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  • 7 weeks ago
The federal government is set to unveil new laws targeting the booming illicit tobacco trade in Australia. Under the legislation, which will be introduced to parliament today, authorities would be allowed to rely on evidence such as suspiciously cheap prices to show tobacco was illegal.

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00:01Well, these laws will target both the distribution and the retail and importation of this illegal
00:09tobacco. It'll also make it easier for authorities to seize proceeds of crime and even assets
00:14of criminals linked to this illegal trade. But I think one of the more interesting parts
00:19about these laws that are getting introduced into the parliament is the way that it'll
00:23change the way prosecutions in this area happen. So at the moment, under current laws, if authorities
00:28want to prosecute a person who they've identified as having, you know, selling or having or bringing
00:33to the country illegal tobacco, they have to prove that the person knew that that tobacco
00:38was brought into the country illegally and that it should have been subjected to a customs
00:43duty. But these new laws kind of change the way that happens. I spoke to the Assistant
00:48Minister for Customs, Julian Hill, earlier today, who explained how these new laws will
00:53work. The new laws think about it as a list of observable indicators, very simple fact-based
01:00things like, is the tobacco appropriately packaged? Is it a menthol cigarette even hiding in plain
01:07packaging? Is it being concealed? Does it have paperwork at the border? Or my personal favourite,
01:13is the retail price of this packet of cigarettes less than the amount of excise and GST combined?
01:20If any of these facts are proven, just one of them, that establishes the reasonable suspicion
01:25of the criminal offence of importing possession or conveying.
01:29So those new kind of obvious indicators are the big difference here. And, you know, you walk into a
01:35smoke shop and the authority will be able to say, look, that packet doesn't have the plain packaging
01:40that Australians are, you know, used to expecting in, you know, convenience stores, wherever you see
01:44cigarettes for sale and it is mandated here. And that's a really obvious sign, or as he says,
01:50the cost, where it's, you know, with the taxes associated and GST, you can't really get cigarettes
01:56or tobacco in Australia for under kind of $40, $50 basically. Whereas some of these cheaper illegal
02:02cigarettes, people are getting for $10, $12 a packet. So those are those really obvious indicators
02:07he's talking about. However, complicating that, we know that organised crime is already starting to
02:12use fake plain packaging. So they're concocting like false copies of what is legally available
02:19and repackaging some of these products. So that will complicate this issue. But the government is
02:24taking a different track to what the opposition and even One Nation have been talking about. The
02:28opposition talking about cutting the excise as a solution to this problem, basically suggesting that
02:34that would take the wind out of the sails of organised crime by cutting, you know, making the product
02:39less appealing. So if you can get legal cigarettes for less money, you're less likely to go and buy
02:44an illegal product. And, you know, that will make that organised criminal element less appealing
02:50in this country. But these Labor laws, they'll be introduced to Parliament today. So we'll start
02:55to see them flow through and some of that reaction.

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