Senate debates

Thursday, 16 August 2018

Bills

Treasury Laws Amendment (Illicit Tobacco Offences) Bill 2018; Second Reading

1:13 pm

Photo of David LeyonhjelmDavid Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I am often accused of being influenced by the donations the Liberal Democrats have received from big tobacco—proudly, openly, unashamedly accepted donations. Smoking is legal and voluntary—and, I might add, its rate in Australia is not falling. Plain packaging and high taxes notwithstanding, its rate in Australia is not falling. And the reason for that is that neither Labor nor the Liberals are serious about reducing smoking. Instead, they posture about donations. If they were serious about reducing smoking, they would legalise vaping tomorrow.

Notwithstanding my support for choice in relation to tobacco smoking, and my party's acceptance of donations from tobacco companies, I am today opposing a bill that big tobacco loves. The bill is the Treasury Laws Amendment (Illicit Tobacco Offences) Bill 2018. This bill makes it easier to prosecute someone for possessing tobacco that hasn't been taxed, and it massively increases the penalties, including by imposing up to five years imprisonment, for tobacco smuggling. The tobacco companies like this bill because it doesn't relate to their tobacco. Their tobacco is taxed to the hilt and the tobacco companies have no affection for tobacco smugglers. But I do, and so do the Liberal Democrats. Tobacco is a legal product, so smuggling tobacco is not about putting a product on the market that shouldn't be available. Smuggling tobacco is, instead, about avoiding tax, and tax should be avoided when it is unconscionably high. Tobacco tax represents about three-quarters of the price. This is highway robbery. The only way the government gets away with it is that there is little public sympathy for smokers. Smokers are sneered at by the elites of our society. The Liberal Democrats don't sneer at smokers, and we think tobacco smugglers are patriots. I oppose this bill.

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