ACT must not let human rights law shield illegal tobacco
Readers could be forgiven for having done a double-take at the news that human rights are a consideration when shutting down illegal tobacco shops.
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But this is the ACT, and a jurisdiction that prides itself on its approach to human rights, and the certain implications need to be taken into account when potentially introducing tougher closure powers to stop shops selling illegal cigarettes.
This, at least, is one of the reasons for Canberra's current ranking as second-last by the Australian Council on Smoking and Health, which said this week that any improvements since its last assessment were mostly due to joint operations with NSW.
"A broad package of legislative and enforcement reforms could deliver significant gains in future rounds, starting with rapid closure powers and penalties for landlords," the council said.
But ACT Health Minister Marisa Paterson said on radio that the human rights considerations would need to be worked through in the process of introducing such laws.
Dr Paterson did concede though that the balance on human rights-compliant laws should not favour those selling illegal tobacco.
But the fact that human rights are even part of the discourse around the sale of illegal tobacco in Canberra and beyond is perhaps cause for concern.
Queensland, for example, another state with its own Human Rights Act, introduced rapid closure powers to target shops selling illegal tobacco late last year,........
