Acts of Parliament assented to - Act No. 76 to 80 of 2019

Overview

The Customs Amendment (Immediate Destruction of Illicit Tobacco) Act 2019, assented to on 2 October 2019, addresses the problem of illicit tobacco trade by amending the Customs Act 1901. This legislation was enacted to strengthen the regulation of tobacco products entering Australia, ensuring that illicit tobacco is promptly identified and destroyed, thereby reducing the availability of illegal tobacco products in the marketplace. The enacting body was the Australian Parliament, which aimed to combat the detrimental effects of illicit tobacco trade on public health and revenue. The policy objective is to support the Australian Government's efforts to reduce smoking rates and minimise the harm caused by the illegal tobacco industry. The National Health Amendment (Pharmaceutical Benefits) Act 2019, also assented to on 2 October 2019, seeks to address gaps in the National Health Act 1953, particularly in relation to the Pharmaceutical Benefits Scheme. This Act aims to enhance the administration and efficiency of the Pharmaceutical Benefits Scheme, ensuring better access to affordable medications for Australians. The Australian Parliament enacted this legislation to improve the health outcomes of Australians by ensuring that the Pharmaceutical Benefits Scheme remains sustainable and effective in providing necessary medications. The policy objective is to maintain and improve the quality and affordability of prescription drugs under the Pharmaceutical Benefits Scheme.

Scope and Application

The Customs Amendment (Immediate Destruction of Illicit Tobacco) Act 2019 applies to any person or entity involved in the importation of tobacco products into Australia. This Act is concerned with the destruction of illicit tobacco and ensures that it is dealt with efficiently and effectively. The Act extends to the entire Commonwealth of Australia and applies to any tobacco products that are imported into the country. It provides for the immediate destruction of illicit tobacco, thereby reducing the availability of illegal tobacco products within the Australian market. The Act is supported by subordinate instruments that outline the procedures and processes for the destruction of such products. Notably, the Act does not specify any exclusions or exemptions, thus encompassing all illicit tobacco regardless of the entity or individual involved. The National Health Amendment (Pharmaceutical Benefits) Act 2019 pertains to the regulation of pharmaceutical benefits within the Australian healthcare system. It applies to all entities involved in the supply, distribution, and sale of pharmaceutical products, including manufacturers, wholesalers, pharmacies, and healthcare providers. This Act aims to enhance the efficiency and effectiveness of the Pharmaceutical Benefits Scheme (PBS), ensuring that Australians have access to affordable and necessary medications. The Act applies nationwide across the Commonwealth of Australia. It does not specify particular exclusions but is comprehensive in its application to all aspects of the pharmaceutical industry within the PBS framework. The Act's provisions are supplemented by regulations that further detail the administration and operation of the PBS.

Key Provisions

The Customs Amendment (Immediate Destruction of Illicit Tobacco) Act 2019 introduces significant changes to the Customs Act 1901, particularly concerning tobacco products (s 3). Section 177A of the Customs Act now mandates that tobacco products that are not in compliance with Australian regulations, or have been falsely labelled, must be immediately destroyed by the Australian Border Force. This applies to any tobacco products intercepted at the border that do not meet the necessary standards or have been falsely labelled in any way. Under this Act, the Australian Border Force is required to enforce the immediate destruction of non-compliant tobacco products as stipulated in the amended Customs Act (s 4). The Act also clarifies that the Minister for Home Affairs has the authority to issue directions to ensure compliance with these provisions (s 5). The Minister’s role includes overseeing the enforcement of these measures and ensuring that the Australian Border Force adheres to the new requirements. Failure to comply with the provisions of the Customs Amendment (Immediate Destruction of Illicit Tobacco) Act 2019 can result in significant penalties. The maximum penalty for an individual is a fine of up to 500 penalty units, or imprisonment for up to five years, or both, as outlined in section 177D of the amended Customs Act (s 6). For a body corporate, the maximum penalty can be much higher, reaching up to 5,000 penalty units, reflecting the serious nature of the offence under Australian law. The Act also provides for the confiscation of any non-compliant tobacco products, further ensuring that such products do not enter the market.