Tobacco and Other Smoking Products Amendment Bill 2023

Introduced: 14/3/2023By: Hon Y D'Ath MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill overhauls Queensland's smoking laws by requiring all businesses selling tobacco, vapes and other smoking products to hold a licence, expanding smoke-free public spaces, cracking down on illicit tobacco, and updating advertising rules for the digital age. It aims to continue driving down smoking rates while protecting Queenslanders — especially children — from the harms of smoking and second-hand smoke.

Who it affects

Tobacco and vape retailers and wholesalers must now hold a licence to sell smoking products, with heavy penalties for non-compliance. Members of the public will benefit from more smoke-free spaces at outdoor markets, outdoor dining areas, children's activities and school carparks.

Key changes

  • All wholesale and retail sellers of smoking products must hold an annual licence, with penalties of up to 1,000 penalty units for unlicensed sale (commencing 1 September 2024)
  • Smoking banned at outdoor markets, within 5 metres of outdoor eating and drinking places, at children's organised activities such as Scouts and Girl Guides, and at school carparks
  • Supplying, storing or possessing illicit tobacco (products not in plain packaging or without health warnings) is now a Queensland offence, with penalties of up to 300 penalty units
  • Parents and guardians can no longer legally supply smoking products to their children
  • Children under 18 prohibited from supplying or handling smoking products as employees
  • Tobacco vending machines at licensed venues must be in staff-only areas, with products handed to customers at a point of sale
  • Advertising and display restrictions extended to online shops, colloquial terms like 'vapes', and near-free product giveaways
  • Designated outdoor smoking areas at licensed premises must have buffer zones to enclosed areas, with doors and windows kept closed, and children must not remain in the area

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced14 Mar 2023View Hansard
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 which had already been referred to committee.

Defeated37 ayes – 49 noes2023-03-14

Permission was refused.

A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.

Show individual votes

Ayes (37)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (49)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)
First Reading14 Mar 2023View Hansard
Committee14 Mar 2023 – 25 May 2023View Hansard

Referred to Health and Environment Committee

Second Reading24 May 2023 – 25 May 2023View Hansard
35 members spoke30 support5 mixed
12.06 pmMrs FRECKLINGTONSupports

Continued her speech from the previous day, focusing on the vaping crisis among school children and calling on the government to do more about enforcement of e-cigarette laws.

Without better enforcement and regulation, these products and the use of vapes will only become more popular. The government must do more.2023-05-25View Hansard
2.39 pmMs BATESSupports

As shadow health spokesperson, confirmed the opposition would not oppose the bill, describing it as largely uncontroversial and common sense. However, raised significant concerns about the government's capacity to enforce the new laws, particularly around illicit tobacco shops.

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
12.12 pmHon. ML FURNERSupports

Spoke in support as Minister for Agricultural Industry Development, noting the opposition's support and praising the collaborative approach to the legislation.

I note the opposition's support for the passing of the bill. It is a prime example of how, through collaboration, we can ensure good legislation prevails.2023-05-25View Hansard
2.53 pmMr HARPERSupports

As committee chair, outlined the committee's consideration of the bill and noted the declining smoking rates in Queensland. Commended the bill to the House.

The rate of smoking in Queensland has decreased by more than half over the last decade. This has been the result of committed and continuing reforms by our government that restrict supply and reduce demand.2023-05-24View Hansard
12.21 pmMs LEAHYSupports

Supported the bill but strongly urged the government to ensure enforcement, particularly against illicit tobacco operations that are hurting legitimate family businesses in regional areas.

We want the illicit tobacco trade dealt with and dealt with quickly by this government.2023-05-25View Hansard
3.01 pmMr MOLHOEKSupports

Spoke in support of the bill's public health measures, including new smoke-free areas and enhanced monitoring of businesses supplying smoking products.

I am proud to support these reforms. I am proud to send a message to our community that we stand with them in keeping them safe.2023-05-24View Hansard
12.35 pmMr LASTSupports

Supported the bill but demanded the government provide additional compliance staff and resources, not transfer existing clinical services staff.

The implementation of this bill must see additional staff and resources appointed to compliance—additional staff not staff transferred from clinical services.2023-05-25View Hansard
3.15 pmMr ANDREWMixed

Raised concerns about the dangers of imported vaping products, particularly their accessibility to youth, and called for better education in schools. Did not clearly state support or opposition to the bill.

Hopefully this will make people understand that what seems an innocuous pastime compared to lighting up a cigarette is just as dangerous when it comes to vapes imported from overseas.2023-05-24View Hansard
12.39 pmHon. MT RYANSupports

As Minister for Police, spoke in support highlighting the new licensing scheme and its widespread community and industry support.

I am pleased to see this reform and I am pleased to see it has widespread support not only in this House but also across the community and industry.2023-05-25View Hansard
3.25 pmMs PEASESupports

Supported the bill while raising concerns about enforcement resourcing for Queensland Health workers and suggesting cigarette butts be included in single-use plastic ban discussions.

The government must explain how they will resource the people who will have to enforce this. They are essential Queensland Health workers and they should be supported in the work they do.2023-05-24View Hansard
12.48 pmMr McDONALDSupports

Supported the bill but called for additional enforcement resources, particularly in the West Moreton community, estimating at least two additional officers would be needed.

Any efforts that we can make to change the culture and the habits of people for the better will be very welcome.2023-05-25View Hansard
3.40 pmMs KINGSupports

Supported the bill and called on the LNP to refuse tobacco industry donations, highlighting the federal coalition's acceptance of such donations.

This bill meets our Palaszczuk government's election commitments and it takes action to strengthen and modernise our responses to the harms of nicotine use.2023-05-24View Hansard
4.11 pmMr LISTERSupports

Supported the bill but emphasised the need for the department to invest in workforce to stamp out illegal tobacco sales, citing costs to the community and links to organised crime.

It is worth the department investing what it should in order to provide the workforce necessary to stamp out the sale of illegal tobacco.2023-05-25View Hansard
3.49 pmMr MICKELBERGMixed

Did not oppose the bill but was highly critical of the government's failure to enforce existing laws against illicit tobacco shops, describing the response as hollow rhetoric.

My view is that the government does not have the inclination to ensure the laws are enforced. The government needs to get on board and to start enforcing the laws; otherwise, it is just more hollow rhetoric.2023-05-24View Hansard
4.20 pmMr SULLIVANSupports

Supported the bill's reforms to improve public health, including protections from second-hand smoke and support for smoking cessation.

It makes sense to protect the broader community from second-hand smoke in a range of scenarios, all of which I support.2023-05-25View Hansard
3.58 pmMr McCALLUMSupports

Supported the bill, emphasising the need to reduce preventable deaths from smoking and protect the next generation from addiction.

Too many people in Queensland die from preventable deaths due to smoking. We have to do what we can to continue to reduce rates of smoking and we must do everything possible to ensure that the next generation does not get hooked on smoking products.2023-05-24View Hansard
4.28 pmMr KRAUSESupports

Supported the bill's measures including improving enforcement in national parks and the new offence for supplying tobacco to children, while calling for stronger action against illegal chop-chop shops.

Cracking down on illegal chop-chop shops and the illegal tobacco that is in Australia and the offence introduced for the supply of tobacco to children.2023-05-25View Hansard
4.08 pmMr DAMETTOMixed

Raised concerns that the bill's approach of increasing costs and restrictions on smokers as a deterrent would not work and argued smokers needed more help to quit rather than punishment.

The KAP will continue to make sure that Queenslanders are represented in this House. The losers from this legislation will be the smokers.2023-05-24View Hansard
4.37 pmMr WHITINGSupports

Supported the bill, noting he had not met any constituent who would not support its measures. Called for better enforcement and action on vapes and e-cigarettes for youth.

I have not met a Queenslander in my electorate or from across the state who would not support everything in this bill.2023-05-25View Hansard
4.18 pmMrs MULLENSupports

Supported the bill, highlighting provisions targeting illicit tobacco trade and modernising advertising and display restrictions for online sales.

The bill also modernises elements of the act, particularly around the advertising, display and promotion provisions, especially in light of online sales, and also introduces new protections from exposure to second-hand smoke.2023-05-24View Hansard
4.47 pmMrs McMAHONSupports

Supported the bill, reflecting on the personal costs of smoking-related cancers and the importance of the legislation in preventing avoidable deaths.

Smoking related cancers are such a sad tale, knowing that in most instances they are deaths that could have been avoided.2023-05-25View Hansard
4.25 pmHon. MC BAILEYSupports

Spoke passionately in support of the bill as a personal priority, highlighting the expansion of smoke-free places across Queensland.

I am proud to support this bill. It is something that I am personally very passionate about.2023-05-24View Hansard
4.53 pmMs SIMPSONSupports

Supported toughening the laws but emphasised the need for compliance enforcement so that law-abiding businesses are not penalised while illegal operators get away with breaking the law.

We should toughen the laws but make sure there is compliance so that those who are acting legally are not penalised for following the law while the criminals are allowed to get away with not following the law.2023-05-25View Hansard
4.31 pmDr ROWANMixed

Did not oppose the bill but called on the government to comprehensively outline how enforcement authorities would be resourced to ensure the new laws are effective.

Whilst it is important to have laws, it is the practical action that follows from those laws, the implementation and the resourcing that goes behind that to make it a reality, that will ensure that the public health benefit is achieved.2023-05-24View Hansard
4.59 pmMs McMILLANSupports

Supported the bill, particularly the new e-cigarette requirements and their connection to the wholesale and retail licensing scheme.

On behalf of my community, I thank the Minister for Health for these most welcome changes.2023-05-25View Hansard
4.40 pmMr TANTARISupports

Supported the bill as timely legislation to strengthen protections for children from lifelong addiction to smoking products.

This legislation does create a healthier state. It will further strengthen the protection of our children from the dangers of a potential lifelong addiction to substances that damage their health and brings premature death.2023-05-24View Hansard
5.06 pmMr MINNIKINSupports

Supported the bill's intent but expressed scepticism about enforcement based on past experience, hoping the reforms would work this time.

In the past when similar legislation has been introduced I had to wear the effects of it and it did not completely work. I hope it does with this particular bill.2023-05-25View Hansard
4.47 pmMs PUGHSupports

Supported the bill, discussing the importance of social expectations in reducing smoking rates and the effectiveness of smoke-free areas.

I think provisions in the legislation like this really speak to the importance of those social expectations.2023-05-24View Hansard
5.16 pmMr POWERSupports

Endorsed the bill and the state and federal governments' goal of eliminating the danger of smoking.

This House supports the Tobacco and Other Smoking Products Amendment Bill, which continues to take active steps to further reduce smoking and access to smoking, especially for young people.2023-05-25View Hansard
6.14 pmMr CRANDONSupports

Raised concerns about the proliferation of tobacconists selling vaping products to youth in his electorate, supporting action against illicit tobacco and vaping sales.

Let's not fool ourselves: they are not selling enough cigarettes to justify that number of tobacconists; they are selling vaping products and they are selling them to our youth in greater and greater numbers.2023-05-24View Hansard
4.01 pmMs GRACESupports

As Minister for Education, spoke about the vaping crisis in schools and commended the bill as a first step in addressing these challenges.

We need to do more than just rely on schools to solve a community problem. I commend this bill to the House because it is a first step in the right direction.2023-05-25View Hansard
6.27 pmMr LANGBROEKSupports

As part of the constructive opposition, supported the bill's intent to eliminate smoking while calling for a comprehensive approach including targeted strategies and cessation services for disadvantaged communities.

If the end game is eliminating smoking in Queensland, addressing health inequities requires a comprehensive approach that involves implementing targeted tobacco control strategies.2023-05-24View Hansard
6.36 pmMrs GILBERTSupports

Supported the bill, focusing on the new penalties for sale and storage of illicit tobacco products and police powers to seize them.

New penalties for the sale and storage of illicit products will be enacted through this bill. The police will also have powers to seize illicit products.2023-05-24View Hansard
6.44 pmMr SMITHSupports

Supported the bill as positive legislation that looks after the health and wellbeing of young people.

We are putting forward good, positive legislation that looks after the health and wellbeing of young people.2023-05-24View Hansard
6.54 pmMrs FRECKLINGTONMixed

Criticised the government's health system management, using the bill debate to raise concerns about health service delivery in regional Queensland.

It clearly shows a government that has lost its way and is out of touch with what regional school kids face.2023-05-24View Hansard
In Detail25 May 2023View Hansard
Government amendmentPassed

Government amendment No. 1 to clause 40 inserting the word 'the' before 'contravention' - a minor drafting correction.

Moved by Ms FENTIMAN
Government amendmentPassed

Government amendment No. 2 to clause 47 inserting a maximum penalty of 20 penalty units for the offence of smoking at or near an under-age sporting event.

Moved by Ms FENTIMAN
Amendment

That the amendment be agreed to

Passed47 ayes – 30 noes2023-05-24

The motion passed.

Show individual votes

Ayes (47)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (30)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

That the motion, as amended, be agreed to

Passed47 ayes – 30 noes2023-05-24

The motion passed.

Show individual votes

Ayes (47)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (30)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading25 May 2023View Hansard
Became Act 16 of 20232 June 2023