Landlords Face Jail and Huge Fines Under Tough New NSW Vape Laws

Commercial landlords who knowingly allow tenants to sell illicit tobacco and illegal vaping products from their premises could face jail time and hefty fines under new laws passed by the NSW Parliament this week.

The Minns Labor Government has secured the passage of the Public Health (Tobacco) Amendment (Landlord Offences) Bill 2025, introducing new penalties aimed at strengthening enforcement against the illegal tobacco and vape trade across New South Wales.

The legislation, which will come into effect following formal proclamation, creates a criminal offence for landlords who are aware their properties are being used to sell illegal tobacco or vaping goods and fail to take action, such as reporting the activity or moving to evict tenants.

Under the new laws, offenders could face penalties of up to one year in prison, fines of up to $165,000, or both.

The reforms form part of a broader crackdown on the illicit tobacco and vaping market in NSW. Recent measures introduced by the government include penalties exceeding $1.5 million and up to seven years' imprisonment for possessing or selling commercial quantities of illicit tobacco.

Authorities have also been granted powers to impose short-term closure orders of up to 90 days and long-term closure orders of up to 12 months on businesses caught selling illegal tobacco, vaping products, or operating without the required licences.

Additional offences have been created for breaching closure orders, including entering or operating from closed premises. The legislation also gives landlords the ability to terminate leases where closure orders are in force.

The government has further introduced offences targeting people who falsely claim to hold licences, resist product seizures, or attempt to recover confiscated goods.

To support enforcement efforts, the Minns Government recently expanded NSW Health's Centre for Regulation and Enforcement by adding 30 full-time inspectors with Commonwealth funding support. The inspectors are working alongside NSW Police in a statewide operation targeting illegal tobacco and vape retailers.

As of 24 April 2026, NSW Health had issued 220 short-term closure orders since November last year, with 158 still active.

The government said some operators are attempting to bypass enforcement action by using QR codes and social media platforms to continue selling illicit products after closure orders have been issued. NSW Health and NSW Police are now adapting their enforcement strategies to target those tactics.

NSW Health Minister Ryan Park said landlords who knowingly support illegal tobacco and vape sales were contributing to criminal activity and undermining legitimate businesses.

He said the new laws were part of the government's broader strategy to clean up communities and strengthen enforcement against the growing illicit market.

The Minister also criticised the former Coalition government for failing to introduce a tobacco licensing scheme and accused the opposition of attempting to delay the legislation during its passage through Parliament.