Page 4012 - Week 12 - Wednesday, 30 November 2022
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I am pleased to advise the Assembly that significant work has progressed against this motion and that the ACT government is committed to progressing a range of initiatives aimed at educating Canberrans about e-cigarettes, as well as ensuring adequate protections are in place to minimise public health harm.
It is important to note that there is no international consensus on the most appropriate regulatory framework for e-cigarettes. The regulatory arrangements applicable to e-cigarettes vary considerably within and across countries, ranging from prohibition to minimal or no regulation.
A comprehensive review of ACT legislation governing e-cigarettes remains ongoing. However, we have identified that the ACT’s legislative framework for e-cigarettes is broadly consistent with other states and territories. With the changes agreed through the passage of the Health Legislation Amendment Act 2022 last week, our legislative regime also provides a range of legal safeguards to protect young people from accessing and using e-cigarette products purchased from ACT retailers.
The ACT legislation already prohibits the promotion, advertising and display of e-cigarettes and e-cigarette accessories; the supply of these products to minors; and restricts sale to licensed tobacconists. Vaping in smoke-free areas is also already prohibited by the Smoke Free Public Places Act 2003 and Smoking in Cars with Children (Prohibition) Act 2011.
Despite there being legal controls in place to restrict the access and availability of e-cigarette products, our community has seen a sharp rise in the uptake of e-cigarette use. Stakeholder feedback and complaints received by the ACT Health Directorate and Access Canberra suggest that there is confusion in the community about the existing regulatory controls for e-cigarettes, their role as a smoking cessation aid and the health risks that might arise from recreational use.
To clarify the current regulatory environment for the Assembly, non-nicotine e-cigarettes are regulated as a smoking product in the ACT and can be sold only by licensed tobacco retailers to persons aged over 18 years. Retailers are prohibited from promoting, advertising or marketing these products. Where an e-cigarette product contains nicotine, it is regulated as a prescription-only medicine and its possession and sale are prohibited unless authorised under the Medicines, Poisons and Therapeutic Goods Act 2008.
All states and territories recognise nicotine vaping products as a prescription-only medicine under the Commonwealth Poisons Standard. This means that consumers require a valid prescription for the purchase, possession and use of nicotine vaping products across Australia. This includes both purchases made from Australian pharmacies and purchases from overseas online suppliers. In contrast to other countries such as the United Kingdom and New Zealand, Australia has taken a unique approach by limiting access to nicotine vaping products using a prescription-only model.
The ACT supports the Therapeutic Goods Administration’s decision to apply this limitation. Limiting consumer access to nicotine vaping products under a prescription
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