BILL TO REQUIRE LICENCES FOR TOBACCO SELLERS
BILL PROPOSES LICENCES TO SELL TOBACCO
Tobacco retailers, wholesalers and the wider community are being asked to have their say on a proposed new law that would require anyone selling tobacco products in NSW to hold a licence.
The Bill, which is being presented to parliament by the Independent Member for Wagga Wagga, Dr Joe McGirr, is designed to help tackle a rising wave of criminality, as illegal tobacco sales continue to soar.
Dr McGirr said the Bill would require tobacco sellers to pass a “fit and proper person” test to be granted a licence and would impose tougher penalties on illegal operators who sell illicit tobacco or associated products such as vapes.
“Sales of illegal tobacco have exploded in the Wagga region – and across the state – in recent months, allowing criminals to earn huge amounts of illegal income at the expense of legitimate traders who are literally losing thousands of dollars every week because they cannot compete with criminals,” Dr McGirr said.
“We know that criminals are supplying illegal tobacco that is sold ‘under the counter’ in shops that are popping up daily across the state and with that comes associated criminal activity such as money laundering and increased trade in illicit drugs.
“Health authorities and police are doing their best against this rising tide of crime but they simply cannot stem the flow of black market tobacco products, with offenders currently copping small fines as a cost of doing business and then simply resuming their trade with new stock.
“By requiring retailers to hold a licence, similar to those required of liquor sellers, we can better protect legitimate traders who are being driven out of business while at the same time, making it harder for criminals to operate undetected and unpunished.”
Under Dr McGirr’s bill, penalties for breaching tobacco licensing laws would increase to a maximum of a $44,000 fine and/or four years’ imprisonment (second offence) for an individual, or fines of up to $220,000 for corporations.
Dr McGirr said the Bill aimed to protect legitimate retailers and at the same time, ensure anti-smoking measures tied to legitimate sales are not compromised.
“In no way am I condoning smoking,” he said. “In fact, if nobody smoked, the black market would not exist.
“However, given that there is still a huge demand for tobacco products, it is best to regulate that market so that it is harder for minors to get these products while ensuring that health messaging continues to function – things that are of no concern at all to black market suppliers.
“At the moment, the illegal trade is spiralling out of control – with a risk that the violence seen in Victoria between competing criminals could spread to NSW – and we can longer turn a blind eye to tobacco crime occurring in towns, villages and cities across the state.”
Legitimate industry players are now being asked to provide Dr McGirr’s office with feedback about the proposed Bill, with hopes it will be presented to parliament in November 2024.
Individuals wishing to have a say can email waggawagga@parliament.nsw.gov.au or visit joemcgirr.com.au.