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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-05-06 Daily Xml
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Motions

e-Cigarettes

Ms DIGANCE (Elder) (11:46): I move:

That this house establish a select committee to investigate and report on e-cigarettes and any legislative and regulatory controls that should be applied to the advertising, sale and use of personal vaporisers; and in particular—

(a) the potential for personal vaporisers to reduce tobacco smoking prevalence and harms;

(b) the potential risks of these products to individual and population health from vapour emissions, poisoning and the reduced impact of tobacco control measures;

(c) make recommendations on approaches to the regulation of personal vaporisers under the Tobacco Products Regulation Act 1997, including addressing the following areas—

(i) availability and supply;

(ii) sales to minors;

(iii) advertising and promotion;

(iv) use in smoke-free areas;

(v) product safety and quality control; and

(d) any other relevant matters.

Electronic nicotine delivery systems, also known as electronic cigarettes, e-cigarettes or personal vaporisers, are battery operated devices that can vaporise liquid nicotine into a fine aerosol, which is inhaled into the lungs. Alternatives that do not contain nicotine are also available, and they are available in many flavours. The devices are designed to simulate the look and feel of smoking. Electronic nicotine delivery systems are not specifically regulated, although some are captured by legislation in place if they contain nicotine or look like cigarettes.

Electronic nicotine delivery systems are often marketed as healthier alternatives to conventional tobacco cigarettes; however, conclusive evidence on the health risks or benefits of these systems is not likely to be available for years or even decades. A recent World Health Organisation report recommended that electronic nicotine delivery systems should be regulated to protect public health and ensure that the public has reliable information about risks and benefits.

It is important that we understand the health risks associated with these e-cigarettes to individuals and the community as well as the potential for their use in reducing smoking prevalence. Currently, people can vape on the bus or in a workplace, whereas laws have been in place for decades preventing people from smoking in these same spaces. South Australia does not have legislation designed specifically to regulate these e-cigarettes, but some are captured by legislation in place. Electronic nicotine delivery systems that resemble tobacco products are captured by section 36 of the South Australian Tobacco Products Regulation Act 1997, which provides that:

A person must not sell by retail any product (other than a tobacco product) that is designed to resemble a tobacco product.

This carries a maximum penalty of $5,000. The liquid nicotine designed to use in the electronic nicotine delivery systems is a schedule 7 poison regulated under the Controlled Substances Act 1984. It must not be used for domestic purposes and it is an offence to sell it without a permit, which is not provided for electronic nicotine delivery systems retail sales.

Other legislation that applies to tobacco and smoking does not apply to electronic nicotine delivery systems. This includes bans on sales to minors, use in closed areas, promotion and display. The Therapeutic Goods Administration has not approved electronic nicotine delivery systems for use as aids in withdrawal from smoking and, therefore, these e-cigarettes cannot be sold as quitting aids at this particular time.

In January 2015, Queensland became the first Australian jurisdiction to regulate e-cigarettes in the same way as tobacco products are regulated. New South Wales has announced that it will ban the sale of electronic nicotine delivery systems to minors, while the Australian Capital Territory has undertaken public consultation on proposed regulation. The Western Australian government has successfully prosecuted an electronic nicotine delivery systems retailer for selling a product designed to resemble a tobacco product. The Western Australian Supreme Court found that 'resemble' includes how a product is used as well as its appearance. An appeal to this decision has recently been lodged with the Full Bench of the Supreme Court of Western Australia.

Data from Australia's Poison Information Centre show that calls regarding accidental poisonings from nicotine intended for use in electronic nicotine delivery systems increased from two in 2009 to 54 in 2015. There is sufficient evidence to recommend a precautionary approach to the sale and use of electronic cigarettes. A 2014 World Health Organisation report has found that electronic cigarette aerosol is not merely water vapour, and its use poses serious threats to adolescents and foetuses. In addition, it increases exposure of non-smokers and bystanders to nicotine and a number of other toxins. The report recommends that electronic cigarettes should be regulated to achieve the following regulatory objectives:

to impede the promotion to and uptake of electronic nicotine delivery systems by non-smokers, pregnant women and youth;

to minimise potential health risks to electronic nicotine delivery systems users and non-users;

to prohibit unproven health claims from being made about electronic nicotine delivery systems; and

to protect existing tobacco control efforts from commercial and other vested interests of the tobacco industry.

I believe the unregulated environment in which we find these e-cigarettes or electronic nicotine delivery systems being promoted and sold within South Australia is something this select committee will address and make recommendations on.

Debate adjourned on motion of Mr Speirs.

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