The new $1.5 million fine facing NSW retailers

Suppliers caught selling vapes face being fined more than $1.5 million or spending seven years in prison as the NSW government attempts to clamp down on retailers flouting a nationwide ban.

Under current rules, the maximum penalty NSW authorities can serve individuals selling vapes is $1650 or six months in prison, but that will dramatically increase if the state parliament passes legislation set to be introduced to the upper house on Tuesday.

Health Minister Ryan Park says the NSW government is attempting to close legislative gaps.Credit: Rhett Wyman

NSW Health Minister Ryan Park said the legislation would give NSW authorities similar powers to federal agencies, which share responsibility for clamping down on vape sales and distribution with state and territory governments.

“For too long, governments, state and federal, and from both persuasions have been caught behind the ball on the prevalence of these devices,” Park said. “We are attempting to close as many of these legislative gaps as possible.”

An investigation by The Sydney Morning Herald, The Age and 60 Minutes published on Sunday reveals multinational tobacco companies, Chinese manufacturing giants and suburban corner shops are brazenly ignoring Australia’s world-first ban on disposable vapes.

Australian Border Force has seized more than 4 million vapes this year. Seizures quadrupled in the four months after the government’s nationwide ban on disposable vapes came into effect in January.

Park said the revelations were a reminder of how pervasive vapes had become, but there was evidence the crackdown was resulting in fewer making it to the street.

NSW compliance officers seized 42,000 vapes during 362 inspections between July and September. Officers confiscated 153,000 vapes in 290 inspections in the same period last year.

A NSW Health inspector, who could not be identified because it would jeopardise their work, said fewer sellers were openly displaying vapes for sale and some had closed, while others were going to more effort to conceal their products.

“We still see vapes readily on display in some stores, but there are definitely less now than previous years, and we are seeing some of these stores closing,” they said.

How NSW Health inspectors check for concealed vape stock

• Look for gaps under walls and tap to see if they are hollow
• Check for open roof spaces
• Feel for draughts
• Look for unusual sources of light

The price of illicit vapes has surged from about $25 to between $40 and $60 since the ban was imposed as retailers price in higher penalties and restricted supply.

Under the ban, pharmacists are the only retailers allowed to sell neutral-flavoured vapes to help people quit smoking, but this masthead revealed most refuse to stock them over fears they could be targeted by criminals attracted to the lucrative market to supplement their income from illicit tobacco.

Opposition health spokeswoman Kellie Sloane said she had pushed the government to increase fines for illicit tobacco sales at the same time to ensure criminal syndicates, such as those connected to firebombings and ram raids in Victoria, did not get a foothold in NSW.

“What we don’t want to invite into NSW is the kind of criminal activity we’ve seen in other states,” she said.

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