By Callum Ludwig
Just a week after the Star Mail delved into the issue of the illicit tobacco trade, the Victorian Government has announced its measures to improve regulation.
The Victorian Government’s measures mirror most of what the Liberal Nationals Proposed Bill contained, including a licensing scheme, fit and proper persons test and increased search and seize powers for Victoria Police.
“We’re implementing the toughest laws anywhere in the country to smoke out the illegal tobacco trade and keep Victorians safe,” Premier Jacinta Allan said.
“This strict licensing scheme will establish a dedicated tobacco regulator to help ensure all businesses are operating within the law,” Minister for Casino, Gaming and Liquor Regulation Melissa Horne said.
“Victoria Police has been tireless in its work to disrupt and dismantle organised crime. These new search powers will give police new ways to crack down on crime lords and keep the community safe,” Minister for Police Anthony Carbines said.
The changes under the Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Bill 2024 are as follows:
Introducing a tobacco business licensing scheme for retailers who pass a fit and proper persons test, with potential to be refused based on history and past associates
Bolster Victoria Police’s search and seizure powers in regards to illicit tobacco, while also increasing the role police play in considering the suitability of licenses
Establish a new tobacco regulator which will administer the licensing scheme, support police, be responsible for enforcement and compliance of licences and has the power to search shops, suspend licences, and seize illegal items.
Increase penalties for those selling illicit tobacco to fines of more than $355,000 or up to 15 years in jail, or fines of more than $1.7 million for businesses.
Eildon MP Cindy McLeish said due to the Labor Government’s delay, Victoria is behind the game yet again as the only state in Australia without a tobacco licencing system.
“With two firebombings per week on average, the bill to crack down on illicit tobacco and firebombing has finally been brought forward, albeit very late,” she said.
“The lead time for the introduction is still 18 months away, we don’t have that time to waste, offenders need more than a slap on the wrist,”
“While the Labor Government were sitting on their hands, the Victorian Liberals and Nationals have been at the forefront to stamp out organised crime associated with illicit tobacco and stamp out firebombing.”
Evelyn MP Bridget Vallence said the Victorian Liberals have been at the forefront of the fight against illicit tobacco and related crime gang activity for years.
Ms McLeish and Evelyn MP Bridget Vallence both argued for the Liberal Nationals proposed Tobacco Amendment (Stamping Out Fire Bombings) Bill 2024 in Parliament on Tuesday 29 October, which the main difference being the lack of mention of a regulator and altered penalties for first-time offenders of up to 5000 penalty units – the equivalent of $1 million and up to two years in prison for second and subsequent offences.
“Over the past two years, Victoria has had 110 tobacco shop fire-bombings, including one that confronted our community in Seville, which burned out and forced shut several other small businesses and health providers in the shopping strip. This impacted the livelihoods of these small businesses – the operators and workers, through no fault of their own, and was a shock for our community,” she said.
“Finally, the government has introduced new legislation to deal with the licensing and enforcement – something the Victorian Liberals have been calling for two years now – but the law will not come into effect for another two years, sometime in 2026,”
“Why the wait? On the current run-rate there could be another 100 or more fire-bombings between now and the new laws coming into force leaving local communities and small business owners living in fear. I hope that is not the case, but our push was for the government to act sooner.”
“Local communities want action and certainty now, not to wait two more years for these laws to be implemented, and the government must take responsibility if there are more fire-bombings that could have been avoided.”
VicHealth has welcomed the introduction of the licensing scheme for it’s potential health benefits, with their data estimating tobacco kills 4000 Victorians and about 20,000 people around Australia every year, making it the leading cause of preventable deaths and years of life lost.
VicHealth CEO Dr Sandro Demaio said she supports the new retail licencing scheme for tobacco and it will save lives.
“A tobacco licencing scheme will remove dishonest sellers from the market, ensuring they aren’t peddling poison to school children, or selling illicit tobacco or vapes,” Dr Demaio said.
“Currently, tobacco can be sold by anyone, anywhere in Victoria, with no requirement for retailers to notify the Victorian Government.”
According to VicHealth, Victoria spends more than $600 million dollars a year on smoking-related healthcare, whether it be primary and specialist medical care, hospital stays, nursing homes, pharmaceuticals and ambulances.
“Tobacco is the only product that will kill two out of three of its users, and it doesn’t discriminate,” VicHealth Executive Manager of Health Promotion Systems Michelle Murray said.
“Alarmingly, the latest data shows Australian teen smoking has increased for the first time in a quarter of a century, on the back of rising use of vapes.”
