Calls for stricter cigarette and vape laws to rein in dodgy tobacconists

Court penalties are being used as a last resort to rein in dodgy tobacconists prompting calls to enforce strict cigarette and vape laws.

Court penalties are being used as a last resort.

Court penalties are being used as a last resort to rein in dodgy tobacconists prompting a former cop to call out Queensland Health for “not having the stomach” to enforce strict cigarette and vape laws.

Changes to the Tobacco and Other Smoking Products Act 1998 introduced in September were touted as the toughest in the nation by raising maximum court fines to between $322,600 and $1.6m, and two-year jail terms.

However, the same legislation that gave Queensland Health officers the authority to enforce the laws directs them to prioritise educating offenders over prosecution, with legal action to be used only as a “last resort”.

Former Australian Border Force and federal police officer Rohan Pike, who established the now disbanded Tobacco Strike Team within the ABF in 2015, said Queensland Health doesn’t have the “willpower” to make hard calls on prosecutions.

“Queensland Health don’t really have the stomach for enforcing the laws,” he said.

“What they are really saying is they are probably going to send them a tersely worded letter and think that is going to have a significant effect and then a year later they might wonder why it hasn’t had a deterrent effect on these people who are working for organised crime.”

Surveillance of hundreds of stores suspected of selling illicit tobacco or vapes is yet to produce meaningful outcomes.

Only ten cases have so far made it to court – six of those remain active matters.

The Sunday Mail has been told that the possible involvement of other criminal elements are being considered.

It comes as a string of arson incidents at smoke shops continue across the state including a suspicious fire at Uncle Billy’s Tobacconist in Beenleigh early Friday morning.

Vaping remains an hot topic in Queensland.

There is no suggestion that the subject of the attack is involved in any criminal conduct.

Police last month revealed their taskforce dedicated to stamping out the illicit tobacco and vape trade, Victor Masher, had investigated 12 separate arson attacks in Brisbane, Mount Isa, Moreton Bay, Townsville and Warwick areas.

But Queensland’s war on illicit tobacco and vaping is proving to be little more than a slap on the wrist, with health officers dishing out just $13.4m in fines in 2024.

Health officers can only issue $3,226 on the spot fines to individuals and $16,130 to corporations, with stores shut for a maximum of 72 hours.

It can now be revealed health officers issued just 2,160 penalty infringement notices (PINs) over 12 months, including 1,655 to individuals ($3.2m) and 505 to corporations ($10.2m).

This is despite officers seizing 8.7 million illegal cigarettes, 2.6 tonnes of loose tobacco, and 44,300 vaping products.

Officials have been urged to crack down on vaping.

Health Minister Tim Nicholls is considering more extreme measures to crack down on the sale of illicit tobacco and vapes in Queensland, including potentially raising the value of on the spot fines.

“The aim is to take away the financial incentive and make it more expensive to carry out the business than the profits generated by doing it,” he said.

Mr Pike said regardless of fine increases, there was a still a “reticence” from Queensland Health to enforce their own laws.

“We know it is a big problem because Queensland Health have been doing surveillance for over two years on hundreds of stores,” he said.

“They are watching them sell illicit tobacco, what value does that provide?

“I just can’t understand that mindset.”