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Tas step closer to smoke-free generation

There are no legal impediments to a proposed law banning the sale of tobacco to future generations but powerful manufacturers might be a hurdle.

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Source: AAP


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Tasmania should brace for a legal stoush with tobacco companies if it pushes ahead with planned laws preventing the sale of cigarettes to future generations, a health expert is warning.

There is no legal reason why the island can't become Australia's first jurisdiction to enact such a law - which makes it illegal to sell tobacco products to people born on or after January 1, 2000 - a parliamentary committee found in its final report published on Wednesday.

But there are a range of potential outcomes including a backlash from global tobacco giants which boast seemingly infinite finances to launch a legal challenge.

Tasmania's acting director of public health Mark Veitch said the law would attract international attention and based on the litigious history of tobacco companies, the law could expect opposition.

"It would be a bad thing to embark upon implementing a bill, with all the attendant costs, then to fight a legal battle and lose, and it could be expensive to fight a legal battle and win," Dr Veitch told the committee.

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"I think that is a contingency that probably ought to be kept in mind when considering what might happen if this bill was passed."

Committee chairman Craig Farrell noted possible problems with the bill including age discrimination, but overall gave the new law a green light.

"Although there are a range of issues that have been identified by the committee in relation to the bill ... there does not appear to be any significant legal impediment," he said.

The report noted that the law could easily be circumvented by purchasing tobacco online.

There were also concerns for the tourism industry, with visiting cruise ships in breach of the law if found selling tobacco to the generation.

Despite concerns, the idea has attracted international support, including from the World Health Organisation.


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