Human rights law allows crackdown on illegal tobacco shops
A legal expert says human rights law does not block rapid-closure laws for illegal tobacco shops.
The ACT is considering tougher penalties on shops selling illegal tobacco. It worries about human rights implications.
Tess Rooney is a law lecturer at the University of Canberra. She says human rights protections cover fair hearings and presumption of innocence.
They do not cover the right to sell illegal products. Queensland introduced rapid-closure powers and higher fines late last year.
The laws have been linked to an increase in legal tobacco sales of 55 per cent. More smokers are seeking help to quit.
The state prepared a detailed human rights compatibility statement. It showed the restrictions were justified because they protect public health.
The ACT's health minister said the government will consider both human rights and evidence before moving ahead. Public health experts say the ACT ranks second last among states and territories on tobacco control.
The state needs rapid-closure powers to disrupt the black market.
- Law lecturer, University of Canberra
- Tess Rooney
- ACT Health Minister
- Marisa Paterson
- 55 per cent
- Queensland legal tobacco sales increase
- Second last among states and territories
- ACT tobacco control ranking
Why it mattersStrong enforcement cuts illegal tobacco supply. This supply funds organised crime. It also protects public health. It does this without breaching human rights if drafted correctly.
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