Tuesday, 29 October 2024

Tobacco Amendment (Stamping Out Fire Bombings) Bill 2024

Introduction

Tim McCURDY (Ovens Valley) (12:29): I move:

That I introduce a bill for an act to amend the Tobacco Act 1987 to provide for a licensing scheme and other measures to combat firebombing, to provide in relation to enforcement and for other purposes.

There is no doubt that this is one of the most important bills that can be introduced to this Parliament this year. Victoria is in the midst of an illicit tobacco war that has seen over 100 tobacco shops and associated shops burn while this government sits on its hands. Premier Allan gave a commitment in March to see this bill introduced and stamp out this illegal behaviour, but three weeks out of our last sitting there is still no sign. In fact unconfirmed reports say that even if the government introduced a bill, it would be 2026 before authorised agents became active. Victoria simply cannot wait that long.

Last week we saw another two shops burn to the ground, like every week for the last hundred shops that have been burnt in the last 18 months. This bill needs to be introduced now. We must stop this senseless burning of tobacco shops. Every week shops burn. That affects obviously the business owners; it affects the landlords, the adjacent hairdressers and cafes and of course those who live above tobacco shops.

A New South Wales licensing scheme exists, and there are no firebombings. Queensland have no firebombings, and they have a regulation in place as well. Search and seizure laws are critical, and a fit and proper person test must be passed to have eligible trade in tobacco. Victoria is the only state in Australia that does not have licences to sell tobacco, and Victoria is the only state where we have seen over 100 firebombings, and this tired government is out of ideas.

Victoria Police (VicPol) have recently been begging the government to introduce a licence. This licensing scheme is currently being run by local government authorities, and they do not want the regulation and they believe the police should be doing it. As recently as last week the Premier admitted that there is a problem and said legislation must be introduced. Premier, every week that you dither, another two tobacco shops burn. Every week that we delay, families are put at risk. Here is your chance; today is your day; we can fix the firebombings. If unconfirmed reports are correct, it will be 2026 before authorised officers will be active in Victoria. That means another 85 shops could burn before this government gets organised.

I know some government benchers think that this government chamber is only for the government to introduce bills. Well, let us be clear: when the Victorian government will not govern, it is time to support those who still have the ideas.

We also know real regulation requires VicPol’s support, and this will give police the powers they need. We all know the Australian government is doing a power of work behind the scenes to prevent importation, but it is the states that regulate the sale, and every other state has. If we had a show of hands in here of who would like to live above a tobacco shop, I suspect it would not go very well. And those who would pay the insurance premium on a tobacco shop? Again, there would not be great support for that.

The introduction of a stamping-out-firebombings bill is the first serious step. If the government is prepared to be bipartisan, we can solve this problem. And the health minister – it sits in your hands, to see if you are serious, to eat some humble pie and accept that there is urgency to support this bill. We also need to start handing out fines – decent fines of up to $1 million will be in this bill – and start showing some leadership.

Brad BATTIN (Berwick) (12:33): I support the member for Ovens Valley on his motion to put forward this bill, because it is a very important aspect that is happening in the community at the moment. What we have seen here in the chamber today is there is already a motion to put forward legislation in relation to housing, but there are other crises happening across the state that this government and this Parliament can assist with to ensure that we get the best outcomes for people.

One of the reasons it is probably a super-important moment in time to get this through this chamber is we are starting to hear, through local media and media, people who are genuinely concerned about living near or above these facilities that have been burnt, these tobacco houses. What we have seen so far is people and residents who can not get insurance if they live above any of those tobacco places. We have heard it on 3AW alone, where people have actually rung up and stated they cannot get insurance above a tobacco house; they have to actually go and get international insurance to cover that.

The member for Ovens Valley brings a very good point to the table: that Victoria does not have a licensing scheme, whereas other states like New South Wales and Queensland do. New South Wales and Queensland also have stricter laws when it comes to bikies, when it comes to dealing with outlaw crime, and I think it is really important that this government starts to review how we can deal with this moving forward.

We have said continuously that we are willing to work in a bipartisan manner if it is in the best interests of the community. We have seen that with legislation that has gone through this house, which this side of the house has supported, whether it is with crime, whether it is with housing, whether it is dealing with local roads. Whatever it takes, we are willing to work with the government if it is a good outcome and a positive outcome for Victoria. What we are not willing to do is sit idly by as elected members of Parliament while people in our community are genuinely concerned about the safety impacts that they are seeing because of the tobacco wars across Victoria. It is not just metropolitan Melbourne. It is not just the outer growth areas. It is up in Bendigo; it is in Ballarat; it is up in Mildura; it is through Gippsland. It does not matter where you go in this state, this tobacco war is impacting too many people for the Parliament to sit idly by and do nothing.

So when the member for Ovens Valley raises a concern and brings legislation to this place, like we would work with the government – and I note the leader of opposition business would always be willing to work in the best interests of what is for the community. I know he would support legislation to outlaw this. I know the crime down in Brighton has been out of control and is something we need to do more and more about. This is one of those things that we as a Parliament can work together on to ensure that we can see outcomes that are positive.

So why is it important today? It is important today because, as the member for Ovens Valley said, every day that we are doing nothing, every week we are doing nothing, there is potential for one or two more firebombings. And let us be sure: it is going to get to a stage where we end up with someone dying because of this war on tobacco. It is going to be someone who is innocent who lives above one of these premises. And I think the government need to take this into serious consideration – that failing to act is failing to protect those people who deserve that protection.

And we want to talk about the housing crisis, which the government is trying to put onto the agenda today – this is another one that will impact what is going to happen in relation to the housing crisis here in Victoria, if people can no longer live safely around those areas of tobacco stores. We have even said, and I note that the member for Eildon mentioned, even electorate officers with an electorate office that is next door to one – people who live at or near these tobacco places are genuinely fearful of the outcomes that can happen with these firebombings. They have seen the violence that has come from them, the danger and damage that happen from them all across our state.

So I stand here very proud to support the member for Ovens Valley. I know that Victoria Police would want the powers to ensure that they can deal with the crisis that is going on. They need a government that can stand up and put in place the legislation that they need. We get sick of the government coming out talking about the fact that they give all the powers and resources to Victoria Police that they require to combat crime in our state, yet they are not coming out and supporting legislation like this to give Victoria Police the powers they need to ensure that they can act on the incidents that have been happening – happening over 100 times here in Victoria. You do not have to be blind Freddy to understand it. It has been on every news channel across our state – the firebombings and the impact that has been happening.

It is really important that the government get on board and let this go onto the agenda, so we can debate that here and today to ensure that this legislation is passed as soon as possible to give Victoria Police the powers they need to protect Victorians. We would 100 per cent support that, and I thank and congratulate the member for Ovens Valley for what he has done in this work to get it here. Now it is up to the government to support that so we can get this legislation through as soon as possible.

Nina TAYLOR (Albert Park) (12:38): It has been repeatedly stated: the Allan Labor government will introduce legislation to establish a tobacco licensing scheme by the end of the year, and we have been very clear on this point. The opposition knows this legislation is coming very soon. And I do take up the issue –

Members interjecting.

The SPEAKER: Order! Members will show some respect to the member on her feet.

Nina TAYLOR: I get that you want to interrupt housing and other matters that you are not really so concerned about to run a stunt here, when you know very well –

The SPEAKER: Order! Through the Chair, member for Albert Park.

Nina TAYLOR: Sorry, Speaker. The opposition know very well what the Premier has already said publicly with regard to this issue. Ergo, we will introduce legislation to establish a tobacco licensing scheme by the end of the year. And we know that we are nearly at the end of October, so we are being very clear about the timing, which is very soon. And I will make a further point that the opposition, rather than engaging genuinely on a matter of great importance to the Victorian community – it is very clear it is of great importance to the Victorian community and we are acutely aware of that, and hence the discussions that the Premier has already put forward publicly on this matter. This kind of petty stunt is not getting us to where we need to go.

Members interjecting.

The SPEAKER: Order! Member for Lowan, you are not in your place, and I would ask you to show respect to the member on their feet.

James Newbury: On a point of order, Speaker, on relevance, this is a procedural debate about the introduction of the bill, and the member can support the bill which is currently before the house.

The SPEAKER: There is no point of order. Member for Albert Park, I remind you that it is a procedural motion.

Nina TAYLOR: Further to the issue at hand, of course we have really critical matters to debate in the chamber – we know that. That is not to resile from the importance of this issue, and I want to make a further point on that front. Unlike those opposite, when we introduce our legislation the public will have confidence that it has been drafted by experts with due regard for the findings of the recent Public Accounts and Estimates Committee inquiry into –

Members interjecting.

The SPEAKER: Order! The member for Eildon is warned.

James Newbury: On a point of order, Speaker, I do think the member needs to avoid attacking the parliamentary drafters. It is entirely inappropriate for the member to attack the public –

The SPEAKER: There is no point of order, Manager of Opposition Business.

Nina TAYLOR: In no way, shape or form have I in any way discredited the parliamentary drafters.

Members interjecting.

The SPEAKER: Member for Berwick, you had your turn.

Nina TAYLOR: What I am saying is to give due regard to the findings of the recent Public Accounts and Estimates Committee inquiry into vaping and tobacco controls. Surely the outcomes of that parliamentary inquiry should be taken into account and are indeed relevant – acutely relevant – to the matter which is being debated as part of this procedural motion, and I would like to thank PAEC for their report. The health and safety of all Victorians of course is the Allan Labor government’s top priority, so on that front I know that legislation does need to be appropriately drafted, and taking heed of such a critical inquiry surely makes good sense. When we are thinking about the broader Victorian community and accountability, I would think we would not want to be just doing an inquiry for the sake of it. There are actually outcomes there that should be addressed and considered with regard to the legislation that is being brought forward to the house, so that is I think a genuine and reasonable concern and a matter to be transacted in the process of bringing forward comprehensive legislation that will duly acquit the seriousness of the matter at hand. I think some due respect for that inquiry and those outcomes are needed.

Cindy McLEISH (Eildon) (12:43): I rise to support the private members bill that has been put forward by the member for Ovens Valley, the Tobacco Amendment (Stamping Out Fire Bombings) Bill 2024. It is important that we bring this forward now, being on the front foot. The coalition is certainly on the front foot and taking the lead. When I listened to the comments made by the member for Albert Park, she referred to this as a petty stunt but then referred to it also as a critical matter. If it is a critical matter, it is even all the more important that we are able to bring on and debate this private members bill.

We have heard today already with the duties amendments that the Treasurer is bringing on, because it is also critical, that they have done that at the last minute – no thought. The member for Ovens Valley has put a lot of thought into this bill. He has had a lot of information and done a lot of research. It is very important because, as we know, there have been over 100 shops that have been firebombed in the last 18 months. That is two a week. The longer the government dither with this, they can tell us it is a critical matter but not do anything about it. We have waited for too long – far too long – and if they are not going to do it in a timely manner, I think it is only reasonable that a private members bill is brought forward as the opportunity does arise. It is part of the program that we are able to bring private members bills forward, which is what has been done. We are taking the lead here because the government have been negligent. The government have been absolutely negligent for all of those businesses that they could have saved by having a licensing scheme.

They have dillydallied on this, which again is one of the reasons why we have brought this forward. Better Regulation Victoria in 2021 did a report on this, and in that report it stated that the Victorian government wants to call for national efforts to regulate illicit trade but it also needs to be doing work locally.

The government can do work here, but they have chosen at this point to take the back road and let it go for too long. Victoria Police want this sort of work done. They have got Taskforce Lunar specifically looking into this and the crime that sits behind it. We heard the member for Berwick talk about what this means for the owners of the premises who lease them out and for the adjoining premises, because if one shop in a strip is firebombed there is damage to the innocent businesses either side or above. I know there are very many businesses and even electorate offices in and around or above some of these businesses, and I think it would be very neglectful if the government did not look at this, because we need to make sure that insurance is available and that it is not harder to get insurance and that it is in fact part of regular business insurance rather than people having to go overseas.

We did hear about the Public Accounts and Estimates Committee. The member for Albert Park talked about PAEC, and recommendation 9 is that the government:

… implement the suggested elements for an effective tobacco licensing system recommended by Better Regulation Victoria.

I talked about that Better Regulation Victoria report that has been there since 2021. The government has dithered on this. They are not taking the lead. We heard the member for Albert Park say that this is a critical matter, but if it is a critical matter I would have thought they could do something about it. The Treasurer is bringing something in quick smart because he has realised that they are in a bit of strife with their housing policy, so he is trying to do something to sell his ideas. He can try and do that quickly, but they cannot bring forward a critical matter such as the firebombing. The coalition, through the shadow minister, is prepared to do this, and I think it is only reasonable. I know that there will be members on the government benches who think that this should be debated, and probably debated this week as well, because they will understand the issues. They will have seen the news and they will have heard from people in their electorates, because this firebombing is very widespread across Victoria. It is not in just one spot; it is a big issue that also relates to organised crime. I am sure that government members want to tackle organised crime and want to look after the small businesses on either side of these shops and those that own the premises that are firebombed – to look after them and protect those businesses. (Time expired)

Nick STAIKOS (Bentleigh) (12:48): There is no doubt this is an important issue. I have had an incident in my electorate as well. That is why this government have been working assiduously to ensure that we actually come up with the best possible licensing scheme. It is not for an opposition representing just 28 out of 88 seats in this house to step in and to come up with their own solution, which is not well thought out, especially when you consider the fact that they barely participated in the Public Accounts and Estimates Committee inquiry. I hear the deputy chair did not even turn up to PAEC for the inquiry.

Members interjecting.

The SPEAKER: Order! The member for Laverton!

James Newbury: On a point of order, Speaker, on relevance.

The SPEAKER: I would ask the member for Bentleigh to come back to the procedural motion before the house.

Nick STAIKOS: I was certainly on the procedural motion. It is a comment on their real motivation for bringing this private members bill into the Parliament. But they also behave as though nothing is actually being done in this space, and there could be nothing further from the truth. Taskforce Lunar has made 80 arrests, issued 200 search warrants and seized $37 million in illegal tobacco and cash. Victoria Police are working with the Australian Federal Police and with the Australian Border Force, and the Albanese government has backed Australian Border Force with $140 million in additional funding.

We may not be accepting the member for Ovens Valley’s private members bill, but the rest of this is actually being done. We are not sitting on our hands. Both government and Victoria Police are working assiduously to deal with this issue, and they are getting the results. When it comes to a licensing scheme, the government is consulting with Victoria Police and the government is consulting with local government. This is actually more complex than the opposition are letting on. The right way to do this is the way that the elected government of Victoria is dealing with it, not by this stunt.

Bridget VALLENCE (Evelyn) (12:51): I wholeheartedly support the introduction of the Tobacco Amendment (Stamping Out Fire Bombings) Bill 2024. If there is another firebombing of a tobacco store and the government chooses not to support the introduction of this bill straightaway, it will be on the hands of Labor, because they have known for too long that there are significant challenges and issues when it comes to the firebombing of tobacco stores. It has been happening right across Victoria, even in my community in the Yarra Valley. We saw a firebombing occur in Seville, which impacted not only that tobacco store but all of the stores surrounding it. People’s businesses, small businesses and livelihoods have been lost. People have been put out of work because of the damage and destruction caused by that firebombing in my community in Seville. The dental facility, the medical clinic, Branded Burgers – these are businesses and medical and health services that have been completely shut down for over nine months now because of firebombing, and this government still sits on its hands. If this government felt that this was a serious issue, they would support the member for Ovens Valley, they would support the Liberals and Nationals and introduce this very important bill, because we know that this firebombing situation is out of hand. Who is Labor protecting? Are they protecting the CFMEU and the bikie gangs? Who are they protecting?

The SPEAKER: Order! On the motion before the house, member for Evelyn.

Bridget VALLENCE: On the procedural motion, the reason why it is so critical to introduce this bill and not delay any further is because it is crucial that we introduce this right now and stamp this out. The police are crying out for the enforcement powers. I speak here not only as a local MP who has been impacted by firebombings and who is representing the small businesses and the workers in these businesses who have been directly impacted – and also those residents who can no longer access health services in the Yarra Valley as a result – but also as a parliamentary appointee to the board of VicHealth. This government is failing to even listen to VicHealth; it is responsible when it comes to tobacco. The recommendation of the Parliament’s Public Accounts and Estimates Committee is to get this kind of legislation in and in now. So if the Labor government chooses not to introduce it now and there is a delay and there is another firebombing, it will be on the hands of Labor. Let the community know that. Let the community remember that it is the delaying tactics of Labor, because they know that this is crucial.

Mary-Anne Thomas: On a point of order, Speaker, this is a procedural motion, and the member is straying from the narrow confines of what should and should not be counted in a procedural motion. I ask that you ask her to come back to it.

The SPEAKER: The member for Evelyn will come back to the procedural motion before the house.

Bridget VALLENCE: To the procedural motion, it is crucial that we support this. This Parliament has for decades been alive to the fact about tobacco – and with VicHealth. This is a trade. But we also need to support the people who work in this industry, those businesses and shops that are surrounding tobacco shops. They are being subject to the crime and the tobacco wars that are happening under the watch of the Labor government, and it is precisely why we need to introduce this bill – to the procedural motion – to stamp out firebombing.

It goes to the name of the bill. It is in the title of the bill – to stamp out firebombing. If this Labor government choose to not support this, then are they happy, are they fine, that another firebombing might occur between now and when they might get around to introducing their own bill? Why is it that they are not appreciative of the fact that this is such a critical issue, that it has damaged so many lives? Do they not want to stamp out the firebombings in these illegal tobacco wars? If they actually did care about the Victorian community, the Victorians, if they actually wanted to, they would introduce this bill –

Mary-Anne Thomas: On a point of order, Speaker, a procedural motion is not an opportunity to stand on your feet and relentlessly attack the government, when we have made it very clear that we will be introducing a bill before the end of this parliamentary term.

The SPEAKER: Order! The Leader of the House will wait to be called before she speaks. Member for Evelyn, come back to the procedural motion.

Bridget VALLENCE: The Labor government are attacking communities further if they do not support a bill that stamps out firebombing and does it right away.

Assembly divided on motion:

Ayes (29): Brad Battin, Jade Benham, Roma Britnell, Tim Bull, Martin Cameron, Chris Crewther, Gabrielle de Vietri, Wayne Farnham, Sam Groth, Sam Hibbins, David Hodgett, Emma Kealy, Tim McCurdy, Cindy McLeish, James Newbury, Danny O’Brien, Michael O’Brien, Kim O’Keeffe, John Pesutto, Tim Read, Richard Riordan, Brad Rowswell, Ellen Sandell, David Southwick, Bridget Vallence, Peter Walsh, Kim Wells, Nicole Werner, Jess Wilson

Noes (50): Juliana Addison, Jacinta Allan, Colin Brooks, Josh Bull, Anthony Carbines, Ben Carroll, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D’Ambrosio, Daniela De Martino, Steve Dimopoulos, Paul Edbrooke, Eden Foster, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Lauren Kathage, Sonya Kilkenny, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Tim Pallas, Danny Pearson, Pauline Richards, Tim Richardson, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Jackson Taylor, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Emma Vulin, Iwan Walters, Dylan Wight, Gabrielle Williams, Belinda Wilson

Motion defeated.