Illegal tobacco sellers could face prison terms of up to seven years and forced shop closures under new laws to be introduced by the NSW government as it seeks to address Sydney’s booming illicit cigarette trade.
The government flagged an overhaul of penalties for the sale of illegal tobacco last week, including new powers to evict retailers caught selling illegal tobacco or vapes. The bill will give NSW Health the power to issue short-term closure orders for businesses for 90 days and 12 months with a court order.
Health Minister Ryan Park has announced the Minns government will move tougher laws on illegal tobacco when parliament resumes next month.Credit: Sitthixay Ditthavong
The changes, which Health Minister Ryan Park described as the toughest in the country, include new maximum penalties of $1.5 million and seven years’ imprisonment for the sale of illegal tobacco and vapes. It will introduce similar penalties for possession of commercial quantities of the substances.
Landlords will be given powers to terminate leases when closure orders are in place and, on Sunday, Park said the government will begin consulting on possible laws to make it an offence for landlords to knowingly lease to illegal tobacco and vape suppliers.
The new laws, first flagged by Premier Chris Minns last week, will be introduced when parliament resumes next month.
The crackdown comes amid increasing concern about the growth in the illegal tobacco trade. This masthead has previously reported there are roughly 60 tobacconists for every McDonald’s restaurant in Sydney, and Australian Border Force estimates criminal gangs control about three-quarters of the illegal tobacco trade.
Park on Sunday said the changes were aimed at “breaking up the business model”.
“[It is] all about trying to get on top of the growing amount of premises that we’re seeing right across our communities, our suburbs, our towns and our cities across NSW popping up,” he said.
“The community has clearly had enough. I’ve had enough as the health minister. We need to do what we can to try and reduce the spread of these premises right across NSW, and in doing so, try and upset and disrupt the business model.”
Minns has previously called on the federal government to reduce the tobacco excise, arguing the significant increase in the cost of legal cigarettes has pushed consumers to the black market. But Treasurer Jim Chalmers has ruled out such a move at federal level and Park said he wanted to take action regardless.
“I don’t have the time, nor do I have the patience, to wait around to see if there’s going to be any more movement on a federal excise,” he said.
The Coalition has previously called for tougher sanctions over illegal tobacco, and many of the changes announced by Labor are similar to proposals previously put forward by the opposition.
“We can’t allow another generation to be targeted by criminal operators selling cheap, addictive poison under the counter,” Shadow Health Minister Kellie Sloane said.
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