WA police have warned that teenagers are becoming foot soldiers in the state’s illegal tobacco trade, as the government looks to crack down on the black market with some of the toughest penalties in the country.
The problem has become more acute for authorities in recent months, with police frequently highlighting the problem. Increase in trade-related violenceincluding incendiary bombings and drive-by shootings.
In January, the government appointed senior police officer Steve Post from WA Police to lead efforts to improve enforcement at the WA Department of Health, which is responsible for enforcing tobacco laws.
And while the government has praised recent efforts in this area, including a purported seizure of records earlier this month, its efforts hampered by laws that have not been updated in years.
Following months of calls from opposition parties to emulate reforms in other states, the WA government will tomorrow introduce two key amendments to parliament, including giving authorities the power to close shops for up to 90 days.
“Businesses that supply illegal products will be unable to operate for a period of time. As we have seen in other states, criminal activity decreases significantly when closure orders go into effect,” Health Minister Meredith Hammat said.
The bill also increases the maximum penalty for possessing a commercial quantity of illegal tobacco or e-cigarette products to 15 years in prison and increases fines to $4.2 million for individuals and $21 million for businesses.
Authorities want to slow down the sale of illegal cigarettes and e-cigarettes in stores by organized crime syndicates. (ABC News: Grace Billmas)
Under current rules, fines are capped at $20,000 for individuals and $80,000 for businesses, and there are no crimes that could result in prison time.
Record illegal seizure of cigarettes
“WA Health’s expanded Tobacco and E-Cigarette Compliance Unit continues to investigate and launch raids on premises selling these illegal products, and Western Australian Police, through Task Force Maverick, continue to achieve impressive results against serious organized crime syndicates,” WA Premier Roger Cook said.
WA Premier Roger Cook said “impressive results” had been made in the fight against illicit tobacco. (ABC News: Courtney Withers)
Police Minister Reece Whitby said these included a raid on a Bayswater storage facility earlier this month that resulted in “the largest single seizure of illicit cigarettes in Western Australia’s history”.
Police said they seized more than 3.9 million cigarettes, 3,900 e-cigarettes and 288 kilograms of loose tobacco with an estimated retail value of $4.5 million.
The seizure was the result of an investigation into what police say was a planned attack on a tobacco store in Rockingham.
Three people, including a 15-year-old and a 17-year-old, were charged with conspiracy.
This is at least the second time a teenager has been charged in a case that police say is connected to the illegal tobacco trade.
Asked if teenagers were being targeted, WA Police Detective Senior Sergeant David Knight said criminal gangs would take advantage of “anyone they can find who is stupid enough to get involved”.
“If I could find kids to do it for me, they absolutely would.”
he said.
“But if we need to, we might find another person from a different demographic.”
Mr Knight said these people had been lured with promises of big rewards, but none of the people police had arrested had ever received any money.
He stressed that while “dumb-headed” teenagers had been implicated in some of the attacks, this did not diminish the potential danger.
“The fire has not been properly extinguished, but the entire shopping center fire may be extinguished.” [set alight]I think the resources we’re putting into it are worth it,” Knight said.
Mr Whitby said Western Australia Police and the recently strengthened Western Australian Health Department were already gathering information in anticipation of the new law.
“Superintendent Post and his team will come out of the blocks quickly, leave early and act hard,” he said.
More changes are coming
Further changes, including stricter licensing and allowing shops to close for up to a year, are planned as part of a second round of amendments that the government hopes to submit to parliament by the end of the year.
“We will prioritize updating penalties and ensuring we have the toughest penalties in Australia so we can take strong action to crack down on illegal trade,” Mr Hammat said.
Health Minister Meredith Hammat says the store closure order will significantly reduce criminal activity. (ABC News: Courtney Withers)
However, the planned amendments would not extend to offenses introduced in other states such as Queensland and South Australia. In the state, landlords can be fined if they use their stores to sell illegal cigarettes or e-cigarettes.
“We have been looking at what works in other jurisdictions and how we can replicate and extend it to ensure our laws keep Western Australians safe,” Mr Hammatt said in a statement.
Ask for landlord assistance
The amendments have been welcomed by the Australian Council on Smoking and Health (ACOSH), which has been advocating for changes for many years.
Laura Hunter, CEO of ACOSH, said: “It’s a really smart move to tackle penalties and close retail stores.”
Laura Hunter, CEO of ACOSH, said landlords needed more support to remove illegal tobacco retailers. (ABC News: Courtney Withers)
“It gets to the heart of profit, it gets to the heart of illegal retailers and the organized crime behind them.
”We need to be able to shut down retailers that engage in fraudulent practices, and we need strong and heavy penalties to deter organized crime from getting involved.”
But Mr Hunter said he hoped the government would eventually move ahead of other states in addressing the role played by landowners as well.
“Significant penalties and support for landlords are absolutely necessary to actually force some of these illegal retailers out,” she said.
“And I hope this happens in the second part of the bill.”
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