Wednesday, 30 October 2024

Public Accounts and Estimates Committee

Inquiry into Vaping and Tobacco Controls

Nicole WERNER (Warrandyte) (10:26): Today I am speaking about the Public Accounts and Estimates Committee report Vaping and Tobacco Controls that was tabled in August 2024. This report notes that the crimes associated with illicit tobacco and vape trade included – and if I can refer you to chapter 4, page 44 – extortion, firearm-related violence, recruitment of vulnerable and youth offenders, arson attacks and firebombing. Recommendations from this report, which you will find in section 5.3.2, include the establishment of a licensing scheme, improving regulatory insight, enhancing powers of investigation and enforcement and increased deterrence via stronger penalties. It was just yesterday that these recommendations would have been achieved by the coalition’s private members bill. A finding from the report, specifically finding 21, says the absence of a licensing scheme and weak penalties have directly contributed to an extensive black market in illicit vapes and cigarettes in Victoria, attracting overseas crime syndicates. Finding 23 says the Department of Health is not currently taking enforcement action against the sale of illicit vapes and tobacco for reasons including deficiencies in the current legislation and lack of resources. Finding 26 says that the criminal activity associated with illicit vaping and tobacco is affecting small and medium business owners through increased risk and incidence of violence and additional costs of responding to such violence.

This is a real issue in my community – the issue of vaping and illegal tobacco stores. There have been a number of alleged illegal tobacco stores that have opened in my electorate, including one just next door to a local primary school. I have received so much communication in emails, text messages and phone calls about this issue from small business owners, parents and school communities who are so worried about this scourge of violence that is impacting our community, not just in the electorate of Warrandyte but across the state of Victoria.

It was just yesterday that the Allan Labor government rejected the proposed tobacco licensing scheme that we put to Parliament under this private members bill under which fines of up to $1 million could be imposed for breaches. It was earlier this year, in May, that Premier Allan declared that she and the government, her government, would take action, but here we are nearly in November still waiting for action in the middle of this alarming crime wave, with only just three days ago the latest firebombing attack in Mickleham. We on this side of the house were fed up with all of the talk and no action, so we put forward a very logical and very necessary private members bill aimed at ending Victoria’s illicit tobacco trade and the organised crime warfare in this illegal sector, which is linked to more than 100 arson attacks in Victoria.

Our proposal was straightforward, simple and sought to protect Victorians from the scourge of illegal activity in our state. As the Allan Labor government remains inactive in this space we, the coalition, proposed the introduction of a licensing scheme for the sale of tobacco projects where (1) anyone wanting to sell tobacco would first need to pass a fit and proper person test similar to when applying for a liquor license, (2) all wholesale and retail tobacco stores would need a license to operate, (3) Victoria Police would receive beefed up powers to raid businesses and seize illegal products, creating search and seizure laws for Victoria Police relating to these tobacco products and (4) criminals caught selling illicit tobacco would be fined up to 5000 penalty points, which is equivalent to almost $1 million, while repeat offenders could receive up to two years behind bars.

Stakeholders like the CEO of Ritchies Australia Fred Harrison are on record saying that Victoria is the only state in Australia without a tobacco licensing regime. Here is what he had to say:

It’s disappointing that Labor thinks this is a stunt when good people and honest retailers are being harmed by their lack of action …

Victoria had over 115 firebombings and has seen every other eastern seaboard state take this issue seriously and introduce proper legislation against the black market.

What a wasted opportunity. Here we had a bipartisan opportunity to put an end to the chaos, violence and criminality, but no, the Allan Labor government decided to play politics rather than support the coalition’s private members bill that was going to finally protect Victorians. The Labor government might be happy to treat the Victorian public with contempt – but not on this side of the house. We listened to our community and took significant step to try and manage this crisis.