Chapter 1 - Introduction

[1]        Journals of the Senate, No. 9–11 October 2016, pp. 290–291.

[2]        World Health Organization, Framework Convention on Tobacco Control (Convention), http://apps.who.int/iris/bitstream/10665/42811/1/9241591013.pdf?ua=1 (accessed 13 June 2017).

[3]        Ministerial Council on Drug Strategy, National Drug Strategy, 2010–2015, 25 February 2011, http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/publishing.nsf/Content/DB4076D49F13309FCA257854007BAF30/$File/nds2015.pdf (accessed 13 June 2017).

[4]        Intergovernmental Committee on Drugs, National Tobacco Strategy, 2012–2018 (NTS), 2012, http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/publishing.nsf/Content/D4E3727950BDBAE4CA257AE70003730C/$File/National%20Tobacco%20Strategy%202012-2018.pdf (accessed 13 June 2017).

[5]        Chapter two discusses two additional Commonwealth responsibilities: enforcement efforts to prevent the illegal importation and illegal supply of tobacco (Action 6.3.6, administered by the Department of Immigration and Border Protection and the Department of Health); and commissioning research on alternative nicotine delivery systems (Action 6.7.5, administered by the Department of Health).

[6]        Article 11 of the Convention.

[7]        Also see: World Health Organization, Guidelines for implementation, Article 5.3, Article 8, Articles 9 and 10, Article 11, Article 12, Article 13, Article 14, 2013 edition, p. 63, http://apps.who.int/iris/bitstream/10665/80510/1/9789241505185_eng.pdf?ua=1 (accessed 7 June 2017).

[8]        Department of Health, Submission 16, p. 2.

[9]        Article 13 of the Convention.

[10]      Broadcasting Act 1942 (Cth).

[11]      Smoking and Tobacco Products Advertisements (Prohibition) Act 1989 (Cth).

[12]      Section 18 of the Tobacco Advertising Prohibition Act 1992 (Cth) allows an exemption for sporting or cultural events of international significant that would otherwise result in the event not being held in Australia.

[13]      There are no longer any legally produced or manufactured tobacco products in Australia.

[14]      Australian Taxation Office, Submission 11, p. 7.

[15]      Tobacco Products Control Act 2006 (WA); Tobacco and Other Smoking Products Act 1927 (ACT); Public Health (Tobacco) Act 2008 (NSW); Tobacco Control Act (NT); Tobacco and Other Smoking Products Act 1998 (Qld); Tobacco Products Regulation Act 1997 (SA); Public Health Act 1997 (Tas); Tobacco Act 1987 (Vic). Also see, for example: Department of Health (WA), Submission 4, p. 3.

[16]      Priority Action Areas 6.1 to 6.9 of the NTS.

[17]      M.M. Scollo and M.H. Winstanley, Tobacco in Australia: Facts and issues, Cancer Council Victoria, 2016, chapter 11, http://www.tobaccoinaustralia.org.au/chapter-11-advertising/11-4-state-and-territory-legislation#x11.4.8.2 (accessed 13 June 2017).

Chapter 2 - Key issues

[1]        National Retail Association, Submission 7, p. 1.

[2]        Quoted by Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, p. 14.

[3]        MGA Independent Retailers, Submission 9, p. 2.

[4]        Australian Lottery and Newsagents' Association, Submission 10, p. 2. Also see: National Retail Association, Submission 7, pp. 4–5.

[5]        National Retail Association, Submission 7, p. 3.

[6]        Sands Fourth Estate Pty Ltd, Submission 6, p. 1. Also see: National Retail Association, Submission 7, pp. 3–4.

[7]        National Retail Association, Submission 7, p. 4. Also see: Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, p. 14, who added that customers might also have to change queues part-way through being served at another cash register.

[8]        Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, p. 14. Also see: Cignall Specialist Tobacconist, Submission 14, p. 1.

[9]        Cignall Specialist Tobacconist, Submission 14, p. 1.

[10]      Sands Fourth Estate Pty Ltd, Submission 6, p. 1. Cignall Specialist Tobacconist noted that the incidence of theft has increased as staff search for requested products: Submission 14, p. 1.

[11]      MGA Independent Retailers, Submission 9, p. 5. Also see: Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, pp. 15–16.

[12]      See, for example: National Retail Association, Submission 7, p. 4.

[13]      MGA Independent Retailers, Submission 9, p. 4. The submission estimated additional training and service costs for plain packaging and display ban measures: pp. 5–6.

[14]      Wick and Wire Co, Submission 13, p. 1. Also see: Soulblu, Submission 18, p. 6.

[15]      Australasian Association of Convenience Stores Limited, Submission 1, p. 4.

[16]      Australian Lottery and Newsagents' Association, Submission 10, p. 2; Alliance of Australian Retailers, Submission 15, p. 1.

[17]      Australian Lottery and Newsagents' Association, Submission 10, p. 3. Also see: Australasian Association of Convenience Stores Limited, Submission 1, p. 1; Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 22.

[18]      Ben Kearney, General Manager, Policy, Government and Stakeholder Relations, Australian Lottery and Newsagents' Association, Committee Hansard, 16 May 2016, p. 26.

[19]      CTC Tanilba Bay, Submission 2, p. 1. Also see: MGA Independent Retailers, Submission 9, p. 4; Cristie Bowler, National Operations Manager, Cignall Specialist Tobacconist, Committee Hansard, 16 May 2017, p. 28, who agreed that over-regulation is discouraging long-term participation in the tobacco retail industry.

[20]      Tobacco retail is also important to cashflow: Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, p. 18.

[21]      Australian Lottery and Newsagents' Association, Submission 10, p. 1. Also see: Australasian Association of Convenience Stores Limited, Submission 1, pp. 1 and 8; National Retail Association, Submission 7, p. 5; Alliance of Australian Retailers, Submission 15, p. 1; Andrew Gregson, Head of Corporate and Legal Affairs, Australasia, Imperial Tobacco Australia, Committee Hansard, 16 May 2017, p. 6. Also see: Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, pp. 14–15 (for similar comments in relation to larger retailers).

[22]      Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 19.

[23]      Australasian Association of Convenience Stores Limited, Submission 1, pp. 4 and 8; Imperial Tobacco Australia, Submission 3, p. 4; National Retail Association, Submission 7, p. 5; Australian Lottery and Newsagents' Association, Submission 10, p. 2; Cignall Specialist Tobacconist, Submission 14, p. 2; Alliance of Australian Retailers, Submission 15, p. 2.

[24]      Cristie Bowler, National Operations Manager, Cignall Specialist Tobacconist, Committee Hansard, 16 May 2017, p. 24.

[25]      Imperial Tobacco Australia, Submission 3, p. 5. Also see: MGA Independent Retailers, Submission 9, p. 6.

[26]      Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, p. 16.

[27]      Australasian Association of Convenience Stores Limited, Submission 1, pp. 6–7; MGA Independent Retailers, Submission 9, pp. 3–5 and 7–8; Australian Lottery and Newsagents' Association, Submission 10, p. 2; Alliance of Australian Retailers, Submission 15, p. 2.

[28]      Cignall Specialist Tobacconist, Submission 14, pp. 1–2.

[29]      Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 20. Cignall Specialist Tobacconist noted that expensive security measures are increasingly a condition of insurance: answer to question on notice (received 30 May 2017), p. 1. Also see: Alliance of Australian Retailers, Submission 15, p. 2.

[30]      Jos de Bruin, Chief Executive Officer, MGA Independent Retailers, Committee Hansard, 16 May 2017, p. 16.

[31]      Cristie Bowler, National Operations Manager, Cignall Specialist Tobacconist, Committee Hansard, 16 May 2017, p. 25. Also see: Ben Kearney, General Manager, Policy, Government and Stakeholder Relations, Australian Lottery and Newsagents' Association, Committee Hansard, 16 May 2016, p. 26.

[32]      Action 6.3.6 of the National Tobacco Strategy 2012–2018.

[33]      Sami Hakim, Government and Stakeholder Relations Executive, Imperial Tobacco Australia, Committee Hansard, 16 May 2017, p. 1.

[34]      Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 22.

[35]      Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 22.

[36]      Cristie Bowler, National Operations Manager, Cignall Specialist Tobacconist, Committee Hansard, 16 May 2017, p. 24. Also see: Australasian Association of Convenience Stores Limited, Submission 1, pp. 8–9, which argued that 81 per cent of Australians believe there should be tougher penalties for selling illicit tobacco.

[37]      Andrew Gregson, Head of Corporate and Legal Affairs, Australasia, Imperial Tobacco Australia, Committee Hansard, 16 May 2017, p. 4. Also see: Imperial Tobacco Australia, Submission 3, p. 5; Australian Competition and Consumer Commission, 'British American Tobacco Australia Limited & Ors – Authorisation – A91550', http://registers.accc.gov.au/content/index.phtml/itemId/1198125/fromItemId/278039 (accessed 13 June 2017).

[38]      Australian Competition and Consumer Commission, 'British American Tobacco Australia Limited & Ors – Authorisation – A91550', http://registers.accc.gov.au/content/index.phtml/itemId/1198125/fromItemId/278039/display/acccDecision (accessed 13 June 2017).

[39]      Andrew Gregson, Head of Corporate and Legal Affairs, Australasia, Imperial Tobacco Australia, Committee Hansard, 16 May 2017, p. 4. Also see: p. 5; Imperial Tobacco Australia, Submission 3, pp. 6–8.

[40]      Andrew Gregson, Head of Corporate and Legal Affairs, Australasia, Imperial Tobacco Australia, Committee Hansard, 16 May 2017, p. 5. Mr Gregson noted that any tobacco manufacturer is able to participate in the boycott. Also see: Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 23.

[41]      Budget 2016–17, http://budget.gov.au/2016-17/content/bp1/html/bp1_bs4-02.htm (accessed 13 June 2017).

[42]      Australasian Association of Convenience Stores Limited, Submission 1, p. 3; Imperial Tobacco Australia, Submission 3, pp. 1–2; Alliance of Australian Retailers, Submission 15, p. 1.

[43]      KPMG UK, Illicit tobacco in Australia, 2015 Full Year Report, 15 April 2016, p. 6, https://home.kpmg.com/content/dam/kpmg/pdf/2016/04/australia-illict-tobacco-2015.pdf (accessed 13 June 2017). Also see: Department of Health (WA), Submission 4, p. 3, which stated that the methodological approach has previously been controversial.

[44]      See, for example: Australasian Association of Convenience Stores Limited, Submission 1, pp. 4 and 6–7.

[45]      To claim a refund of customs duty, unsaleable stock must first be re-exported to the point of manufacture. In 2015–2016, Imperial Tobacco Australia re-exported 10 shipping containers at a cost of $50 000 (excluding capital costs) to claim $15.8 million drawback: Submission 3, p. 3.

[46]      This measure allowed for imported tobacco products to be destroyed in Australia on the implementation of plain packaging. However, it was an interim measure only that expired on 30 April 2013. Also see:  Imperial Tobacco Australia, answer to question on notice (received 30 May 2017), p. 2.

[47]      Imperial Tobacco Australia, Submission 3, p. 9.

[48]      Andrew Gregson, Head of Corporate and Legal Affairs, Australasia, Imperial Tobacco Australia, Committee Hansard, 16 May 2017, p. 2. Also see p. 3, where Mr Gregson reflects on the current rationale for having two drawback processes (one for local and one for imported tobacco products).

[49]      Australian Lottery and Newsagents' Association, Submission 10, p. 3; Cignall Specialist Tobacconist, Submission 14, p. 2; Alliance of Australian Retailers, Submission 15, p. 2.

[50]      H. Douglas, W. Hall and C. Gartner, 'E-cigarettes and the law in Australia', Australian Family Physician, Volume 44 No. 6, 2015, http://www.racgp.org.au/afp/2015/june/e-cigarettes-and-the-law-in-australia/ (accessed 13 June 2017).

[51]      Philip Morris Limited, Submission 17, p. 2. Also see: Australasian Association of Convenience Stores Limited, Submission 1, p. 2; Wick and Wire Co, Submission 13, p. 3.

[52]      Professor Sinclair Davidson, Submission 5, p. 7.

[53]      Australian Lottery and Newsagents' Association, Submission 10, p. 3. Also see: Alliance of Australian Retailers Pty Ltd, Submission 15, p. 2; Philip Morris Limited, Submission 17, p. 3.

[54]      Article 1 of the World Health Organization Framework Convention on Tobacco Control broadly defines 'tobacco control'  as a range of supply, demand and harm reduction strategies that aim to improve the health of a population by eliminating or reducing their consumption of tobacco products and exposure to tobacco smoke.

[55]      Philip Morris Limited, Submission 17, p. 2.

[56]      Mark Powell, Manager, Public Policy, Philip Morris Limited, Committee Hansard, 16 May 2017, p. 8. Also see: Stuart Singleton, Business Owner, Wick and Wire Co, Committee Hansard, 16 May 2017, p. 10.

[57]      Therapeutic Goods Administration, 'Liquid nicotine and personal importation for use in electronic cigarettes', https://www.tga.gov.au/behind-news/liquid-nicotine-and-personal-importation-use-electronic-cigarettes#.U7o-O8hiuDQ (accessed 13 June 2017).

[58]      Mark Powell, Manager, Public Policy, Philip Morris Limited, Committee Hansard, 16 May 2017, p. 11.

[59]      Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, pp. 19–20; Australian Lottery and Newsagents' Association, Submission 10, p. 3; Mark Powell, Manager, Public Policy, Philip Morris Limited, Committee Hansard, 16 May 2017, p. 10; Cristie Bowler, National Operations Manager, Cignall Specialist Tobacconist, Committee Hansard, 16 May 2017, p. 24.

[60]      Jeff Rogut, Chief Executive Officer, Australasian Association of Convenience Stores Limited, Committee Hansard, 16 May 2017, p. 20.

[61]      Department of Health (WA), Submission 4, p. 1; Department of Health, Submission 16, p. 1.

[62]      K. Bell and G. V. Stimson, International Journal of Drug Policy, 26 (2015) 533-535, p. 533, http://www.ijdp.org/article/S0955-3959(15)00095-X/pdf (accessed 2 June 2017).

[63]      Professor Sinclair Davidson, Submission 5, p. 9.

[64]      Professor Sinclair Davidson, Submission 5, p. 8.

[65]      Mark Powell, Manager, Public Policy, Philip Morris Limited, Committee Hansard, 16 May 2017, pp. 12–13

[66]      Australasian Association of Convenience Stores Limited, Submission 1, p. 1.

[67]      Australasian Association of Convenience Stores Limited, Submission 1, p. 10. The submission advised that a survey of 4000 consumers showed significant support for such a measure: pp. 10 and 12. Also see: Stuart Singleton, Business Owner, Wick and Wire Co, Committee Hansard, 16 May 2017, p. 9.

[68]      Mark Powell, Manager, Public Policy, Philip Morris Limited, Committee Hansard, 16 May 2017, p. 11. Also see: p. 12.

[69]      Philip Buisson, Chief Executive Officer, Soulblu, Committee Hansard, 16 May 2017, p. 29.

[70]      Professor Sinclair Davidson, Submission 5, p. 1.

[71]      Philip Buisson, Chief Executive Officer, Soulblu, Committee Hansard, 16 May 2017, p. 29 (emphasis added).

[72]      Wick and Wire Co, Submission 13, p. 2. Also see: Soulblu, Submission 18, pp. 1–2.

[73]      Parliamentary Joint Committee on Law Enforcement, Inquiry into Illicit Tobacco, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Law_Enforcement/Illicittobacco45 (accessed 13 June 2017).