Tobacco licensing scheme
Sarah MANSFIELD (Western Victoria) (12:33): My question is for the Minister for Casino, Gaming and Liquor Regulation. Victoria’s belated but nonetheless welcome tobacco licensing scheme will be fully operational in February next year, when enforcement commences. We understand that Tobacco Licensing Victoria, the regulator, will have 14 licensing inspectors responsible for enforcement for the entire state. By contrast, Queensland Health has 138 authorised officers, New South Wales Health has 28 inspectors and South Australia has at least 20 authorised officers. Can the minister assure Victorians that 14 inspectors will be adequate to manage enforcement of the licensing scheme to combat illicit tobacco trade?
Enver ERDOGAN (Northern Metropolitan – Minister for Casino, Gaming and Liquor Regulation, Minister for Corrections, Minister for Youth Justice) (12:34): I thank Dr Mansfield for raising this really important issue, an issue that is obviously very close to my communities and also me as a member of Parliament, not just as a minister. It is an issue around crime, and as a government we are committed to stamping out all forms of crime. That is why we are implementing Victoria’s first ever tobacco licensing scheme with a $46 million investment in this year’s budget. We are giving powers to crack down on illegal sellers and establishing a dedicated regulator. I think it is important that there will be fit-and-proper persons tests. Because Dr Mansfield’s question was about enforcement, the key to enforcement – because there is a criminal element to this, a very serious criminal element – is that it will be coordinated and risk-based, together with Victoria Police. I think that is important.
A big part of these laws are the deterrent factors of up to 15 years imprisonment and fines of up to $1.7 million for companies and over $300,000 for individuals. These are important reforms that will make a difference, but they are not the solution themselves. We know it has been widely reported. I am sure, Dr Mansfield, you watch the ABC. There are multiple factors for the rise of the illegal tobacco trade, and we want to stamp that out. I think the inspectors will have an important role as they will be taking a risk-based approach. This work has not stopped. We have Taskforce Lunar, which has made hundreds of arrests already in relation to this trade and seized tens of millions of dollars worth of illicit products, and these inspectors will have a role in coordinating that approach with Victoria Police. But the number of inspectors alone will not be the measure of its success.
Sarah MANSFIELD (Western Victoria) (12:36): I thank the minister for his response. I appreciate that there are many aspects to the scheme. With that said, 14 inspectors still do not seem like quite enough given the scale of the problem. Aside from that, you also talked about the penalties that apply and the strength of these laws. New South Wales, Queensland and South Australia have strengthened or are proposing to strengthen their laws even further to control illicit tobacco trade. This includes the ability to order the closure of a premises engaged in illicit trade for up to 12 months. By contrast, the most that TLV is going to be able to do is suspend the tobacco licence of a trader for up to 90 days or disqualify a person from holding a licence for up to five years. Does the government plan to strengthen Victoria’s laws, given the scale of the illicit tobacco issue in this state?
Enver ERDOGAN (Northern Metropolitan – Minister for Casino, Gaming and Liquor Regulation, Minister for Corrections, Minister for Youth Justice) (12:36): I thank Dr Mansfield for asking a really important question of public interest. I believe still that the biggest deterrent is up to 15 years imprisonment for individuals. That is a lot stronger than what was in place previously. That is in place now even before the inspectors are on the ground, and that is more powers for police to enforce and obviously for the courts to apply. But in relation to the settings in other jurisdictions, I think we are always open to making improvements to our current regime. I have always said, looking at best practice, this issue is not unique to Victoria. We are seeing this illicit trade growing across the eastern coast but South Australia as well, so every jurisdiction is facing similar challenges. I guess it is important to say that a lot of those laws and the strengthening are relatively new. Let us watch and see what impact it has. Going back to my initial point in the substantive, I think there is a broader issue around the Commonwealth settings about customs. I am working with the Commonwealth, I have written to the federal minister and I look forward to the ongoing partnership at the Commonwealth level to make a real difference. But I want to thank you for your interest.