said the laws would close a gap.

“There’s been a gap in the law when it comes to powers and obligations on landlords in particular,” Mr Brown said. “One of things that landlords have told us is that they felt that our closure orders in South Australia weren’t for a long enough period and also that they weren’t empowered enough to be able to cancel leases of those people running illegal tobacco stores.”

The amendments also create a new 130-day closure order for businesses, between the current 28-day option and the 12-month closure imposed by courts, and ban ATMs from retailers found selling tobacco without a licence.

Rohan Pike, a former federal police officer and founder of the Tobacco Strike Team, said the legislation acknowledged that earlier settings had failed. “It seems that they’re locked in a bit of an arms-legislation race with the other states,” he said. “There’s a difference between harsh legislation and harsh enforcement. It’s not certain that South Australia has sufficient resources to enact these proposals.” Asked about the penalty scale, he said he could not see how a 21-year penalty for selling cigarettes would ever be enforced, saying “You hardly get that for murder these days.”

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Analysis

Why This Matters

  • The proposed laws would make landlords partly responsible for illegal tobacco sold on their premises, with repeat offences carrying jail time.
  • Penalties would rise sharply, including fines of up to $21 million and prison terms of up to 17 years for dealers.
  • The crackdown comes amid wider concerns about the growth of the illicit tobacco market and whether strong laws can be backed by enforcement.

Background

Illegal tobacco has become a persistent issue in Australia, where high excise on legal cigarettes has been linked to demand for cheaper black-market products. State governments have responded with escalating penalties aimed at sellers and at the premises used for the trade. South Australia’s amendments are the latest step in that effort.

Key Perspectives

SA government and Police Minister Michael Brown: The changes close a gap in the law, give landlords stronger powers to cancel leases, and impose obligations on those who turn a blind eye to illegal stores.

Landlords: According to Minister Brown, landlords have said existing closure orders were too short and did not empower them to end leases with tenants running illegal tobacco shops.

Critics/Skeptics: Rohan Pike argues there is a difference between harsh legislation and enforcement, and questions whether South Australia has the resources to enact the proposals. He also doubts very long prison terms will ever be applied.

What to Watch

  • The tabling of the amendments in SA parliament this week and any changes made during debate.
  • Whether the government pairs the higher penalties with additional enforcement resources.
  • How landlords respond to their new obligations, including lease cancellation powers and the risk of prosecution.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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