Western Australia's most senior health official has expressed profound frustration and confusion over the apparent lack of decisive action to combat the rampant sale of illicit tobacco, a trade she describes as a direct assault on public health.
Top Doctor Baffled by Enforcement Inertia
In a revealing moment during a recent parliamentary budget estimates hearing, WA Health Director-General Dr Shirley Bowen was left almost speechless when questioned about the ease with which illegal tobacco products are sold. When asked by Liberal MP Dr David Honey why authorities couldn't simply "shut down" the numerous outlets flouting the law, Dr Bowen's response was telling.
"It's a very good question," she stated, pausing before adding, "I don't know why it's not simple." This candid admission highlights a significant gap between public health policy and on-the-ground enforcement against the illicit tobacco market.
The Scale of the Problem and Public Health Crisis
The issue is far from trivial. Dr Bowen emphasised that these illegal sales completely undermine the state's public health objectives. Illicit tobacco is often sold at a fraction of the cost of legal, taxed products, making it more accessible and undoing decades of work to reduce smoking rates through high prices.
More alarmingly, these products operate outside any regulatory safety net. "We don't know what's in them," Dr Bowen warned, pointing out the complete absence of quality control or ingredient disclosure. This poses unknown health risks beyond those of standard tobacco. The trade is also linked to organised crime, with profits funding other illegal activities.
The hearing was informed that while WA Health investigates and issues infringement notices for breaches of tobacco laws—such as sales to minors—the actual shutdown of stores persistently selling illegal tobacco falls under the purview of other agencies, including local governments and the Australian Taxation Office.
A Call for Coordinated Action and Stronger Laws
The discussion revealed systemic cracks in the enforcement framework. Dr Honey argued that the current model, which often results in small fines that are treated as a mere "cost of doing business" by retailers, is ineffective. He advocated for a system where the health department could directly initiate court proceedings to revoke the business licenses of repeat offenders.
Dr Bowen agreed that stronger, more streamlined mechanisms are needed. She confirmed that her department is actively working with the State Revenue Office and other bodies to develop a more cohesive and potent strategy. The goal is to move beyond piecemeal fines to decisive actions that can permanently remove bad actors from the market.
This parliamentary exchange underscores a critical challenge in Australian public health policy: crafting laws is one thing, but empowering authorities to enforce them with tangible consequences is another. The confusion expressed by the state's top health bureaucrat signals an urgent need for clearer mandates, better inter-agency coordination, and tougher penalties to protect Australians from the dual threats of unregulated tobacco and the criminal enterprises that supply it.
