Senate Legal and Constitutional Affairs References Committee (part 1 of 2)

3 May 2026

Senate Legal and Constitutional Affairs References Committee Australian Parliament

11:14 - 13:53
Speaker 7
I declare open this public hearing of the Legal and Constitutional Affairs References Committee inquiry into the illegal tobacco crisis in Australia.  The committee's proceedings today will follow the program as circulated.  These are public proceedings being broadcast live in Parliament house and via the web.  For people participating remotely, I am the chair of the committee, senator Leah Blythe.  And joining me today in the room is senator Colbeck, and online is deputy chair, senator Stuart and senator Steele John. 

I remind senators of their obligations under the behavior code for Australian parliamentarians to treat witnesses with dignity, courtesy, fairness, and respect.  I remind witnesses that in giving evidence to the committee, they are protected by parliamentary privilege.  It is unlawful for anyone to threaten or disadvantage a witness on account of evidence given to a committee, and such action may be treated by the senate as contempt.  It is also a contempt to give false or misleading evidence to the committee.  The committee prefers evidence to be given in public, but under the senate's resolutions, witnesses have the right to request to be heard in confidence, described as being in camera. 

If you are a witness today and intend to request to give evidence in camera, please bring this to the attention of the secretary as soon as possible.  If a witness objects to answering a question, the witness should state the ground upon which the objection is taken, and the committee will determine whether it will insist on an answer, having regard to the ground which is claimed.  If the committee determines to insist on an answer, a witness may request that answer be given in camera.  Such a request may, of course, also be made at any other time.  A witness speaking for the first time should state their full name and the capacity in which they appear, and witnesses should speak clearly and into the microphone to assist Hansard to record proceedings. 

Mobile phones and other electronic devices should be switched off or turned to silent mode.  I now welcome representatives from the Australian Border Force and the Office of Illicit Tobacco and Ecigarette Commissioner.  Thank you for taking the time to come in and speak with the committee today.  I understand that information on parliamentary privilege has been provided to you and is available from the secretariat.  Before we begin the session, I remind senators and witnesses that the senate has resolved that an officer of a department of the Commonwealth or of a state shall not be asked to give an opinion on matters of policy and shall be given reasonable opportunity to refer questions asked of the officer to a superior officer or to a minister. 

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