Qld Health under fire for only carrying out four vaping raids since new July 1 laws

Convenience stores and service stations across the South East are blaming a 20 per cent drop in tobacco sales on Queensland Health for failing to curb illegal vaping.

Convenience stores are concerned about illegal vaping. Picture: Generic file photo

Convenience stores and petrol station retailers across the South East are blaming a 20 per cent drop in tobacco sales on the failure of the state health department to patrol the vaping black market.

Retailers claim Queensland Health is not up to the task of regulating the illegal vaping industry and want enforcement powers transferred away from the department ahead of new tobacco licensing laws, due to take effect on September 1.

Since new vaping bans came into play nationally on July 1, Queensland Health officials have raided four premises for nicotine vaping goods, seizing 1749 vapes, 351 e-liquids and 150 nicotine pouches.

As there are no on-the-spot fines under current legislation, prosecution is the only available enforcement option and so far, no convictions have been recorded.

Under the proposed licensing rules, tobacco retailers must pass a fit and proper persons test and a criminal-background check before being eligible to buy the $475 licence and sell smoking products.

Australian Association of Convenience Stores chief executive Theo Foukkare said the proposed tobacco licence would help to weed out dodgy tobacco sellers.

But he said the health department should not be in charge of enforcing the tobacco licence rules as it had “failed to patrol the new vaping regulations” with illegal vaping products still widely available in Queensland.

Tobacco products in Queensland are kept in cupboards or shelves or drawers such as these. Picture: IGA

“The black market for vaping products remains strong across southeast Queensland and that is decimating the legal tobacco market,” he said.

“It is being bolstered by Chinese suppliers who, in some instances, guarantee delivery in online advertisements, despite the federal import ban.

“South Australia transferred responsibility to the Department of Justice and added $16 million for a dedicated task-force, which we believe is a solution.”

Retailers have continued to report widespread availability of illegal vapes, with some even experiencing a rise in prices which they claim directly affects the legal sale of tobacco.

Jones Retail Group owner Tyrone Jones, who owns up-market Supa IGA stores at Mount Cotton, Cleveland, Thornlands, Wellington Point and Redland Heights, said transferring licensing responsibilities from Queensland Health to the Office of Fair Trading or Queensland Police would ensure a more robust and effective system.

Jones Retail Group owner Tyrone Jones and his wife Leanne at the Cleveland store. Picture: Contributed

“We’ve made complaints about cases of illicit tobacco sales but they often hit a dead end, leaving us to deal with the consequences,” Mr Jones said.

“Our compliant retail businesses need real support against illicit syndicates, not just lip service.

“Without adequate enforcement, the new licensing scheme is just a smoke screen.

“A dedicated illicit tobacco and vape task-force within the Queensland Police could actually make a difference in curbing the illicit trade and associated violence.”

Queensland Health denied it had failed to patrol vaping or the illegal tobacco industry and said there were tough criminal penalties for illegally importing, manufacturing, advertising, supplying or commercial possession of vaping goods.

Offenders face hefty fines of more than $1 million in Queensland. Picture: News Corp

Offenders face a maximum of seven years’ jail and/or 5000 penalty units, which is currently equivalent to $1.565 million for individuals or $7.825 million for corporations.

There are also civil penalties of up to 7000 penalty units for an individual which currently equates to $2.191 million or 70,000 penalty units for a corporation which amounts to $21.91 million.

A Queensland Health spokesman said the state government was committed to tackling the vaping crisis and the new laws in September would include fines of more than $300,000, two years’ imprisonment, or both, for the supply and commercial possession of vapes.

The spokesman said the new laws would also give authorities more power to close offending businesses and were aimed at disrupting the illicit tobacco and vape trade.