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Unlicensed E-Cigarette and Tobacco Sales

Published on: October 2024

Record: HANSARD-1323879322-146735

Unlicensed E-Cigarette and Tobacco Sales

Ms FELICITY WILSON (North Shore) (14:07:45):

An issue that increasingly affects communities across New South Wales, including my own community on the North Shore, is the proliferation of illegal vaping and unregulated tobacconist stores. It is not only a matter of public health but also a challenge to law and order, consumer protection and the wellbeing of our local community. Illegal vaping products, often sold in tobacconist stores, are flooding the market and attracting young people and adults alike into a web of nicotine addiction, deceptive advertising and unregulated products.

Over the past few years we have witnessed a worrying trend of unlicensed stores, convenience outlets and even online platforms selling illegal vaping devices and unregulated tobacco products with little or no accountability. That is having a detrimental impact on our local communities and undermines the efforts that have been made to combat smoking and to promote public health over the past few years. I recognise that the Government has made some efforts to address the issue, particularly this week with the Public Health (Tobacco) Amendment Bill 2024. But as I said during my contribution to the debate on that bill, I want to ensure that this Government and this Parliament do a lot more.

One of the key issues that needs to be addressed is the explosion of tobacconist stores that have appeared in our local communities. As I have mentioned previously in this place, and to my colleagues ad nauseam, within 300 metres of my electorate office—which is just across the road from a public school—there are five tobacconist stores. The signage is bright and loud, and most, if not all, are poorly fitted out inside. They boast a limited range of products to purchase. The inference is that they are not legitimate convenience stores for the community but, in fact, could be considered a front for illegal vapes and tobacco products.

Data from NSW Health indicates that approximately 19,500 tobacconist stores are registered across New South Wales, which is an increase of 14,500 compared with just four years ago. That is an absolutely staggering amount. Illegal tobacco and vaping products can be purchased for as little as $13, compared to a regulated commercial product with a minimum value of $40. People I know who smoke say that is more likely to be around $60. Moreover, the proliferation of illegal vape products is often linked to other criminal activities. As we have seen in other States, in particular Victoria and, increasingly in recent weeks, South Australia, many tobacconist stores are involved in the sale of counterfeit goods and even in organised crime. There have even been firebombings in our own communities.

The lack of regulation of those stores makes them a magnet for illicit activity. As we have seen in Victoria, more than 100 tobacconists have been subject to arson attacks as a direct result of gang activity and organised crime. Considering that there are 19,500 tobacconist stores across New South Wales, how many of those are a target for firebombing attacks like in Victoria? The presence of those stores, unregulated vape sales and illegal tobacco has a broader social impact on our communities. As vaping becomes more prevalent, particularly among young people, we are seeing a rise in nicotine addiction. Nicotine addiction can lead to a range of social and economic problems, including decreased productivity, mental health issues and increased burden on our health system. It is also an incredible economic drain on the individuals themselves.

The use of vapes by younger generations is of particular concern. I have talked about the number of tobacconists near my office, which is across the road from a public school and down the road from the major bus interchange where students from across the North Shore electorate change buses. That means that most, if not all, of those students walk past those stores on a regular basis and are exposed to vaping products in some form. I would go so far as to say that many such stores across New South Wales are placed to target young people, particularly students. Data from NSW Health indicates that in 2023, 19 per cent of people aged 16 years and over had used a vape or e‑cigarette at least once and 8.5 per cent currently use vapes and e‑cigarettes, whether daily or occasionally. That is a significant increase from 2020, when 9.7 per cent of people aged 16 years and over had ever used a vape or e-cigarette and only 2.1 per cent of people aged 16 years and over were currently using vapes or e‑cigarettes.

While daily smoking has decreased among adults, with fewer than one in 10 adults smoking daily in 2023, there are concerns from health experts, including the Australian Medical Association, that the increased use of vaping or e‑cigarettes will lead to an increase in cigarette use. We need to look at ways to address the issue. We have increased penalties for the unauthorised supply and possession of vapes. That is an important step, but we need to ensure that we are looking at further changes. I am keen to work with local councils on requiring development applications for tobacconists in the same way that we do for other prescribed premises. There is much more to do, and one of the key things we can do is ensure that there are tougher regulations on tobacconist stores where they can be readily accessed.

Ms CHARISHMA KALIYANDA (Liverpool) (14:12:58):

I reinforce the message of the member for North Shore in expressing concern around the proliferation of stores that sell vapes and vaping equipment, especially around primary schools. A constituent of mine inquired about the opening of a store that sells vapes across the road from Green Valley Public School. I acknowledge the response of the member. It is interesting that there is a degree of outrage about having sex stores and the like close to primary schools, yet there is not the same level of outrage about the easy access to and the sight of vapes so close to primary schools. In my previous career in mental health, and before the new laws came into effect, I remember being shocked at the number of 12- and 13-year‑olds who were standing on the sidelines at sporting games and vaping very openly. It causes concern for the health and wellbeing of those young people. I acknowledge that we must work together to minimise the health impacts on young people.