Victorian council workers caught in middle of Melbourne’s illicit tobacco wars

Victorian council workers who have raised concerns over suspected illegal tobacco activity have been faced with “heavies” turning up on their doorstep.

Serious organised criminals in the illicit tobacco industry are threatening and intimidating council workers at their homes.

The Herald Sun can reveal local council staff who have raised concerns about the suspected illegal activity have been faced with “heavies” turning up on their doorstep.

It comes as the Municipal Association of Victoria, which represents all 79 councils across the state, pleads for political intervention.

MAV chief executive David Clark said councils were the wrong agency to be investigating illicit tobacco but they were “caught in the middle” of a “really clear policy void”.

“Illicit tobacco is primarily a tax and duty issue for the federal government and it only becomes a police issue when there is clear criminality involved, such as a turf war that results in firebombings,” Mr Clark said.

“But what happens when all that calms down? It’s a really clear policy void and something we feel has completely fallen through the cracks.”

Victorian Police Lunar Taskforce raided 34 tobacco stores across Melbourne as part of its investigation into the illicit trade.

He added: “Councils have a health and safety role; making sure warnings are displayed, tobacco products are not displayed and retailers are not selling to minors.

“They are not equipped to deal with serious organised crime.”

The Herald Sun has been told local council environmental health officers, who carry out checks on venues selling tobacco, have been threatened by people turning up at their homes.

“I had suspicions a premises was selling illegal cigarettes so was asking a few questions of the owners,” a worker, who spoke on the condition of anonymity, said.

“Just a few days later a couple of heavies knocked on my front door and told me to back off, that my job wasn’t worth it.

“I was petrified. My family was exposed and I just felt so vulnerable.”

Mr Clark said environmental health officers’ work was predominantly food regulation or checking septic tanks regionally “not dealing with hardened criminals”.

He said MAV formally raised concerns in a letter to the state government in February 2022 but “we’ve heard nothing, it’s just been silence.”

“Increasingly more councils are reporting concerns about the sale of illicit tobacco. The issues being raised with the MAV include the difficulties and inappropriateness of councils investigating illicit tobacco activities, particularly where there are likely to be links to organised crime,” the letter said.

“Council staff have often noted a lack of clarity as to which agency is responsible for responding to their reports advising of possible illicit tobacco activities.

“Currently councils will share their observations of potential breaches they consider in need of further investigation with a variety of agencies in the hope this will assist investigations that might already be underway”.

MAV has called on the state government to introduce a licensing scheme – with Victoria being the only state not to have a register of tobacco retailers.

“Introduction of a licensing regime for tobacco distribution and retail providers would assist all government agencies identify and communicate with retailers selling tobacco products. It would also strengthen the powers of agencies to act against those selling illicit tobacco through it becoming an offence to not be licensed,” the letter said.

It adds: “Most councils would be reluctant to have a prime role in surveillance or the seizure of illicit tobacco products. There is, however, an opportunity for Commonwealth and state governments to use councils’ local knowledge about traders and premises where illicit tobacco is being distributed and or sold.”

A state government spokeswoman said it would announce “robust” changes early next year.

“The health and safety of all Victorians is our highest priority – we are working closely with Victoria Police, local governments and other stakeholders on a range of options to address these issues, and will develop a robust response early next year,” she said

“Recent developments including an increase in organised crime links to illegal tobacco, a rise in the sale of unlawful vapes and consideration of the Commonwealth’s new tobacco legislation means we need to do further work to tighten our approach to the sale of tobacco.”

“We welcome the introduction of new world-leading federal tobacco control legislation by the federal government and will continue to work with governments across Australia to establish stronger national measures to help enforce our state laws that already tightly regulate the sale and supply of vaping products.”

Originally published as Victorian council workers caught in middle of Melbourne’s illicit tobacco wars