Without Notice

Bill Debate · Second Reading

Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill 2026; Second Reading

House of Representatives · Tuesday 13 October 2026

Continued from Monday 12 October 2026.

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The debate centred on whether the bill’s enhanced enforcement powers were sufficient to combat the illicit tobacco trade or if the root cause was excessive tobacco excise. Independent members and the government supported the bill, arguing for stronger border controls, supply chain integrity, and proceeds-of-crime measures, while also calling for nationally consistent licensing and retail regulation. Coalition members supported the bill but argued that high excise rates drove consumers to the black market, proposing an 80 per cent excise cut and legalisation of certain nicotine products to dismantle criminal business models. The government rejected excise reductions, citing public health risks and the need to maintain pressure on smoking rates, and emphasised that enforcement and asset seizure were the primary tools to disrupt organised crime.

Outcome

The bill was debated at second reading; the transcript does not state the final passage result.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Continued the debate

Scamps supported the bill, noting it created new offences for unlawful importation and possession of tobacco and introduced objective indicators for reasonable suspicion. Scamps highlighted that roughly 80 per cent of the nicotine used in Australia in 2025 originated from illegal sources, with criminal networks making profits ranging from $4.1 billion to $6.9 billion. Scamps argued that reducing tobacco excise was not the solution, citing evidence from Canada where tax cuts failed to eliminate illicit supply and increased smoking rates among young people. Scamps called for a nationally consistent licensing regime, unified enforcement frameworks, and greater resourcing for enforcement bodies to address the entrenched illicit market.

Government response

Hill commended the bill, stating it modernised the offence framework by focusing on unlawful conduct rather than intent, which had been exploited by criminal groups. Hill explained that the legislation closed loopholes regarding duty-refundable tobacco, streamlined seizure processes, and strengthened proceeds-of-crime powers to recover assets from offenders. Hill rejected calls to reduce tobacco excise, arguing that maintaining high prices was critical for public health and reducing smoking prevalence. Hill noted that the government was consulting with industry on supply chain integrity measures and continuing to work with states and territories on enforcement, while dismissing track-and-trace systems as currently lacking sufficient operational benefit to justify their cost.

Opposition response

Pasin supported the bill but argued it did not go far enough, asserting that high excise rates created the economic incentive for organised crime. Pasin proposed an 80 per cent reduction in tobacco excise to remove the profit margin for illicit traders, claiming this would increase government revenue by shifting sales back to the legal market. Pasin highlighted the violence associated with the illicit trade, including arson attacks in his electorate, and argued that enforcement alone was ineffective without dismantling the criminal business model. Pasin also advocated for legalising nicotine pouches and regulating vapes to bring these products into the legitimate economy.

Get updates like this by email