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:

“… Electronic nicotine delivery systems (ENDS), otherwise known as e-cigarettes, electronic cigarettes or personal vaporisers, are a form of electronic device used to deliver vaporised nicotine or other substances, which simulate the act of smoking cigarettes. Their primary aim is to deliver nicotine to users without the use of tobacco.”

... and also at [page 3, 1.11]:

“… The devices are frequently designed to look like traditional tobacco cigarettes or everyday items such as pens or USB sticks. The technical design of ENDS often varies considerably in regards to battery voltage, unit circuitry and resulting emissions. Some devices allow for user modification, which use accessorial parts in order to change the delivery of the vapour (for example, the potency of the vapour or flavour of the vapour).”

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:

“… the Inquiry will investigate the health impacts of e-cigarettes and personal vaporisers, as well as their marketing and use as an aid for people attempting to quit smoking. The Committee will also consider the appropriate regulatory framework for these products in Australia. Internationally, e-cigarettes are legal in the European Union, the United Kingdom of Great Britain, and the United States of America, are in the process of being legalised in New Zealand, and legalisation is being considered in Canada. We will also look at international approaches to legislating and regulating the use of e-cigarettes and personal vaporisers.”

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

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