Tobacco Products Regulation (E-Cigarette Regulation) Amendment Bill

Introduction and First Reading

Mr PICTON (Kaurna) (10:48): Obtained leave and introduced a bill for an act to amend the Tobacco Products Regulation Act 1997. Read a first time.

Second Reading

Mr PICTON (Kaurna) (10:48): I move:

That this bill be now read a second time.

This bill seeks to establish a regulatory scheme for the sale, supply and use of e-cigarettes, an industry that is currently unregulated in South Australia. The bill is a reproduction of legislation that the former Labor government introduced last year, which unfortunately did not make it through that session of parliament prior to the election.

We all know the dangers of smoking. We know the benefit that regulation has had in reducing smoking rates. It is very pleasing to note that tobacco smoking rates amongst our entire population, including younger people, have fallen dramatically in recent decades. In 2007, 23 per cent of people aged 15 to 29 were smokers. In 2016, that figure had reduced to 12.3 per cent, so it had almost halved. The government's target for youth smoking in the South Australian Tobacco Control Strategy 2011-2016 was achieved two years ahead of time. However, we know that the use of e-cigarettes is on the rise and that there is currently no regulation of these products.

The former Labor government introduced this bill off the back of the 2016 World Health Organization report that concluded that there was not sufficient evidence that e-cigarettes were safe or that there were no risks arising from exposure to e-cigarette vapour, either directly or passively. We know that there are risks of children using e-cigarettes or vaping and that there are inherent risks of those products becoming a gateway to smoking.

This bill seeks to amend the Tobacco Products Regulation Act 1997 to introduce a range of measures to regulate the sale, supply and use of e-cigarettes. The bill prohibits the sale of e-cigarettes to children; the retail sale of e-cigarette products without a licence; the indirect sale of e-cigarettes, such as internet sales; the sale of e-cigarettes from temporary outlets, sales trays and vending machines; the use of e-cigarettes in areas that are smoke free under the act currently; advertising, promotion, specials and pricing promotions for e-cigarettes; and retail point of sale displays for e-cigarettes.

The bill also arose out of the 20 recommendations of the parliamentary select committee investigating e-cigarettes, which was chaired by the former member for Elder during the last parliamentary session and included me; your good self, Mr Speaker; the member for Hurtle Vale and the Minister for Environment. That was a unanimous report from the committee recommending those 20 recommendations. The bill does not ban e-cigarettes outright, nor will it allow a free-for-all approach. It is a sensible first regulatory step that acknowledges the risks of these products balanced against the rights of adults.

Currently in South Australia, e-cigarettes can be sold to anyone regardless of their age, meaning that they can be sold to children. They can also be freely advertised and people can vape in enclosed public areas that are currently banned for smoking. Other jurisdictions across Australia have moved to regulate this potentially harmful industry and it is time that we now do the same.

I note that when we previously introduced this bill, the then opposition and now government—I believe it was yourself then, Mr Speaker—expressed their intention to support the bill. I had hoped that following the election the government would pick up this bill, run with it and reintroduce it in the parliament, and I wrote to the Minister for Health over a month ago suggesting that he do so. A number of health spokespeople have also raised that with him and with me as well; however, we have received no response to those calls. We did not see a bill introduced before the parliament and hence it has fallen to the Labor Party again to act. I hope that the government will now support this bill and ensure that we have sensible regulation in this area in South Australia.

Debate adjourned on motion of Mr Pederick.