Human rights law does not stand in the way of a crackdown on illegal tobacco retailers but it is important to get the rules right to avoid the risk of tougher penalties being challenged, a legal expert says.
Tess Rooney, a lecturer at the University of Canberra's law school, said the ACT's Human Rights Act was not a legal barrier to tougher action on illegal tobacco sales.
"Nobody's suggesting that there is a right to sell illegal tobacco. Under the ACT Human Rights Act, individuals do retain rights, even when they're suspected of a crime," Ms Rooney said.
