ACT examines shutting illegal tobacco shops, but human rights come first

The ACT is considering tougher closure powers to stop shops selling illegal cigarettes but needs to first consider the human rights implications and whether they have been effective in other states, the Health Minister says.

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Marisa Paterson would not commit to the laws but said the government was considering the closure powers, which are being championed by the federal government.

Health Minister Marisa Paterson. Picture by Keegan Carroll

"We will work through human rights considerations in the ACT and we will also understand the need for those laws and look at the evidence if those laws have been effective in other jurisdictions. So we're taking all this into consideration at the moment," Dr Paterson told ABC radio.

The Australian Council on Smoking and Health on Wednesday ranked the ACT second last of Australia's states and territories, saying improvements since its last assessment were mostly due to joint operations with NSW.

"A broad package of legislative and enforcement reforms could deliver significant gains in future rounds, starting with rapid closure powers and penalties for landlords," the council said.

Dr Paterson said the ACT was working with the federal government, indicating she agreed the balance on human rights compliant laws should not favour those selling illegal tobacco.

ACT Opposition Leader Mark Parton. Picture by Keegan Carroll

ACT Opposition Leader Mark Parton said the power to rapidly close shops found to be selling illegal tobacco was needed in Canberra.

"You have to understand that we're talking about products which are dangerous to individuals because they're completely unregulated," Mr Parton said.

"But in a lot of instances you're also talking about money that's going directly to organised crime. It's not acceptable for it to continue at the level that it is.

"I note that in one of her responses on ABC radio today, the minister clung to a human rights excuse as to why we haven't moved faster. I'm not sure that anyone's buying that."

Dr Paterson said the government's considerations included human rights and whether the Queensland model had been effective.

"So we're looking at the evidence that's been built from other jurisdictions and we will continue to do that and present another bill to the Assembly," she said.

The federal Assistant Customs Minister, Julian Hill, has praised Queensland for introducing tougher rules to stop the sale of illegal tobacco and said "these ridiculous, sleazy illegal tobacco shops that have sprung up in every state and territory have to be closed".

"You've got to go and shut the shops. It's constitutionally not something the Commonwealth can do. I understand that some state governments are running a line. It's a good media line to avoid their own political responsibilities to shut the shops. We are supporting them in shutting the shops, but we need more urgent action," Mr Hill said in Federal Parliament on August 19.

The Legislative Assembly passed updated tobacco laws in December 2025, which introduced a $1600 on-the-spot fine for individuals selling illegal tobacco and new protections for officers sent to inspect retailers. Corporations face an $8000 fine.

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