WARD DEMANDS FEDERAL TOBACCO EXCISE FUNDS AS WEAK NSW BILL OPENS DOOR TO CRIME

12 Nov 2024

Member for Kiama Gareth Ward has slammed NSW Health Minister Ryan Park’s weak tobacco licensing scheme Bill, calling for a share of federal tobacco excise to help NSW law enforcement crack down on rising illicit tobacco crime.

Mr Ward’s calls come following the Victorian Labor Governments moves today to introduce the toughest regime in the country including fines of up to $355,000 and 15 years in jail for individuals.

Mr Ward said the Minister’s Bill is little more than a gesture, lacking the teeth needed to crack down on the booming black market trade and protect NSW communities from the escalating threat of gang-driven tobacco crime.

“This isn’t just about health anymore—it’s about community safety and organised crime,” Mr Ward said.

“Minister Park’s Bill, as it stands, is so weak it practically advertises that NSW is open for business to anyone looking to make a quick dollar off illegal tobacco. With six firebombings in NSW already, we can’t afford any more. Our communities deserve protection, not policies that fall short.

“It’s time for the Minister to show he’s serious by demanding a fair allocation of federal tobacco excise for NSW. That’s real money that can fuel real enforcement. If not, then he needs to seriously jack up those fines to a $1 million like SA Premier Malinauskas has just done.

“Without that, all we’ve got is a weak bill and hollow promises. Either the Minister makes NSW a hostile environment for illicit tobacco, or he’s just rolling out the welcome mat for criminals.

“Funds from increased fines—or from a fair allocation of federal tobacco excise—should be dedicated to enforcement and compliance, preferably by an agency under the justice cluster, such as Liquor and Gaming NSW.

“If we’re going to get serious about combatting these ‘tobacco wars,’ then we need the right agency on the job. We need tougher penalties, real deterrents, and an inquiry to get to the bottom of how illicit tobacco is flooding NSW.

“As an MP I have a duty to act decisively. I’ll be backing the Opposition’s push for a full inquiry into illicit tobacco because the people of NSW deserve more than a watered-down bill that’s all smoke and no fire.

“This is an opportunity to send a clear message that NSW will not tolerate being a playground for organised crime. Our communities deserve protection, and we need the toughest laws in the country to ensure that protection is real.”

SA penalties

The new penalties for body corporates are:

  • Advertising tobacco products – increase from $10,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
  • Selling without a licence – increase from $20,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
  • Sales to a minor – up to $1 million for a first offence and $1.5 million for subsequent offences (up from $20,000 and $40,000).
  • Sales of illicit tobacco or possession for the purpose of sale – increase from $50,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
  • New offences for the sale or possession for the purpose of sale of e-cigarettes or other prohibited products up to $750,000 for the first offence and $1.1 million for subsequent offences.
  • The legislation also includes ministerial powers to close down illicit tobacco shops. Orders will apply for an initial 72 hours and can be extended to up to six months with approval from a magistrate.
  • Any business which violates such an order can be hit with a penalty of up to $1.1 million and an individual up to $700,000.

Ends.