NSW government kills debate on protesters paying for police presence after exceeding cap
After the weekend's pro-Palestinian march over Sydney Harbour Bridge, Shadow Attorney-General Alister Henskens attempted to bring on debate for a bill — first introduced in February — that proposed a 'user pays' system for protest organisers after reaching a cap.
"This bill is not taking any side on the issues that were subject of the protest on Sunday," Mr Henskens told parliament.
"The current legislation does not give any guidance to courts as to how they are to determine the public interest.
"What we've seen is millions of dollars being spent on policing instead of on health, education and public transport. There's been a huge drain on our policing resources."
But the government voted against debating the proposal on Tuesday, effectively killing the bill.
The proposal could have forced protest organisers to pay or contribute to the cost of policing after three annual protests.
Premier Chris Minns said the "strong view" of senior government counsel was that it could be "unconstitutional".
However, he has not ruled out legislation to prevent regular protests that disrupt "critical infrastructure" like the harbour bridge, following the Supreme Court decision on Saturday for the march to go ahead.
"We can't have open season on the bridge. We need to have some kind of orderly process where we balance people's rights to have a protest in Sydney — it's a big international city — without closing down critical infrastructure," Mr Minns told radio station 2GB.
"I want to make sure my ducks are in a row ... I'm not ruling out legislation.
"I realise that will be controversial, but I think even a lot of people that were at the protest on Sunday would appreciate that you can't knock the bridge out every weekend."
NSW Opposition Leader Mark Speakman said it was a fair demand that, after three free demonstrations, the right to protest was balanced against cost to taxpayers and diversion of police resources.
"We offered the government a way to strike a fair balance when it comes to protest law," Mr Speakman said.
"The right to protest is fundamental in a liberal democracy, but it's not an absolute right.
"It has to be balanced against public safety, against the diversion of police resources, against the cost to the taxpayer and against the right of other citizens to use their public infrastructure and go about their daily business."
In the lead-up to the protest, Mr Minns faced internal criticism from Labor MPs who suggested political overreach after he stated the bridge march should not go ahead.
Two of his ministers, Penny Sharpe and Jihad Dib, joined the protest on Sunday, as did several MPs including Julia Finn, Lynda Voltz, Stephen Lawrence and Anthony D'Adam.
While the government is reviewing the Supreme Court's judgement, legal expert Simon Rice from Sydney Law School described the decision as "unremarkable".
Professor Rice said Justice Belinda Rigg ultimately decided freedom of expression in this case outweighed NSW Police's public safety concerns.
"It's another in a string of decisions the Supreme Court makes from time-to-time when police are concerned about safety and it weighs up competing considerations," he said.
"It's not a special decision except that it was on the harbour bridge.
"A future protest could be on the harbour bridge, but that depends on the factors the court weighs up next time."
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The Age
30 minutes ago
- The Age
The woman with $2m cash in her boot and the violent trade as ‘lucrative as drugs'
Much of the illicit loose tobacco in Australia is home-grown, while most illegal cigarettes come from China. Those cigarettes are either counterfeits of cigarettes sold here or brands not available in Australia. Because they are smuggled in through Australia's porous border, importers do not pay the tobacco excise – currently $1.40 per cigarette – and lack the barcode, plain packaging and health messaging on their legal counterparts. Loading They are also significantly cheaper, sold through the convenience stores that have become ubiquitous in Sydney. Estimates have the cost price of a packet of illegal smokes as low as $2, providing both a significant profit for the importers and a cheaper product for the consumer. 'Organised crime are filling some of that void. They're able to provide cigarettes between $10 and $25 a packet rather than between $40 and $65 a packet,' Bennett said. NSW Premier Chris Minns in June came out swinging at the Commonwealth tobacco excise – which is indexed and also being increased by 5 per cent each year for a three-year period starting in 2023 – saying it should be reconsidered. On Wednesday, the state government introduced what it describes as 'tough new laws' to parliament. The sweeping new legislation is designed to penalise selling illegal tobacco, and would allow evictions of retailers selling illegal tobacco, business shutdowns and fines of up to $1.5 million. 'As lucrative as illegal drugs' Sydney's criminal milieu has long been keen to meet the city's ravenous appetite for illicit drugs; anecdotal evidence suggests that major players such as the Alameddine crime family can earn up to $1 million a week in profit. Despite these eye-watering profits, criminal groups are increasingly looking to illegal tobacco, says Bennett. A briefing to Police Minister Yasmin Catley, seen by this masthead, suggests players 'responsible for violence in Victoria' have moved into NSW and aligned themselves with 'known actors'. Asian and Middle Eastern organised crime groups have also become involved in the illicit tobacco trade, the briefing says. There are two reasons for this – illegal tobacco has a much larger potential market than illicit drugs, and the penalties for importing or selling illicit smokes are considerably lighter than for drugs. 'Large organised crime groups that have traditionally been involved in drug trafficking, extortion, kidnapping and ransom, they've all got an offshoot in illegal tobacco,' Bennett said. 'From what I can see, it's easily as lucrative as illegal drugs. 'We're certainly seeing that sort of traditional organised crime tactics around eliminating competition and establishing an area where you can do business.' Loading Arson attacks, which have authorities particularly concerned because of the proximity of many tobacconists to residential dwellings, have been used in NSW, says the briefing to the police minister. Legitimate retailers have also been targeted by organised crime, who are forced to sell illicit products on behalf of the crime group then are extorted for protection money. In a matter before the courts, a man allegedly planned to steal almost $1 million in cash from the home of a NSW tobacconist in November last year. Documents seen by the Herald allege the man used a device to track multiple cars and was heard on a phone tap discussing kidnapping people, dressing up as a police officer to orchestrate a vehicle stop or breaking into storage sheds. Police tracking the man and his co-accused stymied the alleged plot before the money – which police say is profits from illegal tobacco – could be stolen. He cannot be identified for legal reasons. In a separate case, an alleged tobacco runner had his big toe partially severed; in another instance last year, a tobacconist business was burnt to the ground. Bennett said it could be difficult to discern if this extreme violence was born of illegal drugs or tobacco, but 'more frequently we're finding from our intelligence base and from talking to the police, and talking to victims and talking to offenders, that the motivation is illegal tobacco'. The business of illicit tobacco has ensnared a huge number of seemingly everyday people – such as the Sydney woman with $2 million in the boot, now before the courts on two counts of dealing with the proceeds of crime – whose alleged role is to move huge volumes of cash, cigarettes and tobacco up and down the eastern seaboard. Loading In January, a truck driver was caught in one of the north shore's most moneyed suburbs, allegedly with $1 million in the back of his truck. The money was seized by the Crime Commission and he remains before the courts on proceeds of crime offences. That man, too, cannot be identified. Bennett said the NSW Police have been 'very active, very busy' both in vehicle stops of the type that allegedly both foiled the truck driver and the Sydney woman, and in their ongoing fight against organised crime. 'On a local [police station] level is where you get that short-term information based around storage sheds or vehicle movements,' which have led to 'quite a few' seizures north of $1 million, Bennett said. Police are heavily involved in stopping illegal tobacco, but debate has raged over exactly who should regulate it. While NSW Health is the lead agency, it is ill equipped to take on the underworld. Minns has said he doesn't want police taken away from the fight against domestic violence and organised crime. Commercial implications Then there is the question of the place of illegal tobacconists in the commercial landscape. On Penrith's main street, there are four within a 50-metre radius. Dozens more feature along the suburb's main strip. On the other side of the city, tourists alighting from the famous Manly ferry pass three as they walk the 450 metres down the Corso to the beach. 'There's a massive capital investment going into illegal tobacco sales,' Bennett said, something that has alarmed many communities. Independent MP for Pittwater Jacqui Scruby has been agitating for more action on illegal tobacconists, and says there is 'real fear' in the community because of tobacconists' links to organised crime. She says legitimate businesses are being pushed out, neighbouring business owners have seen an increase in insurance premiums because of the risk of firebombs, and people living near or above those shops are concerned about being caught in the crossfire. Scruby has made a number of submissions to a parliamentary inquiry, including buffer zones to prohibit businesses around schools and playgrounds, tougher penalties and moving the responsibility for enforcement to a 'better resourced' interagency taskforce. But with illegal tobacco being sold in plain sight, issues with regulation and the sheer volume of illicit smokes for sale, the problem for government remains diabolical. 'Everyone's got a stake in stopping this and that's got to start with people not buying it,' Bennett says firmly. 'But whether Joe Average is willing to pay double or triple what they can pay to mitigate the organised crime aspect of it remains to be seen.'
Sydney Morning Herald
30 minutes ago
- Sydney Morning Herald
The woman with $2m cash in her boot and the violent trade as ‘lucrative as drugs'
Much of the illicit loose tobacco in Australia is home-grown, while most illegal cigarettes come from China. Those cigarettes are either counterfeits of cigarettes sold here or brands not available in Australia. Because they are smuggled in through Australia's porous border, importers do not pay the tobacco excise – currently $1.40 per cigarette – and lack the barcode, plain packaging and health messaging on their legal counterparts. Loading They are also significantly cheaper, sold through the convenience stores that have become ubiquitous in Sydney. Estimates have the cost price of a packet of illegal smokes as low as $2, providing both a significant profit for the importers and a cheaper product for the consumer. 'Organised crime are filling some of that void. They're able to provide cigarettes between $10 and $25 a packet rather than between $40 and $65 a packet,' Bennett said. NSW Premier Chris Minns in June came out swinging at the Commonwealth tobacco excise – which is indexed and also being increased by 5 per cent each year for a three-year period starting in 2023 – saying it should be reconsidered. On Wednesday, the state government introduced what it describes as 'tough new laws' to parliament. The sweeping new legislation is designed to penalise selling illegal tobacco, and would allow evictions of retailers selling illegal tobacco, business shutdowns and fines of up to $1.5 million. 'As lucrative as illegal drugs' Sydney's criminal milieu has long been keen to meet the city's ravenous appetite for illicit drugs; anecdotal evidence suggests that major players such as the Alameddine crime family can earn up to $1 million a week in profit. Despite these eye-watering profits, criminal groups are increasingly looking to illegal tobacco, says Bennett. A briefing to Police Minister Yasmin Catley, seen by this masthead, suggests players 'responsible for violence in Victoria' have moved into NSW and aligned themselves with 'known actors'. Asian and Middle Eastern organised crime groups have also become involved in the illicit tobacco trade, the briefing says. There are two reasons for this – illegal tobacco has a much larger potential market than illicit drugs, and the penalties for importing or selling illicit smokes are considerably lighter than for drugs. 'Large organised crime groups that have traditionally been involved in drug trafficking, extortion, kidnapping and ransom, they've all got an offshoot in illegal tobacco,' Bennett said. 'From what I can see, it's easily as lucrative as illegal drugs. 'We're certainly seeing that sort of traditional organised crime tactics around eliminating competition and establishing an area where you can do business.' Loading Arson attacks, which have authorities particularly concerned because of the proximity of many tobacconists to residential dwellings, have been used in NSW, says the briefing to the police minister. Legitimate retailers have also been targeted by organised crime, who are forced to sell illicit products on behalf of the crime group then are extorted for protection money. In a matter before the courts, a man allegedly planned to steal almost $1 million in cash from the home of a NSW tobacconist in November last year. Documents seen by the Herald allege the man used a device to track multiple cars and was heard on a phone tap discussing kidnapping people, dressing up as a police officer to orchestrate a vehicle stop or breaking into storage sheds. Police tracking the man and his co-accused stymied the alleged plot before the money – which police say is profits from illegal tobacco – could be stolen. He cannot be identified for legal reasons. In a separate case, an alleged tobacco runner had his big toe partially severed; in another instance last year, a tobacconist business was burnt to the ground. Bennett said it could be difficult to discern if this extreme violence was born of illegal drugs or tobacco, but 'more frequently we're finding from our intelligence base and from talking to the police, and talking to victims and talking to offenders, that the motivation is illegal tobacco'. The business of illicit tobacco has ensnared a huge number of seemingly everyday people – such as the Sydney woman with $2 million in the boot, now before the courts on two counts of dealing with the proceeds of crime – whose alleged role is to move huge volumes of cash, cigarettes and tobacco up and down the eastern seaboard. Loading In January, a truck driver was caught in one of the north shore's most moneyed suburbs, allegedly with $1 million in the back of his truck. The money was seized by the Crime Commission and he remains before the courts on proceeds of crime offences. That man, too, cannot be identified. Bennett said the NSW Police have been 'very active, very busy' both in vehicle stops of the type that allegedly both foiled the truck driver and the Sydney woman, and in their ongoing fight against organised crime. 'On a local [police station] level is where you get that short-term information based around storage sheds or vehicle movements,' which have led to 'quite a few' seizures north of $1 million, Bennett said. Police are heavily involved in stopping illegal tobacco, but debate has raged over exactly who should regulate it. While NSW Health is the lead agency, it is ill equipped to take on the underworld. Minns has said he doesn't want police taken away from the fight against domestic violence and organised crime. Commercial implications Then there is the question of the place of illegal tobacconists in the commercial landscape. On Penrith's main street, there are four within a 50-metre radius. Dozens more feature along the suburb's main strip. On the other side of the city, tourists alighting from the famous Manly ferry pass three as they walk the 450 metres down the Corso to the beach. 'There's a massive capital investment going into illegal tobacco sales,' Bennett said, something that has alarmed many communities. Independent MP for Pittwater Jacqui Scruby has been agitating for more action on illegal tobacconists, and says there is 'real fear' in the community because of tobacconists' links to organised crime. She says legitimate businesses are being pushed out, neighbouring business owners have seen an increase in insurance premiums because of the risk of firebombs, and people living near or above those shops are concerned about being caught in the crossfire. Scruby has made a number of submissions to a parliamentary inquiry, including buffer zones to prohibit businesses around schools and playgrounds, tougher penalties and moving the responsibility for enforcement to a 'better resourced' interagency taskforce. But with illegal tobacco being sold in plain sight, issues with regulation and the sheer volume of illicit smokes for sale, the problem for government remains diabolical. 'Everyone's got a stake in stopping this and that's got to start with people not buying it,' Bennett says firmly. 'But whether Joe Average is willing to pay double or triple what they can pay to mitigate the organised crime aspect of it remains to be seen.'
ABC News
30 minutes ago
- ABC News
PBS wait times a more urgent issue than Donald Trump's potential pharmaceutical tariffs, peak medicines body warns
Excessive wait times for medicines to be listed on the Pharmaceutical Benefits Scheme (PBS) are a much greater threat to the sector than US President Donald Trump's far-reaching tariffs, according to the peak industry body, which has warned people could die waiting for treatment. The Albanese government is frantically working to shield Australia from Donald Trump's ever-expanding tariffs, with the US president now flagging a possible 250 per cent tariff on pharmaceuticals, one of Australia's largest export products to the US. "We'll be putting a, initially, small tariff on pharmaceuticals. But in one year … it's going to go to 150 per cent and then it's going to go to 250 per cent because we want pharmaceuticals made in our country," Mr Trump told CNBC on Wednesday local time. But Medicines Australia CEO Liz de Somer said a more pressing concern was the process behind listing new medicines on the PBS, with a median wait time of 22 months for a new medicine to land on the scheme once it is approved by the Therapeutic Goods Administration (TGA). "And this will have a far greater effect on the Australian system than anything else." When drugs are placed on the PBS, patients are able to receive important and sometimes lifesaving medicines at a small portion of the cost — currently just over $30. The rest of the cost is covered by the federal government. But patients, advocacy groups and pharmaceutical companies argue the process leading up to the PBS listing is overly complex, takes too long and involves excessive red tape. The first complete review of the system in 30 years was handed to the federal government last year, making a raft of recommendations to streamline processes so people could access medicines earlier. The recommendations included expanding access to medicines already subsidised for common cancers to other cancers, when that is backed by evidence. The review also concluded that if pharmaceutical companies applied to have their medications approved by the TGA and placed on the PBS at the same time, 90 per cent of promising new medicines could be listed within six months of TGA registration. Federal Health Minister Mark Butler heralded the Health Technology Assessment (HTA) review as "visionary" but has yet to formally respond to its findings, instead setting up an advisory group to help guide the government's next steps. Rare Cancers Australia CEO Christine Cockburn said urgent action was required, with many people unable to afford lifesaving medication that can cost hundreds of thousands of dollars. "They sometimes access superannuation, which of course that is not what superannuation is for, or they remortgage their houses. "Crowdfunding is not uncommon in cancer treatment spaces, which of course comes with a terrible loss of dignity. It's a terrible thing to have to do, and there are people as well who just have to go without because they can't do any of those things." The time it takes to list medications on the PBS is a long-held gripe of US pharmaceutical companies. They also argue the scheme's pricing policies undervalue American innovation and threaten billions of dollars in lost sales. In March, American medical giants pressed Donald Trump to target Australia with punitive tariffs, labelling the PBS as one of the "egregious and discriminatory" programs that undermines US exports. Labor has already categorically ruled out touching the PBS in any trade negotiations, and a raft of frontbenchers have consistently stressed the Trump administration could not exert any direct influence on the scheme. But the government remains concerned that frustrations over the PBS could see the Trump administration retaliate by hitting Australian pharmaceutical exports. Last year, Australia exported $2.2 billion in pharmaceutical products to the US — about 40 per cent of Australia's pharmaceutical exports — according to the UN's Comtrade database. Ms de Somer said the government could better negotiate with the US, while still protecting the PBS, if it followed recommendations from the review. "If the government committed to implement the reforms of the PBS that they have already identified need to happen, it would go some way to assuage the concerns raised by Donald Trump and the US pharmaceutical industry," she said. "Partly, it is about the time it takes for patients to get access to new medicines, and partly it is about valuing innovation and giving the right value to things that are new and transformative and change people's lives." Former chair of the Pharmaceutical Benefits Advisory Committee (PBAC), which recommends medicines for the PBS, and chair of the review's implementation advisory group, Andrew Wilson, said the complexities of the system made it difficult to reform. "I don't think there's anybody involved in this process that doesn't want to see this happen faster," Professor Wilson said. "One of the challenges that we've had in the past is not that things haven't changed, but they've changed in a piecemeal fashion. They've changed little bits here and not there and the concern has been the extent to which those changes have actually improved the system, or just made it more complicated." However, Shadow Health Minister Anne Ruston accused the government of dragging its feet in its response to the review. "We're sitting here now nearly 12 months after the review has been delivered to government and we have absolutely nothing more from the government," she said. Mr Butler said the implementation advisory group's final report was due early next year, and would help inform future government decisions on reform. "The Albanese government is continuing to make medicines available to Australian patients faster and cheaper," he said. "We know patients want faster access to cutting-edge medicine and treatments. "That's why our government is working through the recommendations of the HTA review, so Australians can get faster access to the best medicines and therapies, at a cost that patients and the community can afford."
