New closure order powers now allow NSW Health to issue a short-term (up to 90 days) closure order or apply to the Local Court for a long-term (up to 12 months) closure order for premises selling illicit tobacco, or illegal vaping goods, or selling tobacco or non-tobacco smoking products without a valid licence.
Once a closure order is issued, it will be an offence to sell any products from the premises for the period of the closure order, and no-one will be able to enter the premises, except those people with an exemption or with a reasonable excuse.
There will be significant penalties for continuing to sell product from a premises subject to a closure order or for entering the closed premises without a reasonable excuse or exemption.
Closure orders will allow NSW Health, in collaboration with NSW Police, to take immediate action against businesses engaging in the illicit tobacco and illegal vape trade.
The NSW Health Secretary or delegate can issue a short-term closure order of up to 90 days if the Secretary or delegate reasonably suspects 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.
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.
A closure order can be issued if the NSW Health Secretary or delegate reasonably suspects, or a Local Court is satisfied a relevant breach has occurred, or is likely to occur, on the premises. A relevant breach means:
A short-term closure order can be issued by the NSW Health Secretary or delegate for up to 90 days.
A long-term closure order can be issued by a NSW Local Court for up to one year.
Factors that may be considered in determining the length of a closure order can include previous conduct of the business, the seriousness of the offence, or immediate and ongoing harm to the community.
Once a premises has been issued with a closure order it will be an offence to sell any products from the premises for the period of the closure order. A person cannot enter the premises without an exemption or a reasonable excuse, and no goods may be sold from the premises.
The NSW Health Secretary or delegate will give a public notice by posting a copy of the order on the front of, or near to the front of, the premises. The NSW Health Secretary may also publish the closure order on the Ministry's website.
NSW Health will take reasonably practicable steps to give a copy of the order and a statement explaining the effect of the order, reasons for making the order, and the lessors ability to terminate the lease, to certain people connected with the premises, including the owner and occupier of the premises. The ability to sever a tenancy for any premises subject to a closure order will provide a straightforward power for landlords to act against tenants using their premises for illicit activity.
Yes. The NSW Health Secretary (or delegate) or a Local Court can make the closure subject to exemptions. The Health Secretary or delegate can also make an exemption by written notice allowing certain people to enter closed premises.
If a premises is subject to a closure order, no-one will be able to enter the premises, except persons who are subject to an exemption or have a reasonable excuse.
If anyone enters a closed premises without an exemption or a reasonable excuse, they can be prosecuted and fined up $82,500 for a first offence, or up to $137,500 for a subsequent offence.
If a person sells any product (other than tobacco, non-tobacco smoking products or vaping goods) from a closed premises they can be prosecuted and face a maximum penalty of up to $192,500 for an individual or $687,500 for a corporation.
Penalties for selling tobacco, smoking products or vaping goods from a closed premises are higher than for selling other products.
If an individual sells tobacco products, non-tobacco smoking products or vaping goods from closed premises they can be prosecuted and face a maximum penalty of up to:
Corporations can face a fine of up to $687,500 for a first offence or up to $1,375,000 for a subsequent offence.
Yes. If a premises is subject to a closure order, a landlord can terminate a retail shop lease or licence by giving the lessee at least 28 days' notice. The termination is taken to be for repudiation of the lease by the tenant.
Yes. NSW Health, with support from NSW Police, will be targeting businesses selling illicit tobacco, vaping goods, and operating without a licence. Businesses that are doing the wrong thing will be closed.
NSW Health will be taking a strong compliance and enforcement approach to respond to the illicit tobacco and illegal vaping goods trade in NSW.
A list of premises that have been issued a closure order can be found at tobacco closure orders register.
Note: the list may not be complete, or there may be a delay to updating the public list.
Yes. If a long-term closure order is issued by a Local Court, the retail or wholesale licence for the premises is cancelled.
If a licence is cancelled there is no refund or compensation provided.
If a short-term closure is issued, the Secretary or delegate may decide to revoke a licence or to refuse a licence application or licence renewal for the premises.
Yes. NSW Health encourages you to report premises you believe are selling illicit tobacco, illegal vaping goods, or operating without a licence, or operating whilst subject to a closure order.
You can make a report by calling the Tobacco Information Line on 1800 357 412 or make a report through NSW Health's online reporting portal.
