ACT criticised for considering 'human rights' in illegal tobacco trade

In short:

Earlier this week, the ACT health minister said the government would consider human rights if it decided to shut down illicit tobacco shops.

Federal Assistant Customs Minister Julian Hill said the territory could become a "national joke" if it did not speed up the introduction of laws to shutter outlets selling illegal tobacco.

What's next?

In a back-pedal, the territory government today announced it would introduce legislation that included closure orders.

The war on illicit tobacco has generated a war of words in the nation's capital.

The saga began earlier this week when the ACT health minister said the territory government had not yet committed to laws to close illegal tobacco retailers in part because of "human rights" considerations.

The Australian Council on Smoking and Health (ACOSS) said the ACT was the second worst jurisdiction in the country for tackling the illegal tobacco market, beating out only the Northern Territory.

ACOSS CEO Laura Hunter said the territories need "to urgently lift their response".

"Australians should not be less protected from illicit tobacco simply because they live in a territory," Ms Hunter said.

Queensland was the country's most effective state or territory at tackling the trade "thanks to its nation-leading enforcement capability and strong operational results," according to ACOSS.

'Human rights' considered by ACT government

On Wednesday, the ACT Health Minister Marisa Paterson said the government had not yet committed to laws that would shut down illegal vape and cigarette shops, because it needed to consider the human rights implications and whether the laws would be effective.

"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," she told 666 ABC Canberra.

"We are a human rights jurisdiction, so we will take that into consideration ... in the development of all our legislation."

Two days after her interview on ABC Radio, the government announced it would develop legislation that included closure orders, strengthened seizure powers and criminal penalties for shops that sold illegal products.

'National joke': Federal MP

Prior to the territory government's announcement on Friday, Federal Assistant Customs Minister Julian Hill said human rights should not prevent the ACT government from developing laws to shut down illegal tobacconists.

Mr Hill said the human right to work came with obvious restrictions.

"I don't think anyone would accept there's an unqualified human right to flog illegal stuff trying to get kids hooked on nicotine and vapes [and] funding organised criminals," he said.

"We're at risk of becoming a national joke here in the ACT if the national capital is the last place in the country where every strip-shopping centre and shopping mall has illegal tobacconists."

Illegal tobacco traders 'being put ahead of the health of Canberrans'

Chief executive of the Australian Association of Convenience Stores Theo Foukkare said the health minister's comments were "nuts".

"These criminals don't care about the rights of everyday Aussies," Mr Foukkare said.

"What is happening in Canberra? Since when is stopping a criminal from selling an illegal product an infringement on their human rights?"

He said closure laws in other states had made the ACT, alongside the Northern Territory, "an open playground for criminals".

Territory ministers defend comments

ACT Equality Minister Suzanne Orr defended the territory's human rights framework.

"We are a human rights jurisdiction and we take that very seriously here in the ACT, which does mean we have a little bit more complexity to work through in our legislative reform than other jurisdictions. But we are doing that. We're not falling behind," she said.

Before the government announced it would develop the new laws, ACT Attorney-General Tara Cheyne said the government needed to examine how similar laws have worked in other states, and said the power to close someone's business must be proportionate.

She added that proper checks around who could order a closure, the evidence needed, and how long a business could be closed were all needed.

The ACT passed laws in December that prohibited the sale of illegal tobacco and gave authorised officers greater powers to inspect tobacco retailers' premises, issue fines and seize illegal products.