“What this will require on the ground is co-operation between the TGA and state, usually health authorities. They will be conducting operations … It will become very quickly apparent to businesses that continue to flout these laws or mistakenly think we’re not serious about enforcing them that the penalties contained in the laws will be levied against them,” Butler said.
But behind the scenes, state and federal agencies have been locked in a dispute over who can and should take control of enforcement operations and accusations the ban’s implementation has been botched.
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“The TGA’s role is to lead enforcement work on illegal advertising, and to assist the states and territories in relation to wholesale and retail supply, and commercial possession offences,” a TGA spokesperson said.
“The wholesale and retail supply sectors of the supply chain are primarily the jurisdiction of states and territories, who can also apply enforcement powers in their therapeutic goods, poisons and tobacco legislation.”
However, federal authorities must delegate the necessary enforcement powers under the Therapeutic Goods Act to allow state authorities to take action.
A Victorian government spokesperson said it was awaiting further instructions on enforcement procedures.
“We will continue to work with the Commonwealth and other states and territories on implementation of these new reforms.”
Three sources, who cannot be identified speaking about government policy, said the planned crackdown was in disarray after the legislation was passed before any federal or state agency was prepared to implement it.
The legislation was introduced by the Albanese government in March and passed on June 27 – just three days before the ban started after being watered down to gain the support of the Greens in the Senate.
There are also concerns about the safety of TGA and state-based inspectors who could be at potential risk as a result of raiding shops run by, linked to or under the “protection” of powerful organised crime syndicates that have seized control of the illicit tobacco and vaping market over the past two years.
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Police estimate there are more than 1300 tobacco shops in Victoria, with the majority stocking illicit tobacco and vapes.
Hundreds of these are suspected of being under the control or “protection” of organised crime syndicates that have been involved in a brutal turf war marked by more than 70 arson attacks, numerous shootings and at least two murders.
Many of these retailers don’t exist on paper as legitimate businesses – they are just “pop-up” shops with a sign and stockpiles of illicit cigarettes and vapes. These outlets pay $2000 a month to crime gangs to operate and sell products that are smuggled into the country to avoid tax.
The TGA declined to comment on whether it had safety concerns about its staff.
“State and territory health departments conduct activities and are supported by the police as appropriate, including where a potential threat to health officials is identified. TGA operations and officers are also supported in this way as appropriate,” a spokesperson for the agency said.
Victoria Police declined to comment on whether a request had been received from the TGA about providing support to its compliance officers.
A police spokesperson said: “Vaping is predominantly a health issue … Victoria Police aims to address all forms of offending, but prioritises the allocation of its resources toward preventing and responding to crime causing the most harm.
“On occasion, Victoria Police does conduct targeted enforcement activities against businesses illegally selling vapes – particularly those linked to organised crime.”
An underworld source said the shops where blackmarket tobacco and vapes are sold were already adapting to the threat of raids and arson attacks by spacing out deliveries and keeping limited stock on hand.
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“If you take delivery of $100,000 worth of product, you’re responsible for it. If it gets taken in a raid or destroyed in fire – you still pay [the gangs].
“They’ve gotten smarter and broken up the deliveries into smaller lots to protect themselves.”