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Landlords have a responsibility to stop the proliferation of illegal tobacco and vape trade

Independent Pittwater MP Jacqui Scruby says the NSW Government’s consultation on offences for landlords who knowingly lease to retailers selling illicit tobacco and illegal vapes is long overdue, and should lead to tougher action on the ground.

Ms Scruby also launched her own consultation process, calling on local landlords to contact her to discuss their views on the proposed changes and upcoming legislation by 30 September. 

“My focus is squarely on supporting our community, local landlords and local businesses and I want to hear from them.”

“If you are a local landlord and care about Pittwater and our villages, then you shouldn’t have a problem with this approach, which is focused on delivering the outcome of kicking these unwanted businesses off our high streets.”

“In Pittwater many of our shopfronts are owned by out of area landlords who fail to put our community first. They leave shops empty and rent to illicit tobacco operators. I’m supportive of measures to make sure our villages and lifestyle are what our community wants.”

“I know local landlords who have done the right thing by the community and refused these tenants only to have landlords who aren’t local accept them and therefore welcome illicit trade to our villages.”

“We can’t forget the impact on surrounding businesses. Insurers are denying insurance not only to tobacco shops but to neighbouring shops as well, having a real impact on legitimate business owners and their landlords.”

“We can’t have illegal trade, operated by organised crime, permitted to operate from local community shopfronts selling illicit projects to children,” Ms Scruby said.

The consultation follows the introduction of the Tobacco Legislation (Closure Orders) Amendment Bill 2025, which proposes:

  • penalties of up to $1.5 million and 7 years’ jail for possession or sale of illicit tobacco in commercial quantities;
  • short and long-term closure orders for premises selling illegal tobacco or vapes;
  • new powers for landlords to terminate leases where closure orders are in place; and
  • new offences for breaching closure orders or falsely claiming to be licensed.

Ms Scruby has repeatedly raised the issue in Parliament, met directly with the Health Minister and the Crime Commission, and worked with parents, schools and community members to map problem areas and escalate action.

“The new laws will finally give authorities the power to shut shops for up to 12 months, introduce major fines and criminal charges, and allow landlords to terminate leases where illegal activity is happening,” Ms Scruby said.

“This is a win for the community and I’ve pushed hard for powers like shop closures and enforcement. Communities like Pittwater have been left to deal with this alone for too long. These reforms are a big win for kids’ health, for local businesses, and for common sense. Now we just need to make sure the laws are used, and that every single illegal shop gets shut down.”

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