Illicit Tobacco and E-cigarette Commissioner Erin Dale set to be dumped

The nation’s tobacco and vape tsar is set to lose her job, with insiders calling for her to “step out of the shadows” and deliver “real enforcement” as the state’s raging tobacco wars heat up.

The nation’s tobacco and vape tsar Erin Dale is set to be dumped, as a turf war over black-market trade wreaks havoc across Victoria.

Ms Dale was tasked with ramping up the fight against illegal nicotine products, after being announced as the interim Illicit Tobacco and E-cigarette Commissioner (ITEC) in July 2024.

But the Herald Sun can reveal she is not expected to be appointed to the permanent role, with a recruitment process for a formal commissioner well underway.

One industry insider is demanding the commissioner “step out of the shadows and deliver real enforcement”, warning illicit tobacco and vape products have become “more widespread than ever” over the past year since she was appointed with the promise of cracking down on the black market.

However, a former federal police officer who helped set up Australian Border Force’s first tobacco strike force says Ms Dale was doomed from the start.

Erin Dale has been called to “step out of the shadows and deliver real enforcement”. Picture: Jonathan Ng

Rohan Pike said: “The authority of the ITEC was undermined from the start, being given only a temporary position and having to report to the Health Minister”.

“Given this muddled context, it’s not surprising that her office has failed to co-ordinate the states into a national approach or provide strong leadership to the promised enforcement enhancements,” Mr Pike said.

“In the past 12 months, our illicit tobacco and vape problem has grown significantly worse.

“The Home Affairs Minister is responsible for the Australian Federal Police, ABF and the office of ITEC. Where is he on the issue?”

The industry insider said: “While illegal retailers operate openly and without fear, the Commissioner remains invisible.”

“Symbolism is not strategy. Communities deserve more than a title, they deserve results.

“It’s time for the Commissioner to step out of the shadows and deliver real enforcement, real disruption, and a national plan that actually works.”

Australian Association of Convenience Stores chief Theo Foukkare said legal retailers had high hopes about the role, but it was “clear the office is struggling to deliver change”.

“We have ended up with eight different sets of state and territory rules in addition to Commonwealth laws and limited funding provided to the states to clean up this policy mess – all while the illegal market gets bigger, stronger and even more dangerous,” Mr Foukkare said.

He urged the federal government to add the national illicit nicotine crisis to the national cabinet agenda, saying it was affecting communities nationwide and needed uniform legislation, fines, and an enforcement approach.

Some say Dale’s appointment was “doomed” from the start.

Ms Dale was expected to propose a new national framework based on the best policies from each state’s licensing program by July.

Ritchies IGA Stores chief Fred Harrison said Australia had “gone no-where”.

“We had high hopes this appointment would uncover the issues and route to market, in relation to illicit tobacco and vapes but it seems we have gone nowhere and this is unacceptable, when there is clear evidence of this law breaking industry going from strength to strength,” he said.

He added: “A task force needs to be established urgently, to fix what is clearly the number one illegal activity and business in the country.”

A job ad for the role says the commissioner will be required to: demonstrate their experience in managing complex relationships with a diverse range of stakeholders, possess excellent public speaking and media engagement skills, be a highly capable leader who has shown their ability to manage and identify complex operational and strategic risks.

The successful candidate is expected to be announced in coming weeks.

It is unclear what Ms Dale, who was a senior ABF official, will do next.

She previously held the role of ABF assistant commissioner, and has led the Tobacco and E-Cigarette Taskforce, as well all national and regional border operations at Australian ports – overseeing travel, trade facilitation, and enforcement functions.

A report into Australia’s illicit tobacco sector, released this month, found the number of people buying illicit tobacco rose from 14 per cent in 2018 to 39.4 per cent in 2024.

Illicit tobacco seizure volumes by the ABF and Australian Taxation Office decreased by 19.43 per cent over the year to 2023-24.

On average, illegal cigarettes were $47.67 cheaper than legal cigarettes, resulting in $6.7bn lost in excise.

But the Albanese government has refused to bow to pressure to cut the tobacco excise, despite concerns it is fuelling black market trade.

Originally published as Illicit Tobacco and E-cigarette Commissioner Erin Dale set to be dumped