Posts

Who’s Winning the Tobacco War?

,

Black market tobacco and vaping in Australia is a real problem. I raised concerns that, while seizures have increased by 38%, there’s no clear data showing whether that’s actually making a dent in the total illicit market.

Even the department couldn’t tell me how much illegal tobacco is getting through compared to what’s being stopped. They admitted that assessment is still pending in a report from the Illicit Tobacco and E‑cigarette
Commissioner.

I asked for clarity on illegal vape consumption, noting that import figures alone don’t tell the story, especially when some products are being made domestically. Again, the answer was that they don’t know how many illegal vapes are actually being used across the country, only how many have been intercepted at the border.

I raised serious concerns about the criminal activity tied to this black market — violence, intimidation and organised crime. Yet no-one present could provide figures on how many violent incidents are linked to illegal tobacco and vaping. I was told that that information sits with law enforcement agencies, not the commissioner.

On the financial side, I asked how much revenue Australians are losing due to illegal tobacco. While officials highlighted that billions in evasion have been prevented through seizures, they still couldn’t provide a clear figure for total revenue lost. I pointed out that estimates suggest the cost could be as high as $8–9 billion annually, which underscores just how massive this black market has become.

What we’re dealing with here is a large, organised criminal enterprise, often driven from overseas, and that we need proper data on the size of the market and the broader social costs. Without that, we’re flying blind.

Finally, I asked Minister Watt directly on whether its excessively high tobacco taxes are driving ordinary Australians into the illegal market by making legal products unaffordable.

True to form, Minister Watt flatly rejected that connection, yet offered no evidence to support that position. I pointed out to him that this approach risks empowering organised crime while reducing government revenue, placing greater burdens on taxpayers.

Transcript

Senator ROBERTS: Mr Reynolds, a constituent says: ‘If the seizures have increased by 38 per cent, what has been the proportion of the total growth in the illicit tobacco market? Has it grown by more than 38 per cent? How do we know that?’ Compliments to you for the seizure, but how do we know if that has had a big impact?

Mr Reynolds: It’s a reasonable assessment that there has been an increase in the amount of illicit tobacco coming into the country. But I’m not in a position to tell you what the delta is. The amount that we get on the
border to the amount that is coming into the country is not a figure that I have for you.

Senator ROBERTS: You don’t have it?

Mr Reynolds: What I’d offer is this: the Illicit Tobacco and E-cigarette Commissioner is working through an assessment of what that delta is, and that will be provided in a report to the government.

Senator ROBERTS: Commissioner, when do we expect that report?

Ms Foster: The commissioner gave evidence earlier that she was just finalising the report at that moment.

Senator ROBERTS: So we should see that soon? Will that report contain an assessment or an estimate of the total illicit tobacco market size?

Ms Shuhyta: It will.

Senator ROBERTS: Thank you. That’s good. How many illegal vapes were consumed in Australia in the last 12 months? I say ‘consumed’ because I understand some are being made here. Importation figures are less relevant than they are for tobacco; is that correct?

Mr Reynolds: I can tell you we allowed 1.2 million legal vapes into Australia and we intercepted six million illegal vapes on the border coming into the country. But I’m not in a position to tell you how many illegal vapes were consumed in Australia during the financial year.

Senator ROBERTS: Thank you. How many acts of violence were committed in Australia that were directly related to illegal tobacco and vapes? I’m talking about murders, fire bombings, assaults and similar acts or threats of violence. We know from tobacconists that they’ve been threatened. Some have been shut down.

Mr Reynolds: I think that’s really a question for, potentially, the Australian Federal Police—or the Australian Criminal Intelligence Commission may have an answer to that question for you.

Senator ROBERTS: Is there someone from the AFP who could answer that—or perhaps the commissioner could.

Ms Foster: The AFP is appearing later this evening.

Senator ROBERTS: Thank you. Does the commissioner have any idea of that? You’re in charge of coordinating stopping this.

Ms Shuhyta: I don’t have the exact numbers in front of me, no.

Senator ROBERTS: Are you able to get them on notice?

Ms Shuhyta: I will do my best to work with law enforcement.

Ms Foster: I think the question is best directed to the law enforcement agencies rather than the ITEC commissioner. They will be here later.

Senator ROBERTS: Isn’t the ITEC commissioner overseeing and coordinating everything?

Ms Foster: She’s coordinating the response, but, where there is a specific function like law enforcement, those questions are best directed to the specific agency.

Senator ROBERTS: Commissioner, how much government revenue has illegal tobacco taken out of the budget?

Mr Reynolds: I don’t have that figure. That may be an inclusion in the ITEC commissioner’s report to the government. What I can tell you is that we have prevented $4.4 billion worth of evasion by intercepting 2.5
billion cigarettes and over 400 tonnes of loose tobacco on the border.

Senator ROBERTS: Thank you for that. Those figures and the number of cigarette sticks you’ve intercepted are pretty impressive, but my understanding is that the government has lost about $8 billion or $9 billion a year on excise due to illegal tobacco coming into the country. We need to understand the size of the overall market, because it’s huge. We also have to understand the costs of the crimes being committed. We’ve got criminal gangs working from overseas, as I’m sure you’re aware, who are taking over tobacco trade in this country.

Mr Reynolds: Indeed. The ITEC commissioner has already given evidence that that report will be provided to government; that’s yet to be forthcoming.

Senator ROBERTS: I must compliment you on your evidence; you’re very direct, which is good. Minister, do you consider the government’s very high tobacco duty is the reason otherwise law-abiding citizens are prepared to buy illegal tobacco for generally a third of the legal price?

Senator Watt: No.

Senator ROBERTS: Any reasons?

Senator Watt: There’s absolutely no evidence to suggest that argument.

Senator ROBERTS: You’re joking?

Senator Watt: No.

Senator ROBERTS: Minister, is this office designed to make it look like you’re doing something to solve a problem your greedy tax grab created—and your predecessor’s?

Senator Watt: No.

Senator ROBERTS: No data, just meetings—empowering organised crime, decreasing revenue that taxpayers have to make up, and you just say ‘no’.

Senator Watt: You asked me a question, and I said ‘no’.

Senator ROBERTS: I’m asking you: are you ignoring the data to just put in meetings, empowering organised crime and decreasing the revenue to the government?

Senator Watt: No.

Senator ROBERTS: Thank you very much.

/0 Comments/by

The Shocking Truth About Australian Crime Rates

,
Are our streets more dangerous than the US?

Australia faces a serious crime problem. Many Australians believe our crime rate is low compared with countries like the United States, yet sadly that myth stems from misunderstanding statistics about how crime is measured.

Media coverage reinforces the myth and the real questions are why that misunderstanding persists and what can be done about it.

Consider a simple example. The Australian Bureau of Statistics reports that only about 19 per cent of rapes and sexual assaults are reported to police, while in the United States about 45 per cent are reported. Obviously, simply comparing reported crimes therefore dramatically understates the extent of the problem in Australia.

Both countries try to address this gap using large-scale surveys that estimate total crime, not just crimes reported to police. The Australian Bureau of Statistics runs such a survey annually. In the United States, the Bureau of Justice Statistics conducts the National Crime Victimisation Survey, which surveys about 240,000 people each year.

When we compare these broader estimates, Australia’s rape and sexual assault rate is roughly three times higher than that of the United States. Australia’s assault rate is about twice as high, and its burglary rate is about 2.5 times higher. Robbery is the only category where the two countries report similar rates.

Whether people report crimes depends a lot on whether people think the criminals will be caught and punished.

Although, key methodological differences still affect these comparisons. Australian data count the proportion of people or households victimised at least once during the year, while US data count the total number of crimes. If someone in Australia is robbed twice in a year, the survey records only one victimisation. In the US, the survey counts two. This difference means the figures still understate how much higher Australia’s crime rates may be.

Image: Pexels

Earlier international comparisons reinforce this pattern. The International Crime Victimisation Survey used consistent definitions and methods across countries. Even in 2000, it found Australia’s violent crime rate (including robbery, sexual incidents, assaults, and threats) was 104 per cent higher than in the United States. Robbery was 150 per cent higher, sexual assaults 167.9 per cent higher, and assaults and threats 72.3 per cent higher.

Australia is clearly safer in one area: homicide.

Latest data show Australia’s homicide rate at about 2 per 100,000 people in 2024, compared with roughly 4 per 100,000 in the United States in 2025. But homicides make up a tiny share of overall violent crime – less than 0.1 per cent in Australia and about 0.3 per cent in the United States – so they do not reflect most people’s risk of victimisation.

In the United States, murders concentrate heavily in very small geographic areas. Just 2 per cent of counties account for about 56 per cent of all murders, and within those counties, roughly two-thirds of killings occur within areas spanning about ten city blocks. Gangs drive most of these murders, and about 90 per cent of offenders already have prior violent criminal records.

In contrast, 52 per cent of counties report zero murders, and another 15 per cent report just one.

Reducing crime is straightforward: policymakers must raise the risks criminals face. Three ways that can be done are to increase arrest and conviction rates, to lengthen prison sentences and to allow victims to defend themselves.

Yet the Australian Bureau of Statistics does not collect data on arrest or conviction rates for specific crime types. This glaring omission prevents direct comparisons with the United States.

Another major difference separates the two countries. In practice, Australians cannot use guns for self-defence. In the United States, in contrast, people use guns defensively far more often – roughly five times more frequently to stop crimes than criminals use guns to commit them.

Those who benefit most from owning guns are often the most vulnerable – people who are physically weaker, such as women and the elderly, and those who face the highest risks of violent crime. In the United States, that risk falls disproportionately on poorer Black residents in high-crime urban areas.

The National Crime Victimisation Survey provides detailed breakdowns that highlight these patterns, unlike the more limited data from the Australian Bureau of Statistics. In most cases, a man commits the crime, and when a man attacks a woman, the strength disparity is typically greater than when a man attacks another man. A firearm can significantly offset that imbalance and increase a woman’s ability to defend herself.

Additionally, research shows that women who respond passively face much higher risks. Women who do not resist are about 2.4 times more likely to suffer serious injury than those who defend themselves with a gun.

The issue goes beyond guns. Outside of Western Australia, Australian law prohibits people from carrying pepper spray or mace for protection. It also bars individuals from carrying knives for self-defence – and in any case, knives offer limited help to women, since using one requires close contact, where a male attacker can more easily overpower them.

Australians cannot address crime effectively if they underestimate its scale or ignore how measurement differences distort comparisons. Policymakers should focus on raising the risks to criminals – through higher arrest and conviction rates – and on giving law-abiding citizens more ability to protect themselves.

Until Australia confronts these realities, it will continue to misdiagnose the problem and fall short on solutions. Australian lives will continue to be endangered more so than in the USA.

Australian and American data point to the solution needed to reduce Australian crime rates and improve Australians’ safety.

Dr. John R. Lott, Jr. is an economist and a world-recognised expert on crime. He is president of the Crime Prevention Research Center in the United States. During the Trump administration, he served as the Senior Advisor for Research and Statistics in the Office of Justice Programs and then the Office of Legal Policy in the US Department of Justice. Lott has held research or teaching positions at various academic institutions, including the University of Chicago, Yale University, the Wharton School of the University of Pennsylvania, Stanford University, UCLA, and Rice University. He was the chief economist at the United States Sentencing Commission during 1988-1989. He holds a Ph.D. in economics from UCLA.

/0 Comments/by

Gold Rush on Black Market Tobacco

,
How government greed turned citizens into criminals …

As a government, if you wish to stop a destructive public behaviour – you punish it. This can be through fines, incarceration, or economic coercion (taxes).

If you want to turn a public behaviour into a permanent cash-cow that props up the Budget – you tax it carefully.

Somehow, uniparty greed has found a way to implement a ‘worst of both worlds’ policy surrounding tobacco and nicotine products which has turned smoking into a criminal underworld gold mine.

Between 2010 and 2026, tobacco excise has increased in the order of 490% and returned half the revenue in real terms. People didn’t quit. If anything, there is evidence of Australia’s 30-year trend of decreasing smoking being reversed.

After reaching its lowest level with Millennials, smoking has become ‘cool’ again for Gen Z and Gen Alpha. Excessive taxation has destroyed all the good public health work done in this field.

Economically, this is not only a concern for the estimated $11 billion lost excise tax for tobacco.

It also involves the loss of general revenue associated with the full cost of tobacco which previously paid wages, kept stores open, and was re-invested in local communities.

Tens of billions is now being given to the black market where it funds violent crime. This tears apart Australian suburbs and has a follow-on health and economic impact that lowers the quality of life for everyone, not only those directly involved in illegal tobacco. Everything from personal safety to house prices are being affected.

Police have warned that this money, often funneled into crypto, has also been used to expand drug trafficking, firearms offences, worker exploitations, and property damage through activities such as coordinated firebombing.

Worse, if that is possible, the quality and safety of illegal tobacco and vapes is a matter of acute concern. Australians are now exposed to a considerably more dangerous product that was once strictly regulated for safety. And it’s dirt cheap. We are hearing reports of those who gave up smoking previously falling back into the habit because it’s only $10… As for kids, how likely is it that illegal traders are checking them for ID?

Every single feature of the system has been undermined.

It’s clear to me that public health, citizen choice, and the Treasury are in conflict.

And yet they should share the goal of a profitable, legal, regulated industry.

Our current incoherent approach to nicotine products is often referred to as ‘thoroughly broken’ by those trying to petition the government to act.

As Professor Ron Borland said, ‘We are worse off in every conceivable way.’

Tobacco isn’t quite Australia’s re-run of American Prohibition. However, it does share similarities. As with Prohibition, the first question we have to answer is: Should smoking tobacco (and other nicotine products) be legal?

Like alcohol, if the answer is ‘yes’, then any civil penalty or pseudo ban (vaping doctor certificates), should be discontinued.

The second question is: Do we consider smoking tobacco a health risk that costs the state money and which the state actively seeks to discontinue in the long-term?

If ‘yes’ – and this is what we were told for decades through school programs and public advertising campaigns – then the government cannot expect to use taxation on tobacco as a permanent feature in their Budget spreadsheet.

As Clive Bates said, ‘If you push it too hard – the taxes are too regressive, too brutal – then people will defect from the system and they will move to illicit trade and illicit suppliers will come in because there are enormous economic gains to be made.’

The Treasurer must have a replacement plan for tobacco revenue that does not entail continuously raising excise to the point criminals take over distribution.

Experts have suggested alternatives, such as using public information campaigns and alternate products, to wean society off tobacco long-term rather than smacking Australians with tax hikes on an addiction exasperated by economic stress.

To that point, there may never come a time when tobacco and nicotine products exit public use.

As with alcohol, they require a legally and economically stable environment that protects as many people as possible, dissuades new users, and yet does not create opportunities for crime. The most effective measure so far involved banning smoking from bars, clubs, restaurants, and residential balconies which turned it into a social inconvenience rather than a cost burden.

And here sits the heart of the problem.

Tobacco was a huge part of society until earlier suspicions of health risks were confirmed in the 1960s. Community anger and government complicity in a public health catastrophe created a lot of guilt and revenge.

Those days are almost gone. People who choose to smoke today do so knowing the risks and great lengths have been taken to contain those risks to the individual smoker. And so the conversation becomes one about public health costs similar to obesity. How is it fair, it’s said, that the public pay for the self-inflicted health problems of smokers? The numbers strongly suggest that this was never the case. Revenue on tobacco is widely held to cover the health bill. Until now.

The situation today reveals a growing smoking population with a more dangerous product and decreased revenue that doesn’t cover the cost of health, let alone the huge cost of policing the illicit trade. Economic arguments for the current excise level do not hold up to reality.

Scroll through the crime releases…

Permanent surveillance and enforcement on hundreds of tobacco shops. Thousands of online ad takedown orders. Monitoring nation-wide criminal distribution networks. Raiding shipping deliveries. Prosecuting and incarcerating those responsible. Storing and destroying the product. It’s an open-ended revenue drain. And then you have to include illegal vapes, of which the market is in the billions.

If you’re wondering how much policing this costs, the answer is, ‘we don’t know’. No full-cost figure is published. It’s estimated in the hundreds of millions just for policing itself at a state and federal level, while the government admits to investing approximately $350 million specifically for the ‘fight against illicit tobacco and vapes’.

Whatever the number is, it came out of your pocket.

The Australian Federal Police reported that 2.66 billion illegal cigarettes, 510 tonnes of loose-leaf tobacco, and 7.5 million vapes have been seized since 2016. Operation PRINTWALL saw the Australian Border Force intercept 998.5 tonnes of tobacco.

Just this year 20 million illegal vapes worth $1 billion were seized by the Australian Border Force since 2024. The Therapeutic Goods Administration removed another 2.2 million valued at $110.5 million in the same period. They also reported a 300-fold increase in requests to remove online ads for illegal vaping products.

These are not victories so much as temperature readings offering a glimpse at a thriving market.

We must sit down and soberly confront the truth.

Government informs the public that tobacco costs the taxpayer money through the healthcare system, and yet it desperately wants Australians to keep buying tobacco and funding the Treasury. When vapes entered the market, and people began to organically switch products due to health, convenience, and cost – government all-but banned the product. A cynic may say this had little to do with health and a lot to do with an absence of lucrative excise tax. The Treasury saw tobacco revenue evaporating and instead of taking the public health victory – they panicked. This raises serious questions about the government’s motives and ability to solve the current problem.

As Professor Hall with the National Centre for Youth Substance Use Research said: ‘Australia has attempted to regulate vapes by making them prescription-only products, but it’s very hard to get a prescription because doctors won’t prescribe them and most pharmacies won’t stock them.’

What can be done?

Listening at length to experts in the industry, it seems clear that we require a carefully timed approach.

The legal market must be restored before law enforcement can come down on the black market.

To do this in the wrong order risks wasting money and encouraging citizens to protect a criminal underworld to facilitate their smoking habit. This would entrench the behaviour we’re trying to resolve. As one expert said, in some communities, illegal tobacco sellers have reached a ‘Robin Hood’ status actively supported by locals. A path back to legal markets must be seamless as it would in any competitive business environment.

The suggestions that I have heard from a variety of people from within the industry include:

Setting the tobacco excise at a level that keeps cigarettes competitive against black market alternatives.

Removing the ban on vapes and adding the same location restrictions as smoking.

Considering an excise on vapes to recoup some lost revenue.

Ensuring that the tobacco and vape products on offer include a wide variety to ensure maximum customer return from the black market to legal channel.

And then…

Severe and serious penalties for black market traders and the criminal gangs involved.

Mandatory sentencing to simplify the process of cleaning up crime.

Reporting channels to allow people to alert police to continued criminal activity.

And as I have said publicly in front of the Panel of Harm Reduction Experts at the Legal and Constitutional Affairs References Committee, the solution will not be simple.

The cost of living is very high and will naturally lead otherwise law-abiding citizens toward illicit markets – in general. They don’t want to break the law. Any solution must deal with lifestyle measures right across our economy.

People are suffering and nicotine products are part of their lives.

All measures must be enacted with a least-harm approach to Australians who were pushed toward the black market due to government-enforced economic pressures.

And we absolutely must support the legal businesses who wish to help rebuild the market – this will include protecting these shops and owners from crime gangs. For example, insurers say it has become almost impossible to find cover for tobacconists after arson attacks…

Once the legal and government approach is fixed – the criminal infrastructure will have to be dismantled – rapidly – or it will adopt a new product such as alcohol – which is experiencing an almost identical problem.

Make no mistake, excessive alcohol excise has already started to push people toward extremely dangerous black market product. This is even more concerning than illegal tobacco.

No one can solve a public health problem for a product owned and distributed by the criminal underworld.

So please, help us solve it.

Senator Malcolm Roberts, Brisbane

/0 Comments/by

Culture is No Excuse for Crime

,

Why are courts reducing sentences for child sex offenders based on cultural background? This deeply troubling question was one I raised during Estimates.

I cited a case where a convicted child sex offender had his sentence reduced because the judge believed his cultural upbringing made him think the crime wasn’t seriously wrong. Australians are rightly horrified. I asked whether such reasoning could ever apply to Commonwealth offences. Ms Sharp assured me that while courts consider personal circumstances, the gravity of the offence remains. Still, the fact this even happens is alarming.

— Senate Estimates | October 2025

Transcript

Senator ROBERTS: Turning to another case, I’m alarmed by the recent trend in some states to reduce sentences for heinous crimes because of historical cultural experiences. I’ll get to the federal implications here. One recent state case—this is a state case I’m citing— involved a person from overseas who was convicted of child sexual offences and had his sentence reduced because the trial judge felt that, because of his previous exposure to such activity, it would be unfair for him to be severely punished if he believed what he was doing was not seriously wrong. I think that’s horrified a lot of Australians, and constituents have contacted us. Since when has the law reduced sentences simply because the defendant thought it was okay to commit sexual offences against children?  

Ms Sharp: I’m not sure that that’s how the law operates; you’ve conflated a number of factors. When a sentence is imposed—I am really speaking about the role of courts here, which is outside my direct operation. When courts are determining what sentence to impose, they consider a whole range of factors. Many of those are set out in the Crimes Act, but some are set out by the common law, by the courts as they develop the law of sentencing over time. Those factors include the personal circumstances of both the victim and the offender.  

Senator ROBERTS: A lot of our constituents would be very upset with the decision. They’re telling us they are. They think the judiciary needs to be re-educated, but that’s not for you; I accept that. Can you reassure the Australian public that such a claim would not result in a similar discount if the offence was a Commonwealth one?  

Ms Sharp: Senator, I’m not sure precisely what the claim is. I can say that we make submissions to courts about what we think the appropriate sentence is—what we think are the appropriate factors relevant to sentencing, but those factors do include the personal circumstances of an offender. That’s simply the state of the law, and that’s set out in the provisions of the Crimes Act which deal with how sentences are to be imposed in relation to federal offences.  

Senator ROBERTS: Isn’t it pretty clear cut that molesting a child, sexually abusing a child, sexually assaulting a child, is exactly that? The law would be pretty clear cut on that, wouldn’t it?  

Ms Sharp: Is exactly an offence? Yes, it is an offence.  

Senator ROBERTS: And the sentence would be lessened if the male comes from a country where paedophilia is allowed? 

Ms Sharp: No. Senator, I’m not sure of the particular details of the case about which you’re speaking. At a general level, at a high level, the personal circumstances of an offender are relevant to determining what the appropriate sentence is for every case. It’s not a question of whether that lessens the gravity of the offence. It’s just one of the factors that go into the mix in determining what is the appropriate sentence for a particular matter.  

Senator ROBERTS: I’m at a loss for words. Anyway, thank you very much. 

/by

Illegal Tobacco Market Booming—Despite Millions Spent

,

The Albanese Government has appointed an Illicit Tobacco and e-Cigarette Commissioner to tackle the illegal cigarette market. I asked what impact the $188 million already spent has had, and where the additional $156 million allocated for the next two years will go. I have serious concerns about waste, and the response I received did not provide clarity. These issues will need to be revisited in future Estimates as accounts and outcomes are released.

What’s clear is that there is no baseline for the Commissioner’s operations. I would have thought that the first step should’ve been to determine the size of the market, identify the crimes being committed, and calculate how much revenue the government is losing in duty. Those fundamental questions have not been asked. The Commissioner suggested that seizures was the benchmark of success. I strongly disagree. If the illegal market is booming, then naturally, seizures will increase—this metric does not reflect real progress.

I will continue to push for hard data showing a reduction in the illicit tobacco market as a result of this role. At present, it feels like a mechanism to shift blame without holding anyone accountable. If that proves true, One Nation would abolish this position.

— Senate Estimates | December 2025

Transcript

Senator ROBERTS: Thank you for appearing today. My questions are about the Illicit Tobacco and E-cigarette Commissioner. Is she in?

Ms Foster: Yes. We’ll just get the right officers up to the table for you. It will be a combination of the ITEC Commissioner and the ABF Commissioner.

Senator ROBERTS: I’ll try to be brief. The budget allocated $156.7 million over two years from 2025-26, to expand programs to tackle the illicit tobacco trade. What programs are they, please?

Ms Shuhyta: I think I might defer that to the ABF Commissioner. That money was referred to—sorry. There are two amounts of money. Could you just repeat the budget year that you were referring to?

Senator ROBERTS: ‘$156.7 million over two years from 2025-26 to expand programs to tackle’—

Ms Shuhyta: Yes. I can go through the number of agencies that have that. Sorry, I was thinking about the previous budget year, which went to ABF. Just let me get that list for you. So $49.4 million went to the Australian Federal Police to expand the Criminal Assets Confiscation Taskforce; $7 million went to support the Australian Border Force to utilise emerging technology to screen and detect more illicit tobacco at our borders; $19.9 million went to fund my office, the Illicit Tobacco and E-cigarette Commissioner’s office; $1.4 million went to establish a new international collaboration for regional assessment of criminal network behaviours—that’s where we’ve engaged the UN office of drug control to conduct an Asia-Pacific/Pacific regional threat assessment; $40 million went to support states and territories to establish local-level capability; $31.6 million went to strengthen compliance and enforcement functions under the Public Health (Tobacco and Other Products) Act 2023 and the Therapeutic Goods Act 1989; $4 million went to extend the national tobacco and e-cigarette public health campaign, to target motivations and behaviours of the people who use illicit tobacco; and $3.3 million went to the Commonwealth Director of Public Prosecutions to prosecute contraventions under the public health act and the Therapeutic Goods Act.

Senator ROBERTS: That’s quite a wide net. You were allocated $19.9 million, as you said, of this money, to administer your office. What is that being spent on?

Ms Shuhyta: That’s being spent on the functions that my office was set up to deliver under the Public Health (Tobacco and Other Products) Act. That includes activities that support intergovernmental governance functions, support national strategy development and implementation, support reporting on the size and consequence of the illicit market and support advice on new laws. It is staffing to undertake those functions.

Senator ROBERTS: How many staff do you have—full-time equivalents?

Ms Shuhyta: We are budgeted for 24 full-time equivalents at the moment. We have 12 APS staff and we are undertaking a recruitment process to fill the vacancies, and we have a number of contractors on board to assist with those functions.

Senator ROBERTS: How do the taxpayers know this cost is justified by the outcomes it generates? Have you got KPIs?

Ms Shuhyta: I have reporting obligations under the legislation.

Senator ROBERTS: What are your KPIs under the legislation?

Ms Shuhyta: I have to report on all enforcement actions and consequences undertaken in the last financial year and the size and nature of the illicit markets so we can monitor that year on, year out. It’s also on excise and customs equivalent duties evaded.

Senator ROBERTS: So you can track your effectiveness?

Ms Shuhyta: That should be able to assist us and monitor the intergovernmental activities that are responding to this issue.

Senator ROBERTS: How do you know whether or not you are being effective?

Ms Shuhyta: It’s a good question. My role is to enhance intergovernmental cooperation and coordination to bring the efforts together across states and territories, across portfolios and across multiple points of the supply and demand chain. The value-add that the office brings is to support that force multiplication effect instead of all of the separate agencies working separately.

Senator ROBERTS: I’d make the comment that with the AFP there I would have thought they would be better equipped, knowing their expertise in criminology or countering criminology, to do that. Do you have a
starting point for your own measure of success? How many illegal cigarettes entered Australia in the last 12 months?

Ms Shuhyta: I think the ABF might have that data, in terms of cigarettes that they’ve seized coming into the border.

Mr Reynolds: To give an indication of how much we interdicted on the border, we interdicted 2.5 billion sticks of cigarette during the financial year 2024-25. We also interdicted over 439 tonnes of loose-leaf tobacco,
and we interdicted six million vape devices and accessories during that financial year.

Senator ROBERTS: Those are pretty impressive figures. Do you have any idea from that, extrapolating, how many came into the country?

Mr Reynolds: That is an assessment that will be in a report provided by the ITEC Commissioner to the government.

Senator ROBERTS: Would it be possible to get that number on notice?

Mr Reynolds: That is a matter for the government.

Senator ROBERTS: Minister, would it be possible to get that number on notice?

Senator Watt: Which number was that?

Senator ROBERTS: The AFP man can tell you. It’s the number of cigarettes that would have come into the country illegally extrapolated from the number of captured or known cigarettes.

Senator Watt: I’ll take that on notice, and we’ll do our best to answer that question.

Ms Foster: If I could just revert to your last question to Ms Shuhyta, I think there are two points to make. The AFP has an incredibly important role in this mission, but it’s quite a specific role, consistent with their mandate. Ms Shuhyta’s role is to try and make the whole work as effectively as possible together. She’s got an example of the work she’s doing with police forces across the jurisdictions which will illustrate the kind of value that the office can add.

Mr Reynolds: May I also add that the Australian Federal Police is a member of the national disruption group, and their expertise is being used as a part of that group to break the illicit tobacco business model.

CHAIR: Final question, Senator Roberts.

Senator ROBERTS: In January 2024, Minister Butler announced:

The Albanese Government cracks down on illegal tobacco imports The Albanese Government has committed $188.5 million to crackdown on the importation of illegal tobacco.

It’s been almost two years now. There must be some tangible benefit for the money. Commissioner, what reduction in the importation of illegal tobacco has resulted from this initiative so far? I know of police in
Queensland—I know of good citizens in Queensland—who are now going to the illicit tobacco trade because they see that the excise is so damn high.

Mr Reynolds: I mentioned the metrics before. That’s a 38 per cent increase compared to the previous financial year.

Senator ROBERTS: Is that what you’ve interdicted?

Mr Reynolds: That’s correct. I’ll just provide a very quick vignette from Queensland where, just recently, the Australian Border Force and the Queensland Police Service executed a series of warrants that resulted in one of the largest illicit tobacco and vape seizures in Queensland’s history. The total duty evaded for the combined seizures, of over 30.5 million cigarettes and 5.1 tonnes of tobacco, is estimated to be over $53.8 million with the estimated street value of over 4,000 vapes to be $20.05 million. It was an extremely successful joint operation between the Australian Border Force and the Queensland Police Service.

Senator ROBERTS: With respect, we can only assess whether it’s successful or not by comparing it to the total quantity of cigarettes coming in—tobacco and vapes coming in illegally—and finding their way to the
market. Apparently that is still huge, and it’s causing crime around Australia with tobacconists getting firebombed.

Mr Reynolds: The fact that we’re able to conduct that successful operation—that breaks that particular criminal syndicate. It’s only through breaking the criminal syndicates that we can reduce the scourge of illicit
tobacco in Australia.

Senator ROBERTS: Some people would argue that it’s only cutting the excise back to sensible levels that would break that, because people now find it’s worth going to the criminals to get their tobacco.

/2 Comments/by

No Excuse for Abuse: Protecting Children Must Come First

,

I raised with the Director of Public Prosecutions, Ms Raelene Sharpe, the facts of a recent State case in which the sentencing judge stated that a convicted paedophile received a reduced sentence because the offender came from a culture where sexual offences against children were more tolerated.

I asked what the prosecution’s stance would be if such an offence were to come before a Commonwealth court and was informed that a Commonwealth judge would also take cultural factors into account during sentencing.

I found this deeply concerning, as I believe sexual offences against children are among the most serious crimes. In my view, an offender’s cultural background should not diminish the gravity of such offences.

— Senate Estimates | October 2025

Transcript

Senator ROBERTS: Turning to another case, I’m alarmed by the recent trend in some states to reduce sentences for heinous crimes because of historical cultural experiences. I’ll get to the federal implications here. One recent state case—this is a state case I’m citing— involved a person from overseas who was convicted of child sexual offences and had his sentence reduced because the trial judge felt that, because of his previous exposure to such activity, it would be unfair for him to be severely punished if he believed what he was doing was not seriously wrong. I think that’s horrified a lot of Australians, and constituents have contacted us. Since when has the law reduced sentences simply because the defendant thought it was okay to commit sexual offences against children?  

Ms Sharp: I’m not sure that that’s how the law operates; you’ve conflated a number of factors. When a sentence is imposed—I am really speaking about the role of courts here, which is outside my direct operation. When courts are determining what sentence to impose, they consider a whole range of factors. Many of those are set out in the Crimes Act, but some are set out by the common law, by the courts as they develop the law of sentencing over time. Those factors include the personal circumstances of both the victim and the offender.  

Senator ROBERTS: A lot of our constituents would be very upset with the decision. They’re telling us they are. They think the judiciary needs to be re-educated, but that’s not for you; I accept that. Can you reassure the Australian public that such a claim would not result in a similar discount if the offence was a Commonwealth one?  

Ms Sharp: Senator, I’m not sure precisely what the claim is. I can say that we make submissions to courts about what we think the appropriate sentence is—what we think are the appropriate factors relevant to sentencing, but those factors do include the personal circumstances of an offender. That’s simply the state of the law, and that’s set out in the provisions of the Crimes Act which deal with how sentences are to be imposed in relation to federal offences.  

Senator ROBERTS: Isn’t it pretty clear cut that molesting a child, sexually abusing a child, sexually assaulting a child, is exactly that? The law would be pretty clear cut on that, wouldn’t it?  

Ms Sharp: Is exactly an offence? Yes, it is an offence.  

Senator ROBERTS: And the sentence would be lessened if the male comes from a country where paedophilia is allowed? 

 Ms Sharp: No. Senator, I’m not sure of the particular details of the case about which you’re speaking. At a general level, at a high level, the personal circumstances of an offender are relevant to determining what the appropriate sentence is for every case. It’s not a question of whether that lessens the gravity of the offence. It’s just one of the factors that go into the mix in determining what is the appropriate sentence for a particular matter.  

Senator ROBERTS: I’m at a loss for words. Anyway, thank you very much. 

/by

The Uni-Party’s Immigration Mess

,

The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill is yet another bill to fix yet another Labor-Liberal ‘uniparty’ immigration failure. It aims to fix the fallout from the High Court’s NZYQ decision, which enabled the release of serious criminal non-citizens into the community – murderers, armed robbers, paedophiles and even a contract killer.

This bill authorises deportation to Nauru—at a staggering cost of around $1M per person – and removes legal protections like natural justice for those being deported.

Tens of thousands of Australians marched nationwide to demand safer borders and an end to mass immigration. These protests weren’t about race or religion – they were about numbers, infrastructure strain and public safety. We want people who contribute to Australia’s society and economy, who assimilate into our way of life and help build national unity—not those that wish to divide the country.

Government’s job is simple: protect life, property, and freedom. Stop interfering—just keep Australians safe and free.

This march was just the beginning. It’s time to reclaim Australia.

Transcript

Here’s yet another bill to fix yet another Labor-Liberal ‘uniparty’ immigration failure. Australian lives are endangered as a result. This is one reason, just one of many, why people marched, in their tens of thousands—across Australia, from north to west to south—on Sunday. And then we have the Labor-Greens communist coalition smearing and denigrating everyday Australians for doing so. 

The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 has come about as a result of the poor planning and forethought by the Labor government, and, previously to that, by the coalition when in government, allowing unregulated, unsuitable, dangerous immigrants into Australia without adequate screening as to suitability to enter Australia—murderers, armed robbers, paedophiles and a contract killer. 

The current visa process, which has seen mass immigration into Australia of excessive, unsuitable migrants, is a clear policy failure by the Albanese Labor government. People have failed to be accepted as genuine refugees and been denied protection visas after multiple assessments, and the government has found that there are difficulties in deporting those people. We told them that. The coalition told them that. Many of these criminals have re-offended in the community—again, murderers, armed robbers, paedophiles and a contract killer. 

Around 280 people—the criminals released as a result of the High Court decision in NZYQ—will be deported under these provisions at a rough cost of $1 million per head. That’s how much we’re supposed to be paying to Nauru. The Australian government has entered into a 30-year contract with the government of Nauru to accept deportees from Australia who are not allowed to remain in Australia. How about we don’t bring in these people in the first place and focus on prevention and protection of our country? It’s been speculated that about 1,000 people may be deported to Nauru over 30 years at a cost to Australia in excess of $1 billion. How about we don’t let in these people in the first place? 

This bill is intended to fix this incredibly expensive mistake by the uni-party, which failed the Australian people by allowing criminals, rapists, murders and paedophiles to enter this country. They failed to properly check the criminal histories and cultural suitability of would-be immigrants to Australia. That’s what the people were on the streets about last Sunday, across Australia. 

Australians are entitled to be safe from the activities of those who are criminals, the scum of society, who wish to bring their ideas of hate and acceptance of violence into our mostly safe Australian society. The Greens, whose behaviour and beliefs fall well short of acceptable standards, would welcome these poisonous people into our country. Australians want these criminal non-citizens gone. We demand that all immigrants have in-depth checks done as to their history and suitability to enter Australia. The existing processing system has failed us repeatedly. We have not been kept safe. We’ve been exposed to violent criminals. 

What has the Albanese government done to date? It has lied to us about the number of unfiltered migrants entering Australia, with mass immigration continuing to occur. Last year’s estimates of net immigration were, in reality, exceeded by around 200,000 people. So the forecasted numbers were not only extraordinarily high; they were exceeded by 200,000. In previous years, the excess was 280,000. We have had more than half a million people coming into this country in net migration in years. What has Mr Albanese done? He promised that the next year they would be cut. They were increased. Then he promised again that they would be cut. They were increased. 

The existence of this deportation option now means that, at last, there’s a real prospect of the removal from Australia of those released criminals, and it may allow the government to rearrest and detain those people released into the community after the decision in NZYQ. All this hinges on the contract with Nauru and the passing of legislation contained in this bill. It’s not enough, but it is welcome. I support this bill, which will go further in protecting innocent Australians from the failed immigration policies of the Albanese government and, historically, the coalition. 

I want to go back to the protests to give people a voice in Australia. People are uneasy across Australia with mass immigration—not with migrants, but with mass immigration. The protests are not about religion, skin colour or past nationality. They’re about mass immigration. It’s about the numbers swamping our country, housing and homelessness. There’s record homelessness in my state of Queensland, from Cairns in the north to Coolangatta in the south. In every major provincial city in between there is record homelessness. It’s about swamping the infrastructure, traffic and services like education and hospitals. It’s also about mass immigration because mass immigration doesn’t adequately filter people. So it’s about the quality of people. 

We want people who contribute to our society and our economy, who are productive from the moment their feet hit the shores of this country, not sending PBS drugs home or signing up for welfare. Most importantly of all, for the spirit of the country, the culture of the country, the cohesion of the country and the unity across the country, we want them to assimilate into Australia, not to change Australia but to be changed by Australia. We want people to fit into the country. That’s why we’ve got to stop this multicultural rubbish. Multiculturalism prevents assimilation. It ensures the past culture they’ve come from continues, and then we have a fractured country. I talked yesterday about this. 

Government has three roles. That’s it. They are to protect life, protect property, protect freedom. Stay the hell out of people’s lives but give them a secure environment in which to live and a free environment. We need to restore Australia. Last Sunday was the first step in that. To people across the country, thank you so much for standing up. Thank you so much for reclaiming Australia. We want more. The Australian people need more. 

Debate interrupted. 

/by

Join the Conversation in Gladstone

,

Meet Andrew Jackson, the One Nation Candidate for Gladstone! Join us for a FREE open forum to ask questions, share your thoughts and explore One Nation’s solutions to the key issues facing Queenslanders.

👉 RSVP here: https://qld.onenation.org.au/town-hall-event

Date: Wednesday 16 October 2024 | 5:30 PM – 7:30 PM

Where: Central Lane Hotel (Beer Garden), 35 Yarroon Street, Gladstone

🥣 Planning on dining in? Call the hotel on (07) 4972 2166 and book your meals directly with them.

/by

Event: Dinner Table Conversations in Gympie

,

Enjoy an evening with thought-provoking discussions and delicious food at the Gympie Sports Club.

This is a fantastic opportunity to chat with myself and Katy McCallum, ask questions and share your thoughts!

Join us for this paid event, which includes a delicious 3-course meal! Enjoy a selection of canapés, blini, tartlets, and sushi for starters. For the main course, choose between Beef Wellington or Mango Macadamia Chicken Filo, and finish off with a delightful Mango Macadamia Cheesecake.

Don’t miss out – reserve your spot now: https://qld.onenation.org.au/dinner-conversations-gympie

🗓️ Sunday, 13 October 2024

🕔 Doors open at 5 PM – Meals served at 6 PM

Gympie Sports Club

2 Shields Street

GYMPIE QLD 4600

/by

Politics in the Pub: Tamborine

,

I will be joining Wayne Ziebarth – One Nation for Scenic Rim – for an evening of discussion on issues that matter to you, your family and your community.

This is your chance to ask questions and share your thoughts!

If you plan on dining in, please book directly with the Bearded Dragon Hotel on (07) 5543 6888

Please RSVP here to help us keep track of attendance: https://qld.onenation.org.au/wayne-ziebarth-and-senator-malcolm-roberts

📅    4 October 2024

🕒   6 pm

📌 Bearded Dragon Hotel

      2-22 Tamborine Mountain Road

      TAMBORINE  QLD  4270 

/by