26/04/2026
NEW TO***CO LAWS & LOCKOUTS
New to***co retailing laws came into force in NSW in November 2025 and on 20 April 2026 NSW Health issued closure orders to around 20 to***co retailers on the NSW Central Coast.
From NBN News: https://www.facebook.com/watch/?v=1643966036558120
What you need to know if you are a business owner selling to***co or vapes:
• NSW Health can close down shops they suspect are selling illegal to***co or va**ng products. The closure order is initially for 90 days and NSW Health can apply to extend the closure to 12 months affecting your income and your ability to pay bills including rent;
• You need a ‘to***co retail licence’ and you need to display a copy of it in the shop;
• There are truly monster penalties and fines for:
o Selling illicit to***co - 7 years and/ or $1.54M fine (😳)
o Selling without a licence - $660,000 fine
o Saying you hold a to***co licence if you don’t - $880,000
o Selling ANYTHING from a shop during a closure order - $110,000
o Re-entering a shop during a closure order - $82,500
• The landlord can (and for insurance reasons probably will) terminate your lease;
• NSW Health has published important information for retailers on its website https://www.health.nsw.gov.au/to***co/Pages/checklist-to***co-retailers.aspx
What you need to know if you are a landlord leasing out a shop that sells to***co in NSW:
• The insurance industry has responded by either refusing to issue or renew cover for building insurance where to***co is sold;
• The wording of the lease needs to be reviewed;
• Check (and periodically re check) whether the tenant holds a valid to***co licence;
• Serious consideration needs to be given to whether or not to terminate the lease after a closure order has been issued, in which case time limits apply
Penalties for landlords – UPDATE.
The Public Health (To***co) Amendment (Landlord Offences) Bill 2025 passed the lower house in March 2026 and is currently (as at 24.4.2026) before the upper house. If passed, the bill will create an offence for commercial landlords who knowingly permit premises to be used by tenants to sell illicit to***co and illegal vapes, and if passed, the proposed offence will carry a maximum penalty of 1 year imprisonment, a fine of $165,000 or both.
If you need further information call Geoff O'Reilly on (02) 4332 3588 or send an email to [email protected]
