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Posted by David Sexton
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09 Oct, 2026
NEW legislation governing the tobacco trade is seemingly set to become law after the Senate Legal and Constitutional Affairs Committee recommended its passing without amendment.
On 10 September 2026, the Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill2026 was introduced into the House of Representatives.
A week later it was referred to the Senate committee for inquiry and report by 8 October.
Partner with trade law firm Rigby Cooke and IFCBAA director Andrew Hudson said the committee had noted concerns raised by some submitters, particularly those from industries which will be impacted by the changes in the bill.
“These submissions raised concerns about people leaving the sector due to high levels of regulation and increasing costs, as well as concerns about their own possible liability under the proposed legislative change,” Mr Hudson said.
“The committee urges the Department of Home Affairs and Australian Border Force to work with these stakeholders to educate them about the changes in the bill, as well as provide guidance materials, to prepare industry adequately for these changes.
“So, we now look forward to the education and guidance as well as a date for commencement of the bill.”
Submissions were made from the following parties:
• Quit
• Australian Council on Smoking and Health
• International Forwarders and Customs Brokers Association of Australia (IFCBAA)
• Freight & Trade Alliance (FTA)
• Public Health Association of Australia
• Mr Michael Sanderson
• Department of Home Affairs
• Australian Border Force
• Susan Danks Tariff Consulting Pty Ltd
• Cancer Council Australia
As previously reported, the issue been a political hot potato, with the federal opposition having claimed that the existing legislative and regulatory arrangements were not working and that improved outcomes would be served by eliminating the restrictive regime on tobacco imports and reducing import duties.
In its statement, the Freight and Trade Alliance acknowledged the “significant challenges posed by organised criminal activity and the illicit tobacco trade and recognises the importance of effective enforcement measures designed to protect the integrity of Australia's border and revenue systems”.
“Industry has a clear interest in ensuring that legitimate trade is not undermined by criminal networks,” the FTA stated.
