Tobacco Products Regulation (E-Cigarettes and Review) Amendment Bill

Second Reading

Adjourned debate on second reading (resumed on motion).

Dr HARVEY (Newland) (15:49): I am very pleased to continue speaking on the bill. I was talking about some of the risks and the impact that tobacco smoking has on our community. When e-cigarettes first turned up on the scene, my first reaction was that, at face value, they may have some ability to help reduce that impact, but of course there is a lot more work to be done in properly considering that.

Electronic cigarettes, known as e-cigarettes, are battery-operated devices that vaporise liquid into a fine aerosol to be inhaled. The liquid usually contains a flavouring and often contains nicotine. E-cigarette products, including liquids, are available for sale in South Australia through physical and online stores. South Australia is one of only two Australian jurisdictions that has not regulated e-cigarette products. Currently in South Australia, e-cigarettes can be sold to children, promoted through advertising and used in enclosed areas.

The World Health Organization report on e-cigarettes released in August 2016 concluded that evidence of the safety of e-cigarettes, and the capacity to aid smoking cessation, has not been established, and that there are possible risks from active and passive exposure to electronic cigarette vapour. The report also expresses concerns about the risk that electronic cigarettes may serve to initiate young people into nicotine use and smoking.

In 2017, Australia's National Health and Medical Research Council (NHMRC) recommended that policymakers should take action to minimise the harm to users and bystanders until evidence of the safety, quality and efficacy of these products have been produced. I have looked at some of the various reports on this matter, and there is quite a lot of work going on right around the world. A number of projects are happening right now in Australia that are funded by the commonwealth government. In fact, I know of a particular project happening right here in South Australia. A lot of questions are being raised. For example, the two major solvents used in e-cigarettes—this is often the liquid that the nicotine and flavouring are dissolved in—are usually propylene glycol and vegetable glycerin.

Studies of these solvents in e-cigarettes have shown a variable degree of the release of small amounts of potential carcinogens including formaldehyde, acetaldehyde and acetone. These can vary depending on the battery output voltage of the device. Some of these compounds, more so the flavouring ones, have been approved for use in food, but what is obviously different is that their safety in the context of being consumed is quite different from being inhaled as an aerosol deep into the respiratory tract.

Some studies have looked at some of the biology of the airway showing that, whilst there are some of the more damaging effects that you might see following tobacco smoke, including oxidative stress and other damaging effects that are not so much seen, there is some evidence of damage of the cell layer that lines the airway and also some restriction of oxygen supply to those cells and constriction of the airways.

While it is increasingly accepted that the levels of toxic and potentially carcinogenic substances from vaping are significantly lower than tobacco in cigarettes, and also that e-cigarettes are likely to result in fewer respiratory health issues compared with tobacco products, there is a significant gap in our overall understanding of the risks and the potential for harm reduction. There is also an increasingly significant gap in our understanding of the impact that vaping can have on bystanders. There is some limited evidence showing that there can be some negative impact. It is likely, though, that that will be less than tobacco smoking; nevertheless, there is still a significant lack of understanding of the degree to which these devices can affect people in the vicinity of someone using them.

As I alluded to earlier, when a particular family member, who used to smoke like a train, like a chimney, stopped doing that and started using an e-cigarette, my first reaction was, 'Well, perhaps on face value that might be a good thing,' but there is actually very limited evidence that they do help people to cease smoking. The fact of the matter is that many users of e-cigarettes also smoke tobacco cigarettes. Unless that smoking of tobacco is reduced to at least 90 per cent, then there is no real evidence of any health benefits for the person smoking.

If the objective is to cease smoking, generally the medical profession would recommend Therapeutic Goods Administration approved nicotine replacement therapies and prescription medications that have been tested for safety and efficacy. As yet, no e-cigarette has been approved by the TGA as a nicotine replacement therapy. In fact, the risk of nicotine dependence with e-cigarettes is much higher than it is with those approved nicotine replacement therapies, so there are certainly a number of concerns there.

The governments of Queensland, New South Wales, Victoria, Tasmania and the Australian Capital Territory have all legislated to restrict the sale, promotion and use of e-cigarettes in a similar manner to tobacco products. Western Australia has banned the sale of e-cigarettes and has successfully prosecuted a retailer for the sale of e-cigarettes under its tobacco control legislation.

The bill is broadly in line with the recommendations of the Select Committee on E-Cigarettes. The final report of the select committee contained 20 recommendations covering seven areas: sale, use, promotion, product safety, enforcement, research and taxation. The select committee concluded that e-cigarettes should be regulated in the interests of public health as there is a lack of scientific consensus on the safety of e-cigarettes. It recommended amending the existing act to regulate e-cigarettes in a similar way to tobacco products.

It is pleasing to note that tobacco smoking rates among the entire population, including younger people, have fallen in recent decades. In 2007, 23 per cent of people aged 15 to 29 were current smokers, and by 2017 that figure had reduced to 14.7 per cent. It is particularly pleasing that 86 per cent of high school students now have never smoked. That figure was much less before. These reductions have come as a result of public health measures aimed at reducing smoking, including the establishment of more smoke-free areas, bans on tobacco advertising and excise tax increases for tobacco products.

To continue this downward trend, we are undertaking legislative reform as a key part of the government's approach to improving the health of the community. The sale, advertising and promotion of e-cigarettes have the potential to undermine the gains we have made in this area by creating a gateway for young people to develop nicotine dependence that progresses to tobacco smoking. The South Australian government is not prepared to leave the door open to that possibility.

The bill establishes a regulatory regime for e-cigarettes that aligns with the way tobacco products are regulated. It also balances adult access to these products for the protection of public health, including safeguarding our young people. These safeguards include the following: sales of e-cigarettes to children; the retail sale of e-cigarette products without a licence; indirect sales of e-cigarettes, such as internet sales; e-cigarette sales from temporary outlets, sales trays and vending machines; the use of e-cigarettes in areas that are smoke-free under the act; advertising, promotions, specials and pricing promotions for e-cigarettes; and retail point-of-sale displays of e-cigarettes. I seek leave to continue my remarks.

Leave granted; debate adjourned.