Aaron Violi (Casey, Liberal Party) Share this | Hansard source

Tobacco consumption has exacted a devastating toll on Australians over the last five decades, resulting in health, economic and societal damage. Despite a steady decline in smoking rates since the 1960s, the legacy of decades of widespread tobacco use lingers in the form of a significant burden on the health system.

According to the Australian Institute of Health and Welfare data from the 2019 National Drug Strategy Household Survey, around 11 per cent of Australians aged 14 and over reported being current daily smokers. This represents a significant reduction from 1991, when it was 24.3 per cent, and it is a good result from the comprehensive tobacco control measures implemented in Australia.

Smoking-related illnesses, as we know, include cancers, respiratory diseases and cardiovascular conditions, which continue to claim lives, strain healthcare resources and impact families. My family was impacted when my nonno passed away from emphysema. Having grown up in a different era, he was one of those people that smoked regularly. It's also the economic cost of tobacco related harm in terms of lost productivity and increased healthcare expenditures. They remain substantial.

The Public Health (Tobacco And Other Products) Bill 2023 and the accompanying Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023 have been designed to streamline tobacco regulation in Australia. The bill will also expand the existing advertising restrictions to apply to e-cigarettes, also known as vapes; introduce new measures with respect to tobacco packaging; and introduce new reporting requirements for the tobacco industry. This includes restrictions on advertising and promotion to reduce the allure of these products. It mandates the requirement for plain packaging of tobacco products, including stringent regulations on the appearance, content and standards of the tobacco products, to further discourage their consumption. The bill establishes provisions for compliance and enforcement, including the appointment of authorised officers and civil penalty provisions, to ensure that the regulations are followed. The bill includes various provisions related to delegations and constitutional matters.

A division having been cal led in the House of Representatives—

Sitting suspended from 12:56 to 16:00

As you would imagine, stakeholders such as the Cancer Council, the AMA, the Royal Australian College of GPs and the Public Health Association of Australia all expressed their support for the aims of this bill. However, the RACGP did bring up an important issue of enforcement process for social media platforms that are hosted overseas, such as TikTok. They suggested that it would require clarity and funding. They have sought clarification.

In 2012, Australia became the first country to implement plain-packaging laws, a step in the global fight against tobacco use. Both Labor and coalition governments have consistently raised tobacco excise taxes to reduce affordability and discourage smoking, further demonstrating our bipartisan commitment to addressing this critical public health issue. In addition to plain packaging, graphic health warnings have been introduced on tobacco products, discouraging consumption by highlighting the devastating effects of smoking related diseases. The National Tobacco Strategy 2012-2018 outlined Australia's commitment to reducing tobacco related harm. The coalition government continued implementing and evaluating this strategy to achieve its objectives.

While the coalition supports the intent of this bill, it is essential to note that the Senate committee inquiry has commenced with a reporting date of 22 November. Any significant issues that arise from this report should be taken into consideration. The bills do not address the stronger regulation of e-cigarette availability, vapes and supply. They only seek to prohibit certain forms of e-cigarette advertisements and sponsorships.

I'm sure many other members have the same experience I do when talking to every school principal we meet—particularly in high schools but, worryingly, even primary schools—about the challenge of vapes in their schools. Many are resorting to locking their bathrooms during class hours or having a teacher accompanying students to the bathroom—this means students can't sneak out—such is the uptake of vapes among young people at the moment.

It is with disappointment that I note this bill does not address the rampant and growing issue of the illegal tobacco trade in our country. This bill would be an opportunity to address the illegal tobacco trade in Australia as it poses a serious threat to public health, government revenue and the very objective that the public health bill seeks to achieve. The illegal tobacco market not only undermines the effectiveness of existing tobacco control measures, but also significantly impacts government revenue and encourages a thriving black market. This is something that I've seen in my electorate of Casey. Many residents reach out, concerned when one of these new stores opens up. In Victoria in particular, and I am sure this also happens in other states, we've seen a concerning level of increase in violence and in fire bombings, and this has all been linked to the illegal tobacco trade. And when one of these illegal stores goes into a community, it also has a perverse impact on those businesses that are legally selling tobacco products because they see their revenues significantly drop.

The challenge with this is many people with small family businesses have invested significant money into their businesses and they're doing the right thing, but they are potentially faced with the choice of continuing to follow the law and go bankrupt or looking to put illegal tobacco into their stores just to compete. That's not a criticism of these people, because they've been put in a tough situation. This is something that we need to address.

While the bill focuses on imposing penalties for noncompliance with legal tobacco regulations, it falls short when it comes to deterring and penalising those involved in the illicit tobacco trade. The penalties for engaging in this illicit, illegal activity remain largely unchanged, even in the face of these growing threats that it presents. To effectively combat this illegal trade requires not only strict penalties but also proactive measures aimed at dismantling the illegal tobacco networks that thrive in the shadows. These networks operate with relative impunity, undermining public health objectives and costing the government significant revenue.

Most illegal tobacco is smuggled in from overseas. This makes it a federal issue. The existence of a thriving black market for tobacco products undermines the effectiveness of tobacco control measures, such as excise taxes and plain packaging laws. The illegal tobacco trade often involves organised crime and money laundering, contributing to a broader range of criminal activities across our society. Addressing this must be an integral part of any comprehensive tobacco control strategy. Significantly increasing penalties associated with illegal tobacco trade needs to be given appropriate consideration. This would not only serve as a deterrent but also allow for more effective legal action against those involved in this illicit activity.

Coordinated efforts between law enforcement agencies, border control and other relevant authorities is essential to dismantle these illicit tobacco networks. Given the global nature of the illegal tobacco trade, international collaboration with countries where these products are manufactured or trafficked is also crucial. To ensure the success of these public health measures, it is imperative that we tackle the illicit tobacco trade with equal vigour. Without addressing the growing black market, this bill risks not being worth the paper it is written on. It is important that we get it right.

The bill's objectives can only be fully achieved through a coordinated, comprehensive and robust effort to combat this growing problem. It is our hope that these concerns will be taken into serious consideration to safeguard the health and wellbeing of Australians and the economic interests of our nation. I look forward to the findings of the upcoming Senate committee inquiry and the actions that come out of that inquiry. Together, we can make important advancements in protecting the health and wellbeing of all Australians.

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