Retail landlords have been reminded that new laws have taken effect in NSW, giving owners new powers and responsibilities to help combat illicit tobacco and vaping.
The changes, which took effect on July 1, establish a new offence for commercial lessors who knowingly permit their premises to be used for the sale of illicit tobacco or illicit vaping goods. The offence carries a maximum penalty of $165,000, imprisonment for up to one year, or both.
The reforms also expand existing lease termination powers so that landlords may terminate any wholesale or retail lease where a closure order is in effect for the premises, extending beyond arrangements covered by the Retail Leases Act 1994.
The Shopping Centre Council of Australia (SCCA) said it is important that landlords understand the new requirements and review their arrangements to ensure they remain compliant.
“These legislative changes follow laws already in Queensland and introduce new obligations for landlords and expand existing lease termination powers in relation to premises determined by the Government to be involved in the sale of illicit tobacco and vaping products,” said Angus Nardi, CEO of the SCCA.
“The SCCA has worked closely with the NSW Government and NSW Health to ensure a sensible approach and will continue to engage constructively as the new legislative framework is implemented,” Nardi added.
Landlords who are aware of, or suspect, unlawful activity are advised to report the matter to NSW Health through its established reporting channels.
Further information, including details of closure orders and tobacco retailing laws, is available through NSW Health’s website.
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