The high number of ‘illegal tobacco’ and vape shops in Lismore has promoted Labor councillor Jasmine Knight-Smith to pen a motion for the upcoming meeting on October 14 (today).
She says in her motion that with approximately eight in the CBD, she hopes her councillor colleagues will support the motion to express Lismore City Council’s concern with the federal government ‘at the organised crime implications that this presents’.
Her motion requests ‘Council be informed what is proposed at a Federal level concerning compliance and enforcement, given Lismore is not the only area with a concerning number of tobacco and vape shops.
Cr Knight-Smith’s speech to the motion reads: ‘As the closest level of government to the community it is incumbent on us to tell the Feds when our community has a concern which is governed by their legislation and their enforcement. What is happening in our city right now, is a concern’.
‘This is not just a local issue, it is a national crisis. These illegal operations undermine public health, community safety, and the rule of law. And most alarmingly, I believe and the media has reported accordingly, that they are linked to organised crime.
‘Australia’s illegal tobacco trade has grown into an estimated 10 billion-a-year black market, with organised crime groups profiting from excise-evading cigarettes and vapes that now make up half of all nicotine products sold in the country.
Firebombings
‘This trade is not just illegal; it can be deadly. Since March of 2023, there have been 125 firebombing of illegal tobacco and vape stores in Victoria, and dozens more across other states, including here in New South Wales and close to our home and our community, in Ballina, Casino and Tweed Heads. These attacks are not random, it’s been reported they’re part of violent turf war between rival criminal organisations. Just recently, a young man linked to the industry was shot dead in broad daylight in a laneway behind his home.
‘Agree or disagree with smoking, but legitimate businesses are suffering. Petrol stations and actual convenience stores have been robbed, intimidated and lost trade. Retailers are considering exiting the industry, I know of at least one legitimate retailer, previously located in Magellan St, that has exited the industry. I have not spoken the owner but I have been reliably informed it was because he was not willing to sell illegal products and was not able to compete on price with the illegal ones. Stores exiting the industry makes purchasing legal products difficult and expensive.
‘Here in Lismore, we are seeing very troubling signs. The presence of eight vape and tobacco shops in our CBD is deeply concerning. I would suggest these businesses are operating outside the law, selling illegal products that are banned under federal legislation.
‘Let’s clear: it is illegal to sell disposable vapes in Australia, except under strict therapeutic conditions. Reforms of the Therapeutic Goods Act, Public Health (Tobacco and Other Products) Act and Customs Act prohibits the importation, manufacture, supply, and commercial possession of disposable single-use vapes and non-therapeutic vaping products, regardless of nicotine content. These products are illegal, they cannot be sold by tobacconists, convenience stores, or online retailers. Doing so is a breach of federal law and may result in fines of up to $21.9 million- and 7-years gaol. The National framework seems to have so far done little.
‘Despite these laws, enforcement remains patchy. What we are seeing indicates that the criminals are growing richer, more violent, and more brazen.
‘That’s why this motion calls on Council to write to the Federal Minister for Health, the Hon Mark Butler MP, and the Minister for Home Affairs, the Hon Tony Burke MP.
‘As the level of government closest to the community, it’s our responsibility to raise the alarm when we see issues affecting our residents, especially when those issues fall under federal jurisdiction. What we’re seeing in Lismore right now is deeply concerning.
‘This motion is about protecting our community, supporting lawful businesses, and ensuring that Lismore is not a safe haven for illegal trade. I want the Federal Government to take coordinated action, and to work with state and local authorities to ensure enforcement is effective and communities like ours are supported. We need to tell them what is happening’, Cr Knight-Smith concluded.
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