Dr Joe McGirr has proposed new tobacco laws to crack down on illicit sales. Photo: Rattankun Thongbun/NSW Parliament.
Wagga Wagga MP Dr Joe McGirr is proposing a new law that would require anyone selling tobacco products in NSW to hold a licence and pass a character test.
Dr McGirr is looking for feedback from tobacco sellers, wholesalers and the community as the state grapples with soaring rates of illegal tobacco sales.
“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.”
NSW Police operation “Furious” on the Hume Highway on the long weekend in June this year saw about $2 million worth of illegal tobacco seized.
In one incident on 20 June, the Riverina Highway Patrol stopped a van travelling along the Hume Highway at Mundarlo and allegedly discovered 860,520 illicit cigarettes in boxes, with an estimated street value of $1,290,780.
Last month NSW Police executed three simultaneous search warrants across Cooma including at a business on Sharp Street. Police allege officers seized close to 24,000 cigarettes, more than 180 vapes and almost 6 kg of loose tobacco leaf, which had an estimated street value of more than $48,000.
Four men were charged after Riverina Highway Patrol allegedly seized more than 20,000 vapes during Operation Furious on the Hume Highway in June. Photo: NSW Police.
Dr McGirr said his proposed Bill would require tobacco sellers to pass a “fit and proper person” test to be granted a licence and include tougher penalties for illegal operators.
“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,” Dr McGirr said.
“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.”
The bill proposes that penalties for breaching tobacco licensing laws be increased 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.
Five people were arrested during operations targeting drugs and illegal tobacco in the Snowy Monaro in August. Photo: NSW Police.
Dr McGirr said there needed to be a balance between protecting legitimate retailers and ensuring anti-smoking measures tied to legitimate sales were not compromised.
“In no way am I condoning smoking. In fact, if nobody smoked, the black market would not exist,” he said.
“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 no longer turn a blind eye to tobacco crime occurring in towns, villages and cities across the state.”
Dr McGirr will present the Bill to Parliament in November and anyone wishing to have a say can email [email protected] or visit joemcgirr.com.au.
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