Over 100 short-term closure orders issued to illegal tobacconists as tobacco excise increases tomorrow

02 March 2026

NSW Health Inspectors have now issued 105 short-term closure orders since new laws strengthening tobacco and vaping control efforts came into effect in November 2025.
 
This milestone comes ahead of a further increase to the federal tobacco excise expected tomorrow, driving concerns this will push more people to illicit market tobacco as the cost disparity between illegal and legal tobacco continues to grow.

Under the November 2025 laws, NSW Health supported by NSW Police make short-term closure orders of up to 90 days for premises selling illicit tobacco, illegal vaping goods, or selling tobacco without a licence.

In the past 10 days, 30 more stores across Hunter New England, Murrumbidgee, Nepean Blue Mountains, Northern Sydney, Sydney, South Eastern Sydney, South Western Sydney, Western Sydney, Illawarra Shoalhaven, and Western NSW Local Health Districts have been shut down immediately for 90 days.

NSW Health inspectors seized approximately 700,000 illicit cigarettes and 3,900 illicit vapes while implementing the Closure Order at these 30 premises.

Further investigations will follow and additional enforcement action, including prosecution, may take place.

In mid-February, NSW Health took action to close a tobacco retailer in Rutherford for the second time after it was found to be in breach of a 90-day closure order for selling illicit tobacco and vapes.

A NSW Local Court can issue a long-term closure order of up to one year if it is satisfied that illicit tobacco or illegal vaping goods have been or are likely to be sold, or if tobacco or non-tobacco smoking products are sold or are likely to be sold without a licence.

The long-term closure orders are part of the NSW Government’s tough new laws to disrupt the supply of illicit tobacco and vaping goods across the state.

Additional reforms under the new legislation include:
  • ​a new offence for the possession of a commercial quantity of illicit tobacco with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both
  • new penalties for the sale of illicit tobacco with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both
  • new lease termination powers for landlords where a closure order is in place
  • new nation-leading offences for falsely claiming to be licensed, resisting seizure, and attempting to retake seized products.​
As part of ongoing efforts to strengthen compliance and enforcement of tobacco and vaping goods laws, the NSW Government recently announced the addition of 30 additional full-time equivalent tobacco Inspectors. The new Inspectors brings the dedicated state-wide team, which includes licensing, operational policy and project officers to a total of 78 staff.

Members of the public can lodge complaints about retailers they believe are doing the wrong thing via the complaints portal on the NSW Health website.​

More information on closure orders and penalties can be found on the NSW Health website: https://www.health.nsw.gov.au/tobacco/Pages/tobacco-retailing-laws.aspx

Quotes attributable to Minister for Health, Ryan Park:

“The recent closures should serve as a reminder for those people in the community who are doing the wrong thing that we are serious and they will be prosecuted.

“Now with the boost to the numbers of Inspectors on the ground, our work to disrupt the supply of these products is only going to ramp up to continuing protect public health across NSW.

“Our Inspectors actively monitor retailers, and if we find that you are continuing to sell these illicit products after being served a closure order, we will shut you down again and you will face further penalties.

“Despite the increase in the federal tobacco excise this week potentially bolstering the illicit market, we’re getting on with the job of cleaning up our communities and suburbs, doing our part to crack down on illicit tobacco.”