Key Takeaways：

• NSW introduces the Public Health (Tobacco) Amendment (Landlord Offences) Bill 2025 to penalize landlords permitting illegal tobacco and vape sales.
• Maximum penalty: 1 year imprisonment, $165,000 fine, or both.
• Part of broader reforms targeting illicit tobacco and vaping markets.
• NSW Health and Police have seized 11.8 million cigarettes, 2,000 kg of tobacco, and 170,000 illegal vaping products in 2025.

The Minns Labor Government has announced a new legislative measure that will make it an offence for commercial landlords to knowingly allow their tenants to sell illicit tobacco and illegal vaping products. The initiative, part of the Public Health (Tobacco) Amendment (Landlord Offences) Bill 2025, introduces strict penalties including up to one year in prison, a fine of $165,000, or both.

The measure targets landlords who are aware of illicit retail operations being conducted on their premises but fail to report them or take action to remove offending tenants. The government emphasized that most landlords comply with the law, but those who deliberately permit such activities will face consequences.

According to NSW Health, the proposed legislation was developed after consultations with key stakeholders, including landlord representatives, retailers, health advocates, and government agencies. Public feedback was also gathered through a “Have Your Say” survey.

This announcement coincides with intensified enforcement operations by NSW Health and NSW Police. Since January 2025, authorities have conducted approximately 1,260 inspections across retail outlets, seizing contraband valued at nearly $18.9 million.

Between January and October 2025, the NSW Ministry of Health completed 17 prosecutions, resulting in fines totaling $597,200, with another 27 cases currently before the courts.

The new bill builds on a series of recent reforms designed to combat the illicit tobacco and vaping trade, including:

• New offences for possession and sale of commercial quantities of illicit tobacco, each carrying maximum penalties exceeding $1.5 million or 7 years’ imprisonment, or both.
• Closure orders for up to 90 days (short-term) or 12 months (long-term) on premises selling illicit tobacco or vapes without a licence.
• Additional penalties for breaching closure orders, including entering or trading from closed premises.
• Lease termination powers for landlords when a closure order is issued.
• Nation-leading offences for falsely claiming to be licensed, resisting seizures, or attempting to reclaim seized products.

Minister for Health Ryan Park stated:

“This bill recognises and reinforces the important role that landlords need to play against the sale of illegal tobacco and vapes.

This measure will further minimise opportunities for illegal sales to flourish. While most landlords do the right thing, those who knowingly enable this activity undermine legitimate business and expose communities to criminal networks.”

The legislation underscores NSW’s growing crackdown on illegal tobacco and vaping products, reflecting a coordinated effort to strengthen public health laws and protect legitimate retailers.