House debates Bills

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

Thursday, 17 September 2026 House of Representatives

Andrew Hastie

Andrew Hastie Canning, Liberal Party, Shadow Minister for Industry and Sovereign Capability

12:02 pm

In general terms, the coalition will support the parliamentary passage of the Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill 2026. However, we are also strongly opposed to the Albanese government's hapless and ham-fisted overall approach to the illegal tobacco crisis in Australia. That's a matter to which I will return in a few moments.

In short, the coalition will always be prepared to endorse measures that will potentially give our border and law enforcement agencies more effective powers to tackle the scourge of illicit tobacco. There is a very clear public interest in ensuring that the Australian Border Force, the Australian Federal Police and other Commonwealth agencies have the legal tools they actually need to disrupt illicit tobacco supply chains, prosecute those who profit from them and prevent weaknesses in our customs system from being exploited by organised crime.

This bill makes a small set of changes in pursuit of those objectives. It revises offences under the Customs Act 1901 relating to the unlawful importation and subsequent possession, movement, sale and supply of tobacco. It also adjusts the evidentiary framework applying to illegal tobacco offences, including the circumstances that might be relied upon to establish that tobacco is illicit. Those are reasonable reforms.

Additionally, the bill amends the Proceeds of Crime Act 2002 to expand access to relevant documents and strengthen provisions dealing with assets that may otherwise be structured or shielded from confiscation. It also makes changes to the regulatory framework for custom depots and warehouses, including licensing, compliance and oversight arrangements and the fitness and propriety requirements applying to licence holders, associated persons and those with access to customs controlled premises and goods. Again, those are worthwhile measures, albeit that some industry stakeholders are already and perfectly justifiably expressing that there is a need for more clarity on what the definition of 'take all reasonable steps' is.

All of us in this parliament should be making it harder for organised criminals to infiltrate—

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