Tobacco and Other Smoking Products Amendment Bill 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸1 procedural vote
Vote to grant leave
Procedural vote on whether to allow Mr Last (LNP) to move a general notice of motion - unrelated to the Tobacco and Other Smoking Products Amendment Bill. The bill introduction had concluded and this was a separate procedural matter.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (37)
Noes (49)
Referred to Health and Environment Committee
▸38 members spoke36 support2 mixed
Supports the bill as common sense legislation to address illegal tobacco sales (chop-chop shops) affecting legitimate businesses, though questions the government's ability to enforce the new laws given past poor experiences.
“As other members of the LNP opposition have stated, we are not opposing this bill. However, we do—and I note that the member for Mudgeeraba, the shadow health spokesperson, spoke about this very eloquently in her contribution—have concerns about the government's ability to manage and enforce these proposed laws.”— 2023-05-25View Hansard
As Minister for Health, introduced the bill and commended it to the House, emphasising its importance in reducing smoking rates, protecting children and families from second-hand smoke, and combating the illicit tobacco trade.
“The Palaszczuk government is committed to strengthening public health protections for all Queenslanders but particularly families and children. Queensland's smoking laws are comprehensive and among the strongest in the world. This bill will ensure that we stay this way.”— 2023-05-24View Hansard
Strongly supports the bill as continuing Labor's tradition of curtailing smoking, drawing on his experience as a federal senator during plain packaging reforms and his personal journey as a reformed smoker.
“Labor governments in Queensland and Australia have a strong recent history—and going way back in fact—in curtailing smoking, and this bill seeks to continue that great work.”— 2023-05-25View Hansard
As Shadow Health Minister, confirmed the Opposition will not oppose the bill, acknowledging it is largely uncontroversial and common sense, but expressed concerns about enforcement resourcing and the ability to shut down illegal chop-chop shops.
“It is also just one part of the reason why the opposition will not oppose the passage of this bill through the House. It is not all adversarial in this place, and as a constructive and responsible opposition we will never stand in the way of things that make sense.”— 2023-05-24View Hansard
Supports the licensing scheme to combat illicit tobacco trade that is hurting legitimate businesses in regional Queensland, and calls on the government to strengthen enforcement activities.
“As indicated earlier by the shadow minister, the LNP will not be opposing this legislation. These amendments will establish a licensing scheme for the wholesale and retail sale of smoking products.”— 2023-05-25View Hansard
As Committee Chair, supported the bill and praised the committee process, acknowledging the impact of illicit tobacco on legitimate retailers in North Queensland and welcoming stronger enforcement measures.
“I rise to contribute to this debate supporting the Tobacco and Other Smoking Products Amendment Bill 2023. Smoking remains a significant cause of death, disease and health inequality in Queensland.”— 2023-05-24View Hansard
Strongly supports the bill, having personal experience with family members dying from smoking-related illness, and notes her previous work as committee chair on tobacco licensing arrangements.
“I watched my grandmother, who never smoked a day in her life, die an incredibly painful death due to the passive smoking of my grandfather.”— 2023-05-25View Hansard
As Committee Deputy Chair, confirmed the LNP will not oppose the bill, supporting its framework for regulating tobacco sales while sharing concerns about enforcement capabilities against chop-chop shops.
“The LNP will not be opposing this bill. The bill sets up a regulated framework for both wholesale and retail selling of smoking products with the addition of fresh penalties for noncompliance with this system and new offences.”— 2023-05-24View Hansard
Supports the bill but emphasises that success depends on adequate resourcing for enforcement, noting school leaders have contacted him about the growing vaping problem among students.
“Just like the shadow minister for health said yesterday in her contribution, a major part of whether this bill achieves the desired outcomes or not is dependent solely on resourcing.”— 2023-05-25View Hansard
Supported the bill's objectives to reduce smoking and combat illicit tobacco trade, while providing detailed explanation of the bill's provisions and new enforcement measures including higher penalties.
“I thank my fellow committee members and everyone who gave information to these inquiries. It was interesting to hear about the methods schools are using to stop vaping within and adjacent to their grounds.”— 2023-05-24View Hansard
Supports the bill as being about health, safety and fairness for legitimate tobacco businesses, noting that industry groups like the Australian Association of Convenience Stores support the regulation.
“It just goes to prove the point that when it comes to regulation, regulation done right supports good business.”— 2023-05-25View Hansard
Strongly supported the bill, sharing personal experience of losing both parents to smoking-related chronic airway diseases and emphasising that Queensland has been a world leader in reducing smoking rates.
“The only thing we should be putting in our lungs is air. Queensland has been a world leader in the reduction of smoking rates. The adult smoking rate in Queensland has halved over the past 25 years.”— 2023-05-24View Hansard
Supports the bill as another tool in the fight against illicit tobacco, commending local police for using existing laws to prosecute chop-chop sellers in his community.
“This bill will provide another tool in the fight against illicit substances and the use of illicit substances.”— 2023-05-25View Hansard
Supported the bill as an important milestone in protecting Queenslanders' health, sharing that both her grandmothers died too young from smoking-related illness and criticising the rise of illegal chop-chop shops with links to organised crime.
“The Tobacco and Other Smoking Products Amendment Bill is an important milestone in our Palaszczuk government's ongoing work to safeguard the health of Queenslanders.”— 2023-05-24View Hansard
Supports the bill as Education Minister, noting that what happens in the community affects schools, and welcomes the expansion of smoke-free areas including school car parks and the inquiry into vaping.
“I really welcome the parliamentary inquiry into vaping and about what it is. I do not get it. I see a lot of it. I know some members of my family vape. I do not get it, but we want to know what is inside them.”— 2023-05-25View Hansard
Acknowledged the bill is largely uncontroversial but focused on concerns about inadequate resourcing for enforcement, citing examples of legitimate retailers in his electorate suffering 45% trade losses due to illegal tobacconists.
“Committee recommendation No. 3 addresses this issue. I commend the committee for making the recommendation in terms of the need for enhanced enforcement and resourcing of those who undertake enforcement.”— 2023-05-24View Hansard
Applauds the intent of the bill to deal with illicit tobacco products, noting that legitimate retailers in his electorate have been disadvantaged by illegal operators who remain open despite complaints to multiple agencies.
“I applaud the intent of the bill, particularly around dealing with the scourge of illicit tobacco products, which has been a real problem in my community of Southern Downs.”— 2023-05-25View Hansard
Supported the bill as delivering stronger enforcement action on illicit tobacco, praising the establishment of Queensland Health as the lead enforcement agency and the expansion of smoke-free areas.
“I rise in support of the Tobacco and Other Smoking Products Amendment Bill. Over the last 25 years concerted public health efforts have more than halved adult smoking rates in Queensland.”— 2023-05-24View Hansard
Supports the bill as important legislation establishing a licensing scheme, expressing concern about the deliberate targeting of young people by tobacco companies through child-focused vape flavours and products designed to hide in school bags.
“The dramatic increase in vaping is obviously a deliberate strategy from tobacco companies to target young people and get them hooked.”— 2023-05-25View Hansard
Acknowledged the bill's good intentions in reducing smoking and combating illicit tobacco, but criticised the government for complacency in allowing the vaping epidemic and chop-chop shops to flourish, questioning who will police the new provisions given under-resourced police.
“The legislation we are debating today is trying to achieve a few policy objectives. We have seen a lot of illegal tobacconists pop up—the chop-chop stores as people have been calling them.”— 2023-05-24View Hansard
Supports the bill and acknowledges the enormous public health benefits of reducing smoking rates, while noting that a licensing regime must be properly enforced to be effective against illegal tobacco sellers.
“A licensing regime is all well and good, but it needs to be enforced and it needs to be implemented in a way that cracks down on the illegal sale of tobacco.”— 2023-05-25View Hansard
Supported the bill and acknowledged the work of the former health minister, sharing experience of working with local police to address illegal tobacco shops in her electorate and welcoming the legislation that would help in such situations.
“I rise to support the Tobacco and Other Smoking Products Amendment Bill 2023. I would like to begin by acknowledging the work of the former health minister, Yvette D'Ath, who has guided this legislation in a comprehensive manner.”— 2023-05-24View Hansard
Strongly supports the bill as personally important given his father died from smoking-related illnesses, and welcomes the licensing scheme, enhanced enforcement powers, and expanded smoke-free places.
“I have said before that my father passed away from smoking, God bless him. He picked up the habit in the fifties when he was in the Nashos when he was given cartons of free cigarettes, and his habit started from there.”— 2023-05-25View Hansard
Supported the bill and its objectives to strengthen tobacco legislation, emphasising the committee's three recommendations are fair and justified, while highlighting expert evidence about the correlation between mental health and smoking.
“It is widely acknowledged that smoking is the leading preventable cause of disease and death in Australia—in order words, morbidity and mortality.”— 2023-05-24View Hansard
Supports the licensing framework as enabling better compliance monitoring and cracking down on illegal tobacco trade, noting that chop-chop has always been an issue in Logan.
“With a licensing framework comes the ability to better ensure compliance and crack down on illegal tobacco trade. A KPMG report calculated that almost 20 per cent of tobacco consumed in Australia was obtained illicitly.”— 2023-05-25View Hansard
Supported the bill as having significant impact in improving health, emphasising the duty to protect communities and particularly younger generations from nicotine addiction and the dangers of smoking.
“I rise in support of the Tobacco and Other Smoking Products Amendment Bill 2023. This bill should not be underestimated in its impact in improving the health of many Queenslanders.”— 2023-05-24View Hansard
Supports the licensing regime but views the legislation as an admission of failure that chop-chop shops have been allowed to proliferate for too long, and emphasises that compliance must be enforced.
“The chop-chop shops that have been allowed to proliferate in our communities are an absolute disgrace. It has got out of hand. Finally, there is an attempt to regulate this, but I think this legislation is in fact an admission of failure.”— 2023-05-25View Hansard
Supported the bill, sharing personal experience of watching her mother's battle to quit smoking, and emphasised the importance of putting social structures and scaffolding in place to support people who want to quit.
“I do not think we can underestimate the impacts that this legislation is going to have on health outcomes in Queensland because it is putting in place some really fantastic social scaffolding and structures to encourage people to smoke less.”— 2023-05-24View Hansard
Supports the bill on behalf of her electorate, acknowledging the foundation work of former Chief Health Officer Dr Jeannette Young and noting that her Youth Advisory Council identified vaping as their top concern.
“In fact, my 2023 Youth Advisory Council, made up of 20 students, identified vaping as their No. 1 concern.”— 2023-05-25View Hansard
Supported the bill's passage but expressed grave concern that it does not adequately address the vaping epidemic in schools, noting the explosion of tobacconists in his electorate and the doubling of stores selling vaping products to youth.
“A major issue of concern to me is the vaping epidemic in our schools. We have certainly seen an explosion in the number of tobacconists in my area. In fact, it has roughly doubled over the last little while.”— 2023-05-24View Hansard
Supports the bill while emphasising that compliance is critical, drawing on his experience as a shopping centre manager dealing with smoking bans, and warns against legislating what the government is not prepared to properly enforce.
“As with everything in life, do not legislate what you are not prepared to enforce properly; otherwise the legislation quickly dissipates with the passage of time to become a toothless tiger.”— 2023-05-25View Hansard
Supported the bill as a health professional who has seen the effects of smoking on oral health, highlighting concerns about higher smoking rates among Aboriginal and Torres Strait Islander peoples and the growing problem of illicit tobacco shops.
“As a health professional, I have seen firsthand what smoking does to one's oral soft tissues, gums, teeth, lungs and general health. It is of great concern that we still have the numbers of people smoking who do.”— 2023-05-24View Hansard
Supports the bill, emphasising the moral value of life and criticising the member for Mirani's suggestion that early smoker deaths might save taxpayers money, arguing such logic must be utterly rejected.
“There is a moral value to living life fully. To see a benefit in an untimely death is a rejection of the moral value of life and the moral principles of both humanist and religious thought.”— 2023-05-25View Hansard
Supported the bill, sharing personal experience of her father's death from smoking-related illness after a lifetime of smoking rollies, and welcomed the proposed licensing scheme and expansion of smoke-free places.
“I rise to support the Tobacco and Other Smoking Products Amendment Bill. We know that putting in place preventive measures that look after our health is more effective than reactive measures to repair the damage done to our health.”— 2023-05-24View Hansard
Supports the bill, expressing concern as a parent about the growing trend of electronic cigarettes among young people and the aggressive marketing of smoking products on social media.
“As a parent, I am very concerned about the growing trend of electronic cigarettes. It is a growing phenomenon amongst young people.”— 2023-05-25View Hansard
Supported the bill as a game changer that will protect honest retailers from illegal tobacconists linked to organised crime, praising the new licensing scheme and prohibition on supplying and possessing illicit tobacco.
“The licensing of wholesalers and retailers of smoking products is an absolute game changer that protects our small businesses, honest retailers and wholesalers.”— 2023-05-24View Hansard
As Health Minister, delivered the reply to the second reading debate, noting broad support across the House and addressing concerns about resourcing by explaining that licence fees will provide full cost recovery and fund additional compliance activities.
“I was pleased to see support across the House for the bill and to hear these reforms described as common sense and sensible.”— 2023-05-25View Hansard
Confirmed the LNP supports the bill, responding to criticism about the lack of a statement of reservation by explaining that this is because the Opposition agrees with the legislation.
“Naturally there would not be a statement of reservation because, member for Bundaberg, we support the bill. Go figure!”— 2023-05-24View Hansard
That the amendment be agreed to
The motion passed.
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Ayes (47)
Noes (30)
That the motion, as amended, be agreed to
The motion passed.
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Ayes (47)
Noes (30)
Plain English Summary
Overview
This bill overhauls Queensland's tobacco laws to reduce smoking rates and protect the community from second-hand smoke. It introduces a licensing scheme for tobacco sellers, cracks down on illicit tobacco, expands smoke-free public spaces, and strengthens protections for children.
Who it affects
Tobacco retailers and wholesalers must now hold licences to sell. Parents can no longer supply smoking products to their children. Pubs and clubs face new restrictions on outdoor smoking areas. All Queenslanders benefit from expanded smoke-free spaces at markets, schools, and children's activities.
Key changes
- New licensing scheme requires all tobacco retailers and wholesalers to hold an annual licence, with penalties up to $155,000 for unlicensed sales
- Supply of illicit tobacco (products without plain packaging or health warnings) is now a state offence with seizure and forfeiture powers
- Children under 18 can no longer sell or handle tobacco products at work
- Parents and guardians can no longer legally supply smoking products to their children
- Smoking banned at outdoor markets, school carparks, and during organised children's activities like Scouts
- Pubs and clubs must have buffer zones between outdoor smoking areas and indoor areas, and cannot allow children to remain in smoking areas
- Tobacco vending machines at licensed venues must be in staff-only areas
- Five-metre smoke-free buffer zones required around outdoor eating and drinking places