‘Absurd’: Allan govt fully backs just a quarter of recommendations on vaping and tobacco controls

The state government has come under fire after leaving local councils to enforce the new tobacco licence scheme, with officers fearing they could be “targeted” if they manage the raging illegal activity.

Victoria’s debt-ridden state government is leaving the door open for local councils to investigate serious organised criminals dealing in illicit tobacco.

It comes as the state government said it only fully supported a quarter of the recommendations contained in a cross-bench parliamentary report into vaping and tobacco controls.

The Public Accounts and Estimates Committee (PAEC) began its inquiry in February last year, received 115 submissions and interviewed concerned parties over three hearings before producing its findings in August with a total of 27 recommendations.

The Victorian state government has now released its response to the report - six months later - with only seven recommendations being “supported in full”.

Police and fire investigators at the scene of an arson attack on a tobacco store on Chapel Street, Prahran. Picture: Andrew Henshaw

David Inall, CEO of Master Grocers Australia, said leaving enforcement to local councils had, in part, allowed the tobacco wars to flourish with more than 130 firebombings across the state and an innocent woman being killed.

“Any suggestion that Local Councils will play a role in policing a new licensing scheme is absurd,” he said.

“It is obvious to anyone that they are not equipped or trained to engage in what is clearly a law-and-order issue”.

Currently, Environmental Health Officers (EHO) who investigate things like noise complaints, are tasked with investigating illicit tobacco.

But the Herald Sun revealed in 2023 that the local council workers were not carrying out the inspections due to fears for their safety.

The PAEC inquiry also heard from the Municipal Association of Victoria and the board director of Environmental Health Australia (EHA) who said they are the wrong agency to be investigating serious organised crime.

“Our officers are not trained or equipped to manage this type of illegal activity,” Dr Varinder Sapehiyia from EHA said.

“EHOs are not appropriate people to be policing these illegal activities, especially when premises selling illicit tobacco and vapes have been shown to be connected with organised crime,”

“Such activities should rightfully be addressed by more appropriate legislation and personnel, such as state and federal police, with substantial penalties to deter illegal activities.”

Municipal Association of Victoria (MAV) Chief Executive David Clark agreed.

“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.”

PAEC concluded that the state government should “limit the enforcement powers of local government to smoke free areas”.

An alleged arsonist runs from a fire at a Glenroy tobacco store. Picture: Victoria Police

But the state government said local councils enforcing a tobacco licence scheme was still firmly on the table.

“Local government currently perform an important compliance and enforcement role,” it stated

“The forthcoming introduction of a tobacco business licensing scheme will significantly change, and strengthen, that framework.

“In that context, the roles and responsibilities of all interested public entities, including local government, are being considered to ensure delivery of the framework’s objectives.”

EHOs being fearful of carrying out inspections came as surprising news to the Department of Justice and Community Safety who gave a 45-minute briefing to retailers last week.

The tobacco licence scheme is due to start on July 1 but enforcement won’t start before 2026.

Kathryn Bannon from the department couldn’t say who would enforce the licence, how many inspectors there would be, the budget for enforcement or why the state government hadn’t introduced closure laws in the legislation like other states.

More than 100 smoke shops have been targeted since the tobacco wars got underway. Picture: Luis Enrique Ascui

Meanwhile the Herald Sun has revealed 1044 shops — more stores than Coles and Woolworths combined — that have been found illicit tobacco since March 2023.

In that time there have been more than 130 firebombings.

“We’ve introduced the toughest laws anywhere in the country to smoke out the illegal tobacco trade and keep Victorians safe – building on the work of Victoria Police who are targeting serious organised crime through Taskforce Lunar,” a government spokesperson said.

“The regulator will provide strong oversight of the tobacco industry and prohibit those unsuitable to hold a licence from operating.”

They added: “Work is happening to determine the licensing details – this will be done in consultation with industry and we’ll make sure that retailers are kept informed along the way.”

Originally published as ‘Absurd’: Allan govt fully backs just a quarter of recommendations on vaping and tobacco controls