Page 1124 - Week 04 - Tuesday, 5 April 2016
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The Standing Committee on Justice and Community Safety made several comments when reviewing the bill. I thank the chair of the standing committee for the rigorous oversight provided, and I have responded to the chair of the standing committee to address each comment. The committee recommended that the explanatory statement better clarify the breadth of personal vaporisers available and the application of the bill to personal vaporisers that do and do not contain nicotine. The explanatory statement has been amended to provide clarification on these matters, and I table this revised explanatory statement now.
The standing committee raised concerns that the definition of “personal vaporiser” in the bill could inadvertently capture devices that promote health and/or alleviate or prevent harms to health, raising human rights concerns. I would like to assure the committee and the chamber that the definition is appropriate and has been drafted based on advice from the Parliamentary Counsel’s Office and with regard to the application of the commonwealth Therapeutic Goods Act 1989. The definition excludes goods that are included in the Australian register of therapeutic goods, thereby excluding all therapeutic goods, therapeutic devices and medical devices. As such, the human rights issues about which the committee expressed concern are not impacted.
In addition, proposed new section 3B(2)(d) in the bill provides an additional safeguard to ensure that the definition will not prevent access to such health devices. This section enables a regulation under the Tobacco and Other Smoking Products Act 1927 to explicitly exclude products that are not intended to be regulated as personal vaporisers if needed. This allows assessment on a case-by-case basis and provides clarity to consumers and industry if needed.
Finally, the standing committee suggested that human rights could be better protected if the definition were restricted to devices that contain nicotine. It should be noted that the provisions in the bill apply to all personal vaporisers irrespective of whether they contain nicotine. Any limitations to human rights are considered reasonable and proportionate given the aim of preventing health harm from personal vaporiser use and exposure. Again, I thank the standing committee for its consideration and comments on the bill and wish to advise the Assembly that no changes or amendments to the legislation are warranted at this time.
This new legislation represents a prudent and precautionary approach that aligns with the ACT government’s commitment to achieve a healthy environment and community. The legislation aims to limit the widespread uptake of personal vaporisers, including by non-smokers, children and young people, while still allowing adults the freedom to purchase and use nicotine personal vaporisers in non-smoke-free areas. I am proud to say that this bill will enable a healthier Canberra and for future generations to come. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
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