Several regimes can apply at once
Illicit tobacco and nicotine vaping matters can involve NSW public health legislation regulating the sale and possession of tobacco and e-cigarette products, Commonwealth excise and customs laws dealing with importation and duty, and Commonwealth therapeutic goods laws that, since 2024, restrict the importation and supply of vaping goods.
NSW has also increased penalties and introduced powers allowing authorities to seek the closure of premises involved in selling illicit tobacco or vapes. Identifying which legislation is relied on, and what must be proved under it, is the starting point.
Who may be affected
- Shop owners and business operators
- Employees and family members working in a store
- Company directors and officers
- Owners of premises affected by closure order proceedings
- Importers, and people receiving or forwarding consignments
Act early after an inspection or seizure
Inspections and seizures are often the first step. What is said to inspectors and the records produced can become important evidence. If your premises have been inspected, goods have been seized or you have received a notice, obtain advice before responding.
How we assist
- Advice following inspections, seizures and search warrants
- Defending charges of selling, supplying or possessing illicit tobacco and vapes
- Commonwealth excise, customs and therapeutic goods prosecutions
- Responding to closure order applications
- Penalty notices and infringement matters
- Related proceeds of crime and asset recovery issues
Frequently asked questions
I am an employee, not the owner. Can I be charged?
Potentially, yes. Several offences can apply to any person who sells or possesses the products. Evidence about your role, knowledge and instructions is relevant both to whether a charge can be proved and to any outcome.
Can goods seized by inspectors be returned?
Sometimes. It depends on the power used to seize the goods and the outcome of any proceedings. Seized illicit products are commonly forfeited, so advice should be obtained promptly.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.