Tobacco and Other Smoking Products Amendment Bill 2023

Continued her speech from 24 May, reiterating the LNP was not opposing the bill but raising concerns about enforcement of the chop-chop shop provisions and the government's ability to resource compliance, particularly in the West Moreton area.

“One business owner wrote, 'We are discount tobacconists. Cigarettes represent a fair part of our income. We cannot believe that an illegal tobacconists could open up blatantly in Kingaroy affecting other legitimate retailers.'”— 2023-05-25View Hansard

As health minister, introduced the bill for second reading, outlining the licensing scheme, expanded smoke-free places, illicit tobacco enforcement measures, and child protection provisions.

“This bill will ensure that we stay this way, by expanding smoke-free places across the state, enhancing monitoring and enforcement of the retail industry, and supporting efforts to combat the trade in illicit tobacco.”— 2023-05-24View Hansard

Supported the bill as continuing Labor's strong history of curtailing smoking, sharing his personal experience as a reformed smoker and his time as a senator during plain packaging reforms.

“This is a prime example of a strong initiative of a Labor government trying to stop people from taking up and continuing this habit.”— 2023-05-25View Hansard

As shadow health minister, announced the opposition would not oppose the bill but raised significant concerns about enforcement and resourcing, citing Queensland Health staff saying they are overwhelmed and the laws are 'too little, too late, too weak'.

“Fundamentally, this amendment bill is too little, too late, too weak, way too complicated and too slow, and the cost of trying to implement it is way beyond what we have resources for.”— 2023-05-24View Hansard

Stated the LNP would not oppose the bill but called on the government to enforce existing laws, highlighting that illicit tobacco trade is a significant problem in regional border areas and costs an estimated $3.5 billion per annum in foregone taxes.

“I call on the state Labor government to enforce the laws on illicit tobacco sales and provide the resources to the department to follow through with prosecutions.”— 2023-05-25View Hansard

As committee chair, supported the bill and highlighted the committee's three recommendations including passing the bill, streamlining search-and-seizure powers, and enhancing enforcement resources.

“The illicit tobacco industry is having a notable impact on licensed retailers in North Queensland and other parts of the state.”— 2023-05-24View Hansard

Supported the bill, sharing a deeply personal story about her grandmother dying from passive smoking and both parents dying from cancer, and praised the licensing scheme and expanded smoke-free places.

“I have always struggled and will never be able to understand why anyone would willingly choose such a potential death or the many health concerns that come with the habit.”— 2023-05-25View Hansard

As deputy committee chair, stated the LNP would not oppose the bill but shared concerns about enforcement, noting 362 complaints and 125 PINS issued in South-East Queensland with fines previously as low as $143.75.

“Queenslanders need more than just laws on paper; we need these laws to be enforced.”— 2023-05-24View Hansard

Supported the bill's intent but emphasised the need for additional enforcement staff and resources, warning that transferring staff from clinical services would not be acceptable.

“Let me be very clear: 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

Supported the bill, citing concerns from legitimate retailers in his electorate about illegal tobacco targeting teenagers, and endorsed greater consequences for those doing the wrong thing.

“I am proud to send a message to our community that we stand with them in keeping them safe and a message to those who seek to profit from causing harm that we will find them and we will stop them.”— 2023-05-24View Hansard

Supported the bill as delivering on the government's 2020 election commitment, emphasising the fairness aspect for legitimate businesses being undermined by illegal tobacco operators.

“Here we have industry and business specifically asking for regulation to improve safety regulation, to support legal and lawful activities.”— 2023-05-25View Hansard

Acknowledged the bill's objectives but questioned how enforcement would be resourced and suggested the $27.4 billion cost estimate may not account for savings from smokers dying earlier, while also questioning who would police the new requirements.

“From 2001 to 2020 the level of excise duty generated from tobacco sales in Queensland increased from $4.5 billion to around $17 billion in 2020.”— 2023-05-24View Hansard

Welcomed the bill but stressed enforcement is critical, citing businesses in Gatton and Laidley losing $20,000-$30,000 per week to chop-chop shops, and praised a local detective for using Criminal Code charges against illicit tobacco sellers.

“To see the lack of enforcement action on clearly unlawful activity—to see that unlawful activity continuing unabated—and to see genuine businesses who have the protection of the law and the system that is in place undermined, it is a really difficult setting for any business to be in.”— 2023-05-25View Hansard

Supported the bill, sharing personal stories of family members who died from smoking-related diseases and emphasising the importance of the licensing scheme and expanded smoke-free places.

“The only thing we should be putting in our lungs is air.”— 2023-05-24View Hansard

As education minister, supported the bill and forcefully rebutted claims that schools cannot suspend students for vaping, clarifying that suspension decisions rest with schools but should not be the first response where other approaches are available.

“Let me be crystal clear again: it is not true that students who smoke or vape or smoke e-cigarettes cannot be suspended.”— 2023-05-25View Hansard

Stated the LNP is not opposing the bill, supported the national parks smoking ban and licensing scheme, but raised serious enforcement concerns citing Dr Donohue's testimony that the laws are 'too little too late, too weak'.

“He essentially summed this up by saying that these laws are too little too late, too weak and too slow and he highlighted how under the current laws there has not been a single successful prosecution in North Queensland.”— 2023-05-24View Hansard

Applauded the bill's intent particularly around illicit tobacco but raised enforcement concerns, noting two prominent illegal tobacco outlets in his electorate operating despite many complaints to authorities.

“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 an important milestone, highlighting the growth of illegal chop-chop shops and their links to organised crime, and welcoming the licensing scheme and enforcement powers.

“Now in Queensland it is likely that there are more illegal chop-chop shops than legitimate tobacconists and we know that they are doing real harm.”— 2023-05-24View Hansard

Supported the bill, highlighting the licensing scheme as providing Queensland Health with better tools for regulation and enforcement, and noting the growing problem of vaping products targeting school students.

“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

Supported the bill but strongly criticised the government's failure to resource enforcement, citing a small supermarket in Pumicestone losing 45 per cent of trade to illicit tobacco and more illegal than legal tobacconists in Queensland.

“If you are not going to put in place the resources to enforce the legislation, why introduce it in the first place?”— 2023-05-24View Hansard

Supported the bill, acknowledging huge steps taken to reduce smoking rates, and welcomed the offence for parents supplying tobacco to children and the expansion of no-smoking zones.

“One of the main issues that I wanted to discuss, like a lot of members, is the proliferation of illegal tobacco sellers in the community.”— 2023-05-25View Hansard

Supported the bill as delivering stronger enforcement against illicit tobacco and expanding smoke-free areas, noting the reforms establish Queensland Health as the lead enforcement agency with police support.

“Under these reforms, Queensland Health will be established as the lead agency to enforce the measures and crack down on people who sell illicit tobacco.”— 2023-05-24View Hansard

Supported the bill, sharing the story of his father who died from bladder cancer caused by smoking after picking up the habit in the Nashos, and criticised the federal National Party for still accepting tobacco donations.

“When my kids say, 'What happened to Pop Richard?', I just say, 'He died, kids, from smoking.'”— 2023-05-25View Hansard

Acknowledged the bill's good intentions but argued driving up prices does not stop addiction, criticised the government for allowing vaping to run rampant for 10 years, and warned the big winners from the legislation would be big tobacco companies.

“This legislation might have the best intentions, but if the government sunk its teeth into this and really understood how smokers feel and operate and how nicotine affects people they would have identified who the big winners were going to be.”— 2023-05-24View Hansard

As Leader of the Opposition, stated nobody would disagree with the bill but called for better enforcement and criticised the failure to address vaping and e-cigarettes in the legislation.

“Without enforcement the best of intentions will not deliver results for everyday people.”— 2023-05-25View Hansard

Supported the bill, sharing a personal experience of encountering illegal tobacco shops in her electorate, and welcoming the licensing scheme and enforcement provisions including police being made authorised persons.

“I strongly welcome this legislation, which really would have helped in that situation.”— 2023-05-24View Hansard

Drawing on her policing background, supported the bill and the licensing framework as the essential first step for future enforcement, including against vaping products.

“You cannot have monitoring and enforcement without an appropriate licensing structure. That is what the bill does. This is step 1.”— 2023-05-25View Hansard

Supported the bill as continuing Australia's successful 40-year campaign against smoking, sharing that his father died at 60 from throat cancer caused by chain smoking three packets a day.

“I am proud to be part of a government that is acting in this regard.”— 2023-05-24View Hansard

Supported the bill's licensing regime but called for stronger action on vaping, noting vapes contain formaldehyde, arsenic and lead, and described the proliferation of chop-chop shops as 'an admission of failure'.

“People should not think these chop-chop shops are being run by kindergarten teachers; they are being run by bikies and a whole lot of feral ratbag criminals who have been allowed to get away with it for far too long.”— 2023-05-25View Hansard

Acknowledged the bill's intent and noted the committee's recommendations were fair and justified, but raised concerns about enforcement resourcing and the prevalence of tobacco and vaping in Queensland schools.

“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

Supported the bill, acknowledged Dr Jeannette Young's foundational work on smoke-free places, and highlighted that her Youth Advisory Council identified vaping as their No. 1 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 as achieving its policy objectives of establishing a licensing scheme, expanding smoke-free places, and protecting children from smoking and vaping.

“I cannot recommend these amendments strongly enough and ask all members to support this bill before the House.”— 2023-05-24View Hansard

Supported the bill but emphasised the importance of enforcement, drawing on his shopping centre management experience and warning not to legislate what you are not prepared to enforce.

“Do not bring in legislation that you are not prepared to enforce.”— 2023-05-25View Hansard

Supported the bill, sharing her mother's experience quitting smoking and emphasising the importance of social scaffolding and reducing triggers, particularly at licensed venues where vending machines will move behind the bar.

“By putting these provisions in the legislation we are going to give people a real opportunity when it comes to that trigger point when they are consuming alcohol.”— 2023-05-24View Hansard

Supported the bill, criticising the member for Mirani's suggestion that early smoking deaths save taxpayers money, and arguing that government has a moral obligation to reduce smoking beyond simply providing information.

“Over 400,000 Queenslanders smoke daily. One in 10 adults every day continue to hurt themselves and those around them.”— 2023-05-25View Hansard

Supported the bill's amendments but raised strong concerns about the explosion of vaping in schools and the doubling of tobacconists in his electorate, criticising the government for not addressing vaping in the legislation.

“I am making it very clear that I am very concerned about the turn in policy to one of not suspending students for the use of vaping products in our state schools.”— 2023-05-24View Hansard

Supported the bill, expressing concern about the growing trend of e-cigarettes among young people and the aggressive marketing through social media.

“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, highlighting survey results from her electorate showing 90 per cent worried about health risks of vaping and her Youth Advisory Panel identifying vaping as their No. 1 concern.

“Some 42 per cent of them said they were worried about their children vaping; almost 90 per cent of them said they worry about the potential health risks.”— 2023-05-24View Hansard

In reply, addressed enforcement concerns by noting licence fees will fund additional compliance resources, highlighted recent seizures of 270,000 illicit cigarettes and 9,000 vape products, and dismissed claims that more illegal than legal tobacco shops exist.

“The licensing framework established by this bill will ensure that we are able to effectively stamp out illegal operators.”— 2023-05-25View Hansard

As a health professional, supported the bill's intent but raised concerns about enforcement, tabling articles about illicit tobacco outnumbering legal retailers and noting the government has struggled to enforce existing laws.

“There is nothing more frustrating than seeing the law broken and yet it not being enforced.”— 2023-05-24View Hansard

Supported the bill, sharing her personal experience growing up with a father who smoked and the health system costs of his care, and welcoming the licensing scheme and protections for children.

“This bill does not prohibit a person's choice to smoke; it enhances the public's protection from passive smoke.”— 2023-05-24View Hansard

Supported the bill, particularly the licensing of wholesalers and retailers as a 'game changer' protecting honest small businesses from unsavoury no-name tobacconists linked to organised crime.

“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

Stated the LNP was not opposing the bill but raised concerns about enforcement, citing chop-chop shops and vape stores in Kingaroy selling to schoolchildren in uniform, and calling on the government to outline how it will resource enforcement.

“It is alleged that, while some of these stores have been reported and fined, the current laws and fines are simply not a deterrent as income from the sales far outweighs the penalty.”— 2023-05-24View Hansard