Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Bill 2025 (SA)

South Australia Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Bill 2025 A Bill For An Act to amend the Retail and Commercial Leases Act 1995 and the Tobacco and E-Cigarette Products Act 1997.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Retail and Commercial Leases Act 1995 3 Insertion of section 47 47 Long term closure order 4 Saving and transitional provisions Part 3—Amendment of Tobacco and E-Cigarette Products Act 1997 5 Amendment of section 33—Possession of certain tobacco products 6 Amendment of section 39B—Offence relating to possession of e‑cigarette products 7 Insertion of Part 3 Division 6 Division 6—Miscellaneous 45A Possession and supply of certain quantities of prescribed product 45B Offence related to engaging in prohibited conduct on premises 8 Insertion of section 66AA 66AA Further powers of police officers 9 Amendment of section 69—Powers in relation to seized records or things 10 Amendment of section 69CC—Long term closure order 11 Insertion of section 69CE and 69CF 69CE Certain information relating to closure orders may be made publicly available 69CF Protection from liability 12 Amendment of section 78—Disclosure of information 13 Insertion of section 78A 78A Commissioner of Police may provide information to Minister 14 Insertion of Schedule A1 Schedule A1—Prohibited conduct 15 Transitional provisions

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Retail and Commercial Leases Act 1995 3—Insertion of section 47 After section 46 insert: 47—Long term closure order If a long term closure order under section 69CC of the Tobacco and E-Cigarette Products Act 1997 is in effect in relation to premises to which a retail shop lease applies, the lease will be taken to include the following provisions: (a) the lessor or the lessee may terminate the lease because of the long term closure order by giving not less than 28 days written notice to the other (or such shorter period as agreed between the parties); (b) if a dispute arises between the parties to the retail shop lease as a consequence of the long term closure order, the Magistrates Court may, on application by a party to the lease, make such orders (including orders for the payment of compensation) or do anything necessary or desirable as the Court thinks fit to resolve the dispute. 4—Saving and transitional provisions (1) The amendments to the Retail and Commercial Leases Act 1995 made under this Part apply in relation to a retail shop lease irrespective of whether the lease was entered into before or after the commencement of this Part. (2) Section 47 of the Retail and Commercial Leases Act 1995 as inserted by this Act applies in respect of a long term closure order in effect in relation to premises to which a retail shop lease applies irrespective of whether the order was made before or after the commencement of that section. (3) In this section— long term closure order means a long term closure order made under section 69CC of the Tobacco and E-Cigarette Products Act 1997; retail shop lease has the same meaning as in the Retail and Commercial Leases Act 1995.