❓ Mr. Cook questions the Minister for Health on the lack of prosecutions for retailers selling cigarettes to minors, despite a compliance audit revealing high rates of illegal sales. The Minister acknowledges the issue but expresses discomfort with sting operations, hindering prosecution efforts.
AnsweredQoN 157Legislative Assembly
QuestionView source ↗
CIGARETTE RETAILERS — SALE TO MINORS —
PROSECUTIONS
157. Mr R.H. COOK to the Minister for Health:
I refer to the Department of Health media release dated 4 March that
outlines the results of a compliance audit into whether retailers were
conforming with the Tobacco Products Control Act 2006 by refusing to sell
cigarettes to minors. According to the media release, of 1 002 attempts to buy cigarettes,
the minors used by the department were successful in 20 per cent of their
attempts to purchase cigarettes. Given that 39 per cent of the 562 stores in
the undercover sting sold cigarettes to minors, has the department commenced
action to prosecute any of the retailers for breaking the law; and, if not, why
not? What is the point of talking tough on selling tobacco to kids if the
government does not intend to do anything about those caught in the act of
flagrantly breaking the law?
PROSECUTIONS
157. Mr R.H. COOK to the Minister for Health:
I refer to the Department of Health media release dated 4 March that
outlines the results of a compliance audit into whether retailers were
conforming with the Tobacco Products Control Act 2006 by refusing to sell
cigarettes to minors. According to the media release, of 1 002 attempts to buy cigarettes,
the minors used by the department were successful in 20 per cent of their
attempts to purchase cigarettes. Given that 39 per cent of the 562 stores in
the undercover sting sold cigarettes to minors, has the department commenced
action to prosecute any of the retailers for breaking the law; and, if not, why
not? What is the point of talking tough on selling tobacco to kids if the
government does not intend to do anything about those caught in the act of
flagrantly breaking the law?
AnswerView source ↗
It is a very good
question. I have to say that I do not take a great deal of comfort in what we
do and how we do it. I am very much against shops selling cigarettes to minors.
I have a couple of kids who smoke, and I am fairly certain that there were
shops in the region where I live who sold cigarettes to them when they were not
the appropriate age. We know that happens. We know that what they are doing is
illegal. We put strong messages in place to say that to them.
The other side of the
question is: what are we to do about the sting operation that was conducted?
Sending young people who are under age to buy cigarettes has been criticised by
a lot of people as entrapment. I have discussed this issue at length, and in
that discussion both sides of the argument have been put to me. On one hand we
want to stop retailers selling cigarettes to minors; on the other hand I am not
happy about setting up stings to catch them. I have an objection to doing that.
However, the advice I am given is that it is not entrapping retailers for the
purpose of prosecution, it is entrapping them to show them that people are out
there checking on them and that work is being done to catch them out when they
do the wrong thing. We are using that opportunity to encourage them to change
their behaviour. Certainly, it creates public awareness of what they are doing
and encourages them to change their behaviour so that they stop doing that. I
would prefer to prosecute retailers because we caught them doing it, rather
than because we entrapped them. It is a very difficult question and I do not
have a great answer as to why we are not doing things. I guess it is because of
my discomfort with entrapping people, while at the same time I am very unhappy
that they are selling cigarettes to minors. I know that is not a great answer,
but that is what I have got.
question. I have to say that I do not take a great deal of comfort in what we
do and how we do it. I am very much against shops selling cigarettes to minors.
I have a couple of kids who smoke, and I am fairly certain that there were
shops in the region where I live who sold cigarettes to them when they were not
the appropriate age. We know that happens. We know that what they are doing is
illegal. We put strong messages in place to say that to them.
The other side of the
question is: what are we to do about the sting operation that was conducted?
Sending young people who are under age to buy cigarettes has been criticised by
a lot of people as entrapment. I have discussed this issue at length, and in
that discussion both sides of the argument have been put to me. On one hand we
want to stop retailers selling cigarettes to minors; on the other hand I am not
happy about setting up stings to catch them. I have an objection to doing that.
However, the advice I am given is that it is not entrapping retailers for the
purpose of prosecution, it is entrapping them to show them that people are out
there checking on them and that work is being done to catch them out when they
do the wrong thing. We are using that opportunity to encourage them to change
their behaviour. Certainly, it creates public awareness of what they are doing
and encourages them to change their behaviour so that they stop doing that. I
would prefer to prosecute retailers because we caught them doing it, rather
than because we entrapped them. It is a very difficult question and I do not
have a great answer as to why we are not doing things. I guess it is because of
my discomfort with entrapping people, while at the same time I am very unhappy
that they are selling cigarettes to minors. I know that is not a great answer,
but that is what I have got.
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