Jenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) | Link to this | Hansard source

I rise in support of the Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019. We note, however, that the government's failure to pass this legislation before the deadline that it set for itself—1 July 2019—has placed unnecessary operational burdens on the Australian Border Force. This once again highlights the failures of the Minister for Home Affairs to properly support his department and the important work that they do. Despite this, Labor will support the bill, and we commend it to the Senate.

Nick McKim (Tasmania, Australian Greens) | Link to this | Hansard source

I indicate that the Greens will also be supporting the Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) | Link to this | Hansard source

I would like to thank senators for their contributions to the debate on the Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019. The government is committed to combating the illicit tobacco trade and other black economy activities that undermine legitimate revenues and endanger our community. For this reason the government introduced a range of complementary measures in the 'Black Economy Package—combating illicit tobacco' as part of the 2018-19 budget. This included the measure that commenced on 1 July 2019 to make most tobacco products prohibited imports. These products can now only be imported into Australia with a valid permit, with some limited exceptions such as for international travellers who bring tobacco with them. Tobacco that is detected at the border without a valid permit will be seized.

This bill will amend the Customs Act to empower the Comptroller-General of Customs, who is the Commissioner of the Australian Border Force, to deal with seized tobacco products in an appropriate manner, including immediate destruction of the goods. Similar controls already exist for certain other prohibited imports, including seized psychoactive substances and prohibited serious drug alternatives.

I note that the Senate Legal and Constitutional Affairs Legislation Committee recommended that the Senate pass the bill. It also recommended that the government ensure that, where appropriate, there is an opportunity prior to the destruction of seized illicit tobacco for a relevant party to examine the seized goods or to obtain a sample of the seized goods for potential legal proceedings. The ABF will provide clear guidelines to officers, detailing matters that should be considered before an officer exercises the discretion to destroy illicit tobacco. This will include consideration of the likelihood of future legal proceedings. When tobacco is stored by the ABF for this purpose, examination and sampling will be permitted as appropriate.

These amendments will improve the handling of seized illicit tobacco, allowing for effective regulation of tobacco permit conditions and enabling greater focus on the targeting of illicit tobacco. I commend this bill to the Senate.

Question agreed to.

Bill read a second time.