Freight & Trade Alliance (FTA) is seeking member feedback on proposed illicit tobacco enforcement reforms currently before the Senate Legal and Constitutional Affairs Legislation Committee

Following FTA's initial analysis of the proposed reforms and subsequent discussions with the Australian Border Force (ABF), members are invited to provide practical feedback on the potential implications of the legislation for legitimate trade and supply chain operations.

For members wishing to revisit previous updates, please refer to:

Initial notice: HERE
Update following discussions with ABF: HERE

As previously advised, the Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill 2026 includes proposed amendments affecting customs brokers, depot licence holders and warehouse operators. Of particular interest are proposed obligations requiring licence holders to take "all reasonable steps" to prevent conduct that facilitates prohibited tobacco imports or other unlawful activity.

FTA can now advise that the Bill has been referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry, with submissions due by Friday, 25 September 2026.

Following discussions with ABF, FTA understands that the intent of the proposed reforms is to strengthen enforcement against entities facilitating illicit tobacco activity, while maintaining existing expectations for compliant operators with appropriate governance, reporting and compliance controls in place.

Notwithstanding those discussions, members are best placed to identify practical impacts, unintended consequences and implementation challenges that may arise should the legislation proceed in its current form.

Accordingly, FTA is seeking feedback on:

• The proposed "all reasonable steps" obligations.
• Potential impacts on customs brokers, depot licence holders and warehouse operators.
• Practical compliance challenges or areas of uncertainty.
• Any unintended consequences for legitimate trade and supply chain operations.
• Areas where additional legislative clarity or operational guidance may be required.

Member feedback will assist FTA in determining any further advocacy and representation to government and the Senate Committee.

Members wishing to provide feedback are requested to do so by 3:00pm Friday, 25 September 2026.

Feedback can be sent directly to smilici@ftalliance.com.au.

Given the limited timeframe available, early responses would be greatly appreciated.

Sal Milici - Licensed Customs Broker
General Manager Trade Policy & Operations - FTA / APSA

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