Federal Government Announces Commencement of E-Cigarette Inquiry
Friday 26 May 2017 @ 9.51 a.m. | Legal Research | Trade & Commerce
The Australian Parliament’s Health, Aged Care and Sport Committee (the Committee) has recently announced that it has commenced an inquiry into the Use of Electronic Cigarettes and Personal Vaporisers in Australia.
In a previous TimeBase article, it was also revealed that the Federal Court had penalised three online e-cigarette retailers for breaches of the Australian Consumer Law (the ACL) [contained in Sch 2 to the Competition and Consumer Act 2010 (Cth)].
Terms of Reference
The Committee's terms of reference require it to report on the economic and social impact of legislation, policies or Commonwealth guidelines, with particular reference to, in part:
- the sale and use of tobacco, tobacco products, nicotine products, and e-cigarettes, including any impact on the health, enjoyment and finances of users and non-users;
- the sale and service of alcohol, including any impact on crime and the health, enjoyment and finances of drinkers and non-drinkers; and
- the sale and use of marijuana and associated products, including any impact on the health, enjoyment and finances of users and non-users.
Definition of E-Cigarette or ENDS
As defined in the Senate Economics References Committee document [at page 2, 1.10], they are defined as:
... and also at [page 3, 1.11]:
Regulation of E-Cigarettes in Australia
In Australia, ENDS are regulated under a complex combination of Commonwealth and State laws. While no laws are yet directed specifically at the regulation of ENDS, laws regulating poisons, therapeutic goods and tobacco control affect the legal status of the devices. Under this regulatory framework e-cigarettes containing nicotine are not uniformly available for commercial sale in Australia.
Reaction from the Committee
The Committee Chairman, Trent Zimmerman MP, stated:
Submissions to the Committee
Submissions from interested individuals and organisations are invited by 6 July 2017.
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Sources:
E-Cigarette Inquiry Commences – Parliament of Australia Media Release
Economics References Committee—Senate Standing Interim report