09 April 2025

Mr GAFFNEY (Mersey) - Madam Acting President, in my 16 years in this Chamber, I have only given three adjournment speeches and they are all concerning the injustices to Sue Neill-Fraser.

Recently, members in this place passed a very important health-related bill, that is the Public Health Amendment (Vaping) Bill 2024. Indeed, during the second reading of the bill, the Leader of the Government stated:

This bill delivers important and strong actions to significantly reduce the use and uptake of e-cigarettes, which has increased rapidly in recent years, especially by young Tasmanians.

Tasmania continues to support the implementation of the national vaping reforms, however, is going one step further by ensuring the medical oversight that comes with a doctor's prescription for the supply of e-cigarettes continues after 1 October 2024.

This is a strong preventive health measure. It complements our existing and ongoing initiatives to help people who use tobacco or e-cigarettes to quit, whilst continuing to encourage young people to remain smoke free and vape free.

The Leader also stated the Department of Health currently has 2.7 full-time Tobacco Control Officers. The focus of the Tobacco Control Officer is to monitor compliance with smoking product laws in retail settings rather than individual consumers. Recruitment of up to four additional positions has commenced to support compliance and enforcement activities, including illicit supply.

However, nearly a week after the third reading of the Public Health Amendment (Vaping) Bill 2024, I rise to speak and draw attention to the lack of enforcement of vaping and tobacco control legislation. Various concerned citizens have written to me regarding the need to quash the growing illegal tobacco market in Tasmania.

One citizen, in particular, has highlighted pertinent and important issues as well as potential solutions, for which I give thanks. In short, the current government has failed to enforce and control the growing illicit and tobacco industry in the state, especially so for the sale of tobacco and vaping products to minors.

While it has conveniently recently announced the seizure of roughly $1.5 million in illicit tobacco products, as Robert Mallett, CEO of the Tasmanian Small Business Council puts it, this is just the tip of a huge problem the government cannot seem to grasp. Illicit tobacco trade in Tasmania is growing, while little to no enforcement has been undertaken for years.

The failure is one which puts the health of Tasmanian adults and children at risk, undermines trust in the government, allows growth of illegal and tax-evasive activity and invites further links between Tasmania and Melbourne organised crime. The Tasmanian government is failing to adequately address an issue that has resulted in an estimated $6.9 billion federal tax revenue decrease by 2029.

I will highlight several key deficiencies in the state's management of the growing illegal tobacco trade industry. First and foremost, according to Question on Notice No. 19 of 2023 in the Legislative Council, there has been no infringement notice given to retailers selling smoking products to minors since 2017.

Nine prosecutions relevant to the illegal tobacco code have been considered and subsequently abandoned, while only one has resulted in a penalty in the form of a mere $500 fine. Despite the obvious and ongoing sale of illegal tobacco and vaping products across Tasmania, the government has failed to take serious action against the perpetrators.

Additionally, I have been informed of pop-up tobacco shops, suggestively close to schools, such as Kingston Primary School, the display of drug paraphernalia near schools including the Snug Primary School and lack of licensing enforcement; each contributes to increased sale of illicit tobacco products. This can be attributed primarily to the lack of resources allocated to enforcement of tobacco control in Tasmania.

As of 2023, a mere 1.4 full-time equivalent personnel undertook an investigative or enforcement role in relation to breach of tobacco control provisions. Whilst the government has conveniently announced 6.7 full-time equivalent nominated officers with a role in regulating tobacco under the Public Health Act 1987, the lack of prosecution since 2018 says enough.

These are not police officers and should not be expected to be. The resources and personnel allocated to tobacco control in Tasmania are simply not enough to fulfil the objects of tobacco control legislation, and without rectification the government is permitting a growing illicit tobacco industry - and no matter if we have the strongest laws in the nation.

Madam Acting President, while the tobacco tax revenue stream is projected to take substantial hits in the coming years, Tasmania has increased its smoking rates as of 2023. Furthermore, legal tobacco shops pay substantial fees to the state. Instead of reaping benefits from their legal status, these shops are undercut by the sellers of illicit tobacco products. The governmental failure to address the illicit trade is undermining revenue-raising, and unfairly leaving legitimate sellers of tobacco products vulnerable to illegal competition.

I do not raise these issues merely to chastise the inactivity of the government but rather to show there are clear and effective solutions available. Addressing this issue is supported on both sides of the aisle. Taking action is politically favourable, will have tangible and ongoing benefits to the health of Tasmanians, reduce illegal activity, as well as promote fairness to legal shops and have a positive impact on the budget.

It has been suggested to me that the first, and most obvious, solution is to assign at least five officers from the police force with vehicles for a relatively short period of time, perhaps 12 to 18 months, on the investigation and enforcement of the illegal tobacco trade in Tasmania. Newer officers, or those on light duties or perhaps workers compensation, could be employed to conduct operations and prosecute offenders. This will enable the potential shutdown of all the existing illegal operators and reduce the backlog. Officers could then return to the police force having enhanced their experience and recovered from their injuries.

Secondly, the provisions of the 'nominated officers' section of the Public Health Act 1997, Part 2, section 3A should be applied. This will enable the Director of Public Health to appoint nominated officers, such as school principals or senior teachers, to refer matters to him for prosecutions or fines when they discover shops selling to children, as well as dealers near schools. This will also be able to provide advice regarding potential illicit sellers and management techniques. Active and caring members of the community, such as teachers, would be able to support and assist greater investigation and enforcement of tobacco control in regard to minors. These suggestions are easy to implement, will build political capital and have tangible effects on the illicit tobacco trade in Tasmania.

However, there are other measures as well. Amongst those is increasing penalties for the unlicensed sale of tobacco products, amending the Public Health Act 1997 to empower officers to close shops illegally selling tobacco products, and seizing products, assets and fittings, and creating a mechanism to impose warnings, infringement notices and strict liability fines for landlords who allow illegal tobacco and vape sales on their premises.

The government could also reinstate infringement notices for sale to minors to deter shops from selling, amend either the Public Health Act 1997 or the Misuse of Drugs Act 2001 to outlaw public and retail displays of drug paraphernalia, or even refer prosecutions to the private legal profession to conduct private prosecutions, usually using recently qualified lawyers to give them experience and reduce the backlog of cases.

Madam ACTING PRESIDENT - I remind the honourable member he has one minute left. It is a 10 minute -

Mr GAFFNEY - Thank you, Madam Acting President, for your latitude.

Dealers near schools: they would also be able to provide advice regarding potential illicit sellers and management techniques. Active and caring members of the community, such as teachers, will be able to support and assist greater investigation and enforcement of tobacco control in regard to minors.

These suggestions are easy to implement, will build political capital and have tangible effects on the illicit tobacco trade in Tasmania. However, there are other measures as well. Among those is increasing penalties for the unlicensed sale of tobacco products. Amending the Public Health Act 1997 empowers officers to close shops illegally selling tobacco and seizing products, assets and fittings, and create mechanisms -

Sorry, Madam Acting President, you threw me a bit.

I bring your attention to the recommendation of the parliamentary report of 2018 in relation to reinstating infringement notices that the minister could consider carefully, monitoring the changes over the coming period to ensure compliance standards are maintained, and with a view to reverting to the current arrangement should the level of compliance decline. Clearly, the time has come to reintroduce infringement notices and address the obvious decline in compliance.

Each of these potential solutions could immediately improve investigation, enforcement and prosecution of illicit tobacco sales. They are just waiting for the government to implement them. Notwithstanding short term improvements, longer term improvements to the system were also available to reduce inefficiency and prove enforcement reactivity. Particularly, there are several pieces of national and state legislation that deal with tobacco and vaping sales and distribution, and multiple agencies involved in enforcement at both state and Commonwealth levels. This complexity requires considerable interagency cooperation, planning and coordination, and could be simplified at the state level.

I am aware that a question on notice in the other place has been put forward by Ms Helen Burnet MHA which relates directly to this issue. The question, tabled on Tuesday 1 April 2025, seeks the identification and prosecution of any organised crime in Tasmania associated with illicit sales of vapes and tobacco, and where cuts to public health staffing affects the implementation of the Tobacco Action Plan, the Tobacco Control Coalition, and legislation to close loopholes in the tobacco control legislation. I understand the answer to this question will not be tabled until June.

To conclude, the time has come for the government to live up to its mantra of being tough on crime. The illicit tobacco and vaping product market and sale of products to minors must be regulated. The government must step up investigative and enforcement efforts to protect and improve the health outcomes of the future generations of Tasmania.

Madam ACTING PRESIDENT - Thank you very much. I remind members that we received some information in October 2023 and some may have overlooked it in regard to -

Mr Gaffney - I have read that and I spoke to the President about that.

Madam ACTING PRESIDENT - Yes.

Mr Gaffney - I am sorry you did not get that information.

Madam ACTING PRESIDENT - No, I was not aware of that, but thank you very much for your adjournment speech.