Page 3779 - Week 11 - Thursday, 24 November 2022
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Executive business—precedence
Ordered that executive business be called on.
Health Legislation Amendment Bill 2022
Debate resumed from 4 May 2022, on motion by Ms Stephen-Smith:
That this bill be agreed to in principle.
MS CASTLEY (Yerrabi) (11.24): I rise today to support the amendments put forward by the health minister. This bill amends legislation to increase the ability of compliance testing in the ACT for smoking products and, in particular, nicotine vaping. The Canberra Liberals support the measures proposed by the health minister and share the concerns about nicotine vaping and its effect on young Canberrans.
The Centers for Disease Control and Prevention in the United States have found that the use of e-cigarettes is unsafe for kids, teens and young adults. Nicotine is an addictive substance and can have a significant impact on adolescent and young adult brain development. It has also been reported that e-cigarettes can contain other harmful substances that may be unknown to the purchaser.
The health directorate has also told me that vapes have been found in the ACT that have nicotine, despite claiming to be nicotine free. For these reasons, I support the increase of compliance testing to protect our children and young adults. This bill extends commonwealth therapeutic goods laws to apply to sole traders, as well as cooperation to make sure that all businesses can be assessed for compliance.
In addition, the bill removes “tobacco products” and substitutes the definition with “smoking products”, to ensure that businesses who sell nicotine vapes can be compliance tested, as well as to prevent the sale of vapes through vending machines. This bill also allows the community pharmacists who sell vapes to consumers who use it as a smoking cessation device to obtain smoking products from a wholesaler who holds an ACT tobacco licence.
I recognise that the Standing Committee on Justice and Community Safety, in examining the explanatory statement, raised concerns about human rights and how they may be limited. The first concern is regarding the use of undercover minors for compliance testing. The second concern raised is about the presumption of innocence for community pharmacists, as they will have the burden of proof to prove that they are able to sell smoking products as medicine. I am satisfied that the explanations provided by the minister are reasonable and proportionate.
Finally, this bill makes technical amendments to allow compatibility between the Births, Deaths and Marriages Registration Act 1997 and the Transplantation and Anatomy Act 1978. This bill’s main purpose is to improve the compliance capabilities of enforcers to crack down on the illegal sale of nicotine vaping, to improve the health
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