03rd October 2023
Victorian Legislative Council, Melbourne
Rachel Payne,
(Member for South-Eastern Metropolitan Melbourne)

To ask the Minister for Corrections (for the Minister for Police): 

In relation to illicit tobacco in Victoria:

(1)  How many people had been prosecuted for selling illicit tobacco in Victoria as at 3 October 2023.

(2)  Of the people identified in paragraph (1) how many are based in the —

(a)  Western Metropolitan Region; and

(b)  South-Eastern Metropolitan Region.

(3)  How many people, as at 3 October 2023, had been prosecuted for selling illegal vapes in Victoria and how many of these contained nicotine. 

(4)  Of those identified in paragraph (3) how many are based in the —

(a)  Western Metropolitan Region; and

(b)  South-Eastern Metropolitan Region.

(5)  How many people had been charged with smoking in a motor vehicle if a person under 18 is present in Victoria as at 3 October 2023.

(6)  How many people had been charged with vaping or smoking at an underage music event in Victoria as at 3 October 2023.

(7)  How many people had been charged for selling a vape to a minor in Victoria as at 3 October 2023.

(8)  How many people had been charged with selling tobacco to a minor in Victoria as at 3 October 2023.

(9)  How many tobacco retailers had been subject to criminal raids in Victoria as at 3 October 2023.

(10)  What steps is the Government taking to enforce vaping and tobacco regulations and to combat these raids. 

Written Answer
Received: 22 April 2024
Hon. Anthony Carbines
(Minister for Police, Minister for Crime Prevention, Minister for Racing)

Victoria Police have recently established Taskforce Lunar to investigate incidents of alleged extortion and arson against tobacco retailers and possible links with organised crime groups. The Taskforce is working to prevent and disrupt arson attacks against tobacco retailers. Since the establishment of Taskforce Lunar, police have visited over 75 tobacco stores across Victoria in conjunction with Australian Border Force to speak to store owners and staff and will also be conducting reassurance patrols in the areas around affected stores. Other preventative measures underway by Victoria Police include use of CCTV cameras and trailers outside tobacco stores that have been identified as at risk of an arson attack and notifying traders and residents of risks when a specific threat to a tobacco shop has been identified.

In addition, Operation Perseus has been established as an inter-agency taskforce to build intelligence holdings and provide high-level strategic coordination of investigations with the Australian Criminal Intelligence Commission, Australian Border Force, Australian Federal Police, and Corrections Victoria. 

Victoria Police is conducting a significant investigation into a series of incidents in the last seven months linked to organised crime groups involved in the importation and sale of illicit tobacco in Victoria. Over the past 15 months there have been a number of investigations involving seizures of a large number of e-cigarettes and vape products. Since June 2022, six stores across various locations in Melbourne have been subject to search warrants for this activity.

Legislative responsibility for the regulation of the illegal tobacco industry falls to the Commonwealth Government under the Australian Border Force Act 2015. I can assure you however that Victoria Police is committed to limiting the sale of illegal tobacco and has assisted, and will continue to assist, with enforcing and investigating offences relating to illegal tobacco. I can also confirm that over the past 15 months Victoria Police have conducted a number of investigations involving seizures of a large number of e-cigarettes and vape products.

When activities relating to illegal tobacco are detected, the lead enforcement agency and the penalties involved will depend on the circumstances of the offence. This includes whether the tobacco is being illegally imported, grown, sold or consumed.

Additionally, Victoria Police is working with the Department of Health to identify opportunities to combat the recent criminal offending relating to the illicit tobacco market. This includes undertaking a review of interstate legislation to identify Victorian legislative reform opportunities that could be pursued to address the exponential growth in illicit tobacco.

[ENDS]