Thursday, September 10, 2026
As members are aware, illicit tobacco remains a major concern for government agencies and legitimate supply chain participants. The new legislation is designed to make it easier for authorities to investigate, seize, forfeit and prosecute illicit tobacco activity, while also increasing compliance expectations for customs brokers, depot licence holders and warehouse operatorsFor customs brokers, depot operators and warehouse licence holders, the Bill introduces new licence conditions requiring reasonable steps to prevent activities that facilitate prohibited tobacco imports or other unlawful conduct. These provisions are broader than simply prohibiting direct involvement and create a positive obligation to actively prevent misconduct connected with licensed operations.While the proposed amendments provide a clear indication of the Government's policy direction, it is important to note that the Bill has only been introduced into Parliament and remains subject to the parliamentary process, including potential amendment before being enacted.In particular, FTA will be seeking greater clarity on how the proposed requirement to take "all reasonable steps" will operate in practice and what compliance expectations may ultimately be placed on customs brokers, depot operators and warehouse licence holders.While FTA supports strong enforcement measures targeting organised criminal activity and the illicit tobacco trade, there is a need to ensure that any new obligations are practical, proportionate and do not create unintended consequences for legitimate trade and industry participants.FTA has reached out to senior executives within Australian Border Force seeking an urgent industry briefing to better understand the intended operation and practical application of the proposed amendments.Having only become aware of the Bill today, FTA will continue engaging with government, monitor the progress of the legislation and seek further clarification on the application of these provisions. Further updates will be provided as more information becomes available and as the Bill progresses through Parliament.Further information is available in the explanatory memorandum avialable HERESal Milici - Licensed Customs BrokerGeneral Manager Trade Policy & Operations - FTA / APSACopyright © 2026 Freight & Trade Alliance (FTA) Pty Ltd, All rights reserved.