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NSW commercial landlords to face $165k fine over illegal tobacco
NSW Parliament has passed legislation that will make it an offence for landlords to knowingly permit tenants to use retail properties to sell illicit tobacco or vaping products.
The offence carries a fine of up to $165,000, or one year of imprisonment, or both, if landlords were aware that tenants were selling illicit products from their premises and permitted the activity to continue without taking steps to report or evict the tenant.
The legislation, which passed Parliament last week, came as part of the government’s broader bid to strengthen tobacco laws.
Recently, the NSW government added 30 NSW Health Inspectors to its dedicated, state-wide team working with NSW Police to close down stores selling illicit tobacco and vaping products.
As of 24 April 2026, NSW Health has issued 220 short-term closure orders since 3 November 2025, with 158 currently in force.
The NSW government said it was aware that some wrongdoers were using QR codes and social media to facilitate the ongoing sale of illicit tobacco to customers, even after a closure order was issued.
“NSW Police and NSW Health are working together to identify these methods and pivot their enforcement strategies to shut down this activity,” it said.
Minister for Health Ryan Park warned that landlords who intentionally allowed tenants to sell tobacco and illegal vapes were exposing their community to associated criminal activities.
“This legislation builds on our extensive efforts to crack down on illegal tobacco and vapes across the state, and with a bolstered workforce, we are prepared to tackle this problem head-on,” he said.
“We are sending a clear message to those people, including landlords, who are doing the wrong thing – sooner or later, we will come for you,” Park concluded.
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