Charlton Hart: WA government seems afraid of tobacco legislation details after promising to ‘crush’ trade

If you listen to Premier Roger Cook, the days of the illicit tobacco trade in this state are numbered. With a furrowed brow and a stern “vow,” he has once again promised to “crush” the thugs firebombing our suburbs. After months of furious drafting, the legislation unveiled this week feels less like a sledgehammer and more like a damp squib. The headline numbers are certainly eye-watering. Fines in the millions of dollars for individuals and tens of millions for companies. They’re even threatening to throw offenders behind bars for more than a decade. At Dumas House, Cook and his growing media spin unit would have been licking their lips over the tough talk PR narrative, which promises to delivers laws that are “amongst the toughest in the nation”. But look closer, and the devil—or rather, the complete lack of detail—is in the drafting. The new mega-fines are for possession of a “large commercial quantity” of illicit tobacco. Nowhere in the Government’s announcement is this quantity actually defined. Is it a carton? A boot-load? A shipping container? This definition varies significant between states. In Queensland a commercial quantity of illicit tobacco is a minimum of 50 cigarettes or 50 grams of tobacco. In New South Wales, authorities aren’t fussed unless you have at least 2,500 cigarettes or 2.5 kilos of tobacco sitting in the pantry. Or try South Australia where it’s 5,000 cigarettes or 5 kilos of tobacco. Presumably anything less, is just savvy shopping. While here in the West our current laws don’t even consider possessing a “commercial quantity,” let alone put a number on it. It would be funny, if it wasn’t so embarrassing how far behind the rest of the country we have fallen. Without any clear definition, a lawyer for the “thugs” Mr Cook wants to crush will drive a truck through that loophole before the ink is even dry. It is a glaring omission for a government that claims to have been working on this “complex” legislation for months. Perhaps the most cynical element of this announcement is the “tranche” strategy. We are told that these penalties are just “tranche one,” with licensing reforms pushed back to a “second tranche” later this year. Why the delay? By kicking this can down the road, the Government is essentially telling the black market operators that they have another six months to run riot before the paperwork catches up with them. It is a bureaucratic luxury we cannot afford while shops are burning down. Let’s not forget that Police Commissioner Col Blanch requested these powers months ago. Is it really that hard to copy laws already passed in New South Wales, South Australia and Queensland? Then there is the question of who these “closure orders” actually target. The legislation speaks of shutting down shops. But as we know, much of this trade happens out of the back of utes or in “pop-up” locations. If the law only bites on legitimate, brick-and-mortar stores, the syndicates will simply move their product elsewhere. For a government that promised to “crush” the trade, they seem remarkably afraid of the details. Until we see the fine print, this looks like another case of tough talk and weak action. If there is one thing that the Premier should be commended for, it was the rare glimpse of humility he displayed when fronting the media to announce the new laws on Monday morning. When asked about his future successor and divisions in his party between Amber Jade Sanderson and Rita Saffiotti, who are both thought to be eyeing off the top job, Mr Cook offered this pointed assessment: “Let me be really clear, our focus is not on who’s going to be leader tomorrow. It’s on how we’re providing good Government today.” It’s a nice sentiment. “Good government” is an active verb, and right now, the Western Australia of today is fraying at the edges. We are a state running out of power, where home ownership is a pipe dream, our prisons are overflowing, our health system is failing, and even basic utility services are gasping for air. It’s refreshing to see the Premier appearing to bring his focus back to the world and reality we are all living in.