DETAILS around the introduction of a new illicit tobacco sale regulator have been queried by local parliamentary figures as the State Government makes a move to stamp out illicit tobacco trade.
Premier Jacinta Allan announced on Tuesday the State Government would be introducing the toughest penalties for illicit tobacco trade in the country as a part of new legislation to be brought forward in parliament.
The bill will establish a tobacco business licensing scheme, more search and seizure powers for police, a new tobacco regulator and penalties of up to 15 years in prison or fines of up to $355,000 for illicit tobacco sellers in the state.
Businesses could face fines of up to $1.7 million in fines.
Ms Allan said the new measures would build on the work of Victoria Police’s Taskforce Lunar, which has already seen more than 80 offenders arrested and $37 million worth of cash, vapes and illegal tobacco products seized.
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The changes come after the issue was first raised in parliament by former Wangaratta-based upper house MP Tania Maxwell in November 2020.
Ms Maxwell helped initiate an inquiry undertaken by Better Regulation Victoria (BRV) in 2022 which investigated challenges Victoria faced in the enforcement of tobacco laws.
A separate inquiry was launched this year, which Ms Maxwell labelled as a “stalling tactic” from the State Government.
The new legislation incorporates key recommendations made in the inquiries including the establishment of a licensing scheme and tougher penalties.
The BRV report said the majority of enforcement of Victoria’s tobacco laws was carried out by local council officers, who often lack the skills and support to investigate such offences.
State Government's new measures include the establishment of a new tobacco regulator, with dedicated inspectors to "hit the streets" with Victoria Police and will be responsible for enforcement and compliance of licences.
Now a Rural City of Wangaratta councillor-elect, Ms Maxwell said while it was a step in the right direction to finally see an illicit tobacco crackdown being made, it remained unclear who the new regulators would be and whether enforcement would still be under the remit of council.
“It has been a long time coming, I put forward a motion in July 2021 given that I know Wangaratta had previously gone to court some years ago discussing that it was inappropriate for council to hold that remit,” she said.
“Council officers just weren’t trained and that responsibility needed to be held with Victoria Police.
“I am very interested in knowing who the tobacco regulator will be, and I just hope Victoria Police have the capacity to enforce what is being imposed upon them.
“My concern is the penalties will ultimately come down to a Magistrate’s decision... you hear every second day offenders are let off on bail and I think a lot of the older criminals are initiating younger offenders so they can avoid sentences.
“I hope this will be a sensible approach in interrupting the numerous bombing of tobacco places we have seen in recent times.”
Ms Maxwell said subjecting people applying for a tobacco licence to a "fit and proper persons" test would be valuable in identifying offenders.
“We know from the research my team and I had done that when those shops were raided, there was usually a staff member there, but no one knew who ran the business,” she said.
“That will hopefully decrease the risk of that.”
There have been more than 100 firebombings in the state since March last year, including at least one alleged arson attack in Wangaratta, as crime gangs fight for control of the illicit tobacco market.
Ovens Valley MP and shadow minister for consumer affairs, Tim McCurdy, looked over the bill tabled to parliament on Tuesday.
Mr McCurdy echoed Ms Maxwell’s concerns, and said much of the detail for regulation of the proposed new laws was in the unknown.
“Whilst this bill is a step in the right direction, the concern is that the details are light, and the changes will not come into effect soon enough to stop further fire bombings," he said.
“Victorians deserve to be safe and shouldn’t fear for their businesses and lives due to Labor’s inaction.
“Finally, after years of waiting, they are seeing some action.
“We will continue to push for more details to ensure that the scheme is as effective as possible.”
A Victoria Police spokesperson said they welcomed the announcement and would continue to work closely with government, the new regulator and other agencies as the scheme is implemented.
Tougher penalties will come into effect immediately when the act commences, which Ms Allan hoped to be before the end of the year.
The roll out of the new licensing scheme will start from the middle of next year.
