Commercial landlords of retail or wholesale premises commit a criminal offence if they knowingly allow a tenant or other person to sell illicit tobacco or illicit vaping goods from the premises. Maximum penalty: 65,000 or 1 year imprisonment, or both.

A landlord can avoid liability if they can show they had a reasonable excuse for allowing the illegal sale.

Landlords can now terminate a lease or licence for any retail or wholesale premises that is subject to a closure order for illicit tobacco or vaping sales — previously this right was narrower, applying only to retail shops under the Retail Leases Act.

The extended lease termination right applies to existing leases and licences, not just new ones entered into after the Act commences.