Penalties

Last updated: June 9, 2026
Sanctions

Sales Restrictions

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Any person who violates the ban on vending machine sales, upon conviction, is liable to a fine of $1,000 and forfeiture of the vending machine.

Any person who contravenes the ban on internet sales, upon conviction, is liable to: (a) in the case of an individual, forfeiture of any remaining tobacco products and a fine not exceeding $2,000 or a term of imprisonment not exceeding 12 months or both; or (b) in the case of a body corporate, forfeiture of any remaining tobacco products and a fine not exceeding $20,000.

There is no penalty specified for the sale of single cigarettes. Under the Act, where there is no penalty provided, upon conviction a person is subject to a fine of: (a) in the case of an individual, $50 for a first offense and $250 for a second or subsequent offense; and (b) in the case of a body corporate, $500 for a first offense and $1,000 for second or subsequent offense.  In addition, the tobacco products may be destroyed or confiscated and the person convicted shall pay the reasonable costs incurred in confiscating and destroying the tobacco product.

In all cases, the Secretary may suspend or cancel a license to sell tobacco products of anyone found guilty or convicted of an offense. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation.
 

Location-based Sales Restrictions

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

A person who violates location-based sale restrictions is liable to pay a fixed penalty of: (i) in the case of an individual, $1,000; or (ii) in the case of a body corporate, $10,000.

If the fixed penalty is not paid within 14 days, upon
conviction by a court, violators are liable to: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000 or a term of imprisonment not exceeding 12 months or both; or (b) in the case of a body corporate, forfeiture of any remaining tobacco products and a fine not exceeding $20,000. If the violator pleads guilty or is convicted, the court must impose court costs of $150.

In addition, the Secretary may suspend or cancel a license to sell tobacco products of anyone found guilty or convicted of an offense. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation.
 

Minimum Retail Package Size

Fine, Business License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

There is no penalty specified for the violating the minimum retail pack size. Under the Act, where there is no penalty provided, upon conviction a person is subject to a fine of: (a) in the case of an individual, $50 for a first offense and $250 for a second or subsequent offense; and (b) in the case of a body corporate, $500 for a first offense and $1,000 for second or subsequent offense. Further, the court may order the tobacco products to be destroyed or confiscated and the person convicted shall pay the reasonable costs incurred in confiscating and destroying the tobacco product.

In addition, the Secretary may suspend or cancel a license to sell tobacco products of anyone found guilty or convicted of an offense. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation.
 

Minimum Legal Sales Age

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

A person who violates the minimum legal sales as is liable to pay a fixed penalty of: (i) in the case of an individual, $1,000; or (ii) in the case of a body corporate, $10,000.

If the fixed penalty is not paid within 14 days, upon conviction by a court, violators are liable to: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000 or a term of imprisonment not exceeding 12 months or both; or (b) in the case of a body corporate, forfeiture of any remaining tobacco products and a fine not exceeding $20,000. If the violator pleads guilty or is convicted, the court must impose court costs of $150.

In addition, the Secretary may suspend or cancel a license to sell tobacco products of anyone found guilty or convicted of an offense. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation.