Queensland Health seeks court order to shut tobacco stores for six months
Six businesses alleged by health authorities to be involved in the sale of illicit tobacco can continue trading for the time being despite Queensland Health seeking a court order to shut them down for six months.
Queensland Health on Wednesday sought the order in the Hervey Bay Magistrates Court after the Wide Bay Public Health Unit and Queensland Police Service carried out raids on six Hervey Bay stores.
The Wide Bay Hospital and Health Service claimed more than 480,000 illicit cigarettes, 70 kilograms of loose tobacco and 176 vaping devices were retrieved in the most recent raid on Main Street Tobacconist on Tuesday.
Queensland Health said it was the first time it had pursued a six-month closure of a business since tougher state laws aimed at eliminating the illegal supply of smoking products took effect in September 2024.
The businesses and their owners are not facing criminal charges.
The owner of five of the businesses, Mohammed Alfalahi, and Adam Ayser, who owns one store, did not appear in court.
Their lawyers requested an adjournment to allow more time to prepare their responses.
Mr Alfalahi's lawyer, Dean Mayr, said his client was overseas until next month, which made it difficult for him to obtain instructions.
The lawyer for Queensland Health, Peter O'Connor, opposed an adjournment, arguing a risk to public health if the businesses stayed open.
Mr O'Connor told the court that the stores would quickly be able to replenish their stocks of illicit tobacco products after the raids.
"This is an emergent and urgent community health issue," he said.
"It is a matter that needs to be dealt with expeditiously.
"These shops in all likelihood … could be opening tomorrow."
Magistrate Trinity McGarvie granted an adjournment, noting Mr Alfalahi and Mr Ayser had been notified of legal action by Queensland Health about June 3.
"It would be undesirable for … the state, Queensland Health, to be less than diligent … when the applications are such significant ones and such important applications … to be determined in the interest of public health," Ms McGarvie said.
The case was adjourned to Hervey Bay Magistrates Court on June 26.
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