Fines or Jail for Landlords Who Allow Illegal Tobacco Sales and New Powers to Close Businesses
Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025
Topics
commercial leasing corporate governance corporate liability criminal penalties illicit tobacco land use law enforcement nicotine products public health public safety smoking products tobacco products +7 more
Introduced by: The Hon Timothy Nicholls MP (LNP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
It is a criminal offence to work at, supply products from, or open a business to the public that is under a closure order.
Landlords who knowingly let others use their premises to supply or possess illicit tobacco or nicotine products as a business commit a crime and can be fined up to 1,000 penalty units (2026: $172,700), jailed for up to 1 year, or both.
Corporate executive officers can be held personally responsible and fined if their company commits an offence related to illicit tobacco or nicotine products. They must prove they did not know about the conduct or took all reasonable steps to stop it to avoid this.
Authorised officers can enter wholesale premises without a warrant while the business is open.
The Queensland Health chief executive can appoint undercover officers to buy products using fake names and profiles.
The chief executive can order a business premises to close for up to 90 days if they believe illicit tobacco or nicotine products are being supplied or possessed there.
A magistrate can order a business to close for up to 12 months (or extend a chief executive's closure order to a total of 1 year).
Landlords can end a lease and remove property if a closure order is made against the premises; they must give at least 14 days' notice and will not have to pay damages or compensation for ending the lease.
Authorised officers can demand information or documents from a person to help monitor or enforce tobacco and nicotine laws. People who refuse to provide this information can be fined up to 100 penalty units (2026: $17,270), unless the information would incriminate them.
People taking part in authorised 'controlled purchase' operations to catch illegal tobacco sellers are protected from criminal responsibility for their actions during the operation.