The Minister for Regulatory Reform, the Hon Danny Pearson MP, has requested that the Commissioner for Better Regulation, Anna Cronin undertake an independent review of Victoria’s approach to illicit tobacco regulation. The review will focus on the regulatory system relating to illicit tobacco, rather than enforcement matters.

The Commissioner has been asked to report on:

  1. the current regulatory framework for tobacco in Victoria, with a focus on regulation of illicit tobacco;
    • this includes the licensing, compliance and regulatory powers relevant to sales of all tobacco
  2. the regulatory frameworks applying in other relevant jurisdictions;
  3. recommendations for improvement, having regard to the nature of illicit tobacco sales and the parties involved;
  4. possible pathways to implement these recommendations, including whether new legislation and/or regulation is required;
  5. the costs and benefits of the preferred approach; and
  6. funding considerations including possible sources of funds that may be available to assist regulation of tobacco production and sales.

Please refer to the Review’s Terms of Reference

How to participate

You are invited to provide feedback on Victoria’s current regulatory framework for tobacco and possible regulatory improvements. Feedback is welcome either through your comments on the specific issues in the form below or through a general written submission.

It should be noted that, Australia is a signatory to the World Health Organisation Framework Convention on Tobacco Control. Under Article 5.3 of this Convention, Australia is obliged to act to protect its public health policies with respect to tobacco control from commercial or other vested interests of the tobacco industry. Interactions with the tobacco industry must only occur to the extent strictly necessary to enable effective regulation. Discussion regarding Victorian policy around illicit tobacco would be outside the scope of that permitted under Article 5.3.

To ensure that the Victorian Government meets Australia’s commitment to the Convention, as part of the Commissioner’s review of illicit tobacco, meetings will not be held with representatives of or lobbyists for the tobacco industry or for those working to further the tobacco industry’s interests.

If members from the tobacco industry or those working to further the tobacco industry’s interest choose to provide written feedback, they must disclose their affiliation to, and relationship with the tobacco industry.

It should also be noted that written submissions from those affiliated with the tobacco industry may not be able to be considered or taken into account in forming policy positions in the State of Victoria.

Submissions will close on Friday 11 February 2022, to enable sufficient time for their consideration.

Next steps

As well as using feedback received through written submissions and the consultation form, the Commissioner will also undertake consultations with key stakeholders to inform the review’s findings.

Privacy collection notice

As part of making a submission, we need you to provide personal information: your name and whether you are working in the interests of the tobacco industry. We provide the option of including your name against your submission or not.

You can request anonymity for any publishing of the submission by selecting the relevant tick box above.

We may also collect personal information when you email us with a query. Aside from any exceptions in relevant privacy legislation, we will not use or disclose the information you provide for any purpose other than to progress and respond to your query.

You have the right to access your personal information by lodging a Freedom of Information request via https://www.justice.vic.gov.au/your-rights/freedom... A Freedom of Information request may cost a small fee. For further information, please email foidtf@dtf.vic.gov.au