NSW Parliament Passes Bill Banning E-Cigarette Use in Public Places

“This bill proposes to amend the Smoke-free Environment Act and the Passenger Transport (General) Regulation to prohibit the use of e-cigarettes in areas which are smoke-free areas for tobacco products. These changes would prohibit e-cigarettes from being used in certain public areas, as tobacco products currently are. In addition, the bill will amend the Public Health (Tobacco) Act to ensure that e-cigarette retailers are required to notify the Health Secretary, in the same way that tobacco retailers are. The bill is necessary as evidence is now emerging that there are potential health risks from the substances in e-cigarette vapours, even where there is no nicotine in the e-liquid.

This bill will introduce measures to minimise the known and possible risks of e-cigarettes through restricting second-hand exposure to e-cigarette vapour. The bill will help to establish norms about where it is acceptable to use these products before their use is more widespread. The popularity and use of e-cigarettes is growing across the world. Regulators everywhere are faced with the challenge of responding in a way that is balanced and proportionate to the potential risks and benefits of these products.”

• to sell e-cigarettes and e-cigarette accessories to any person under the age of 18 (minor)
• for adults to buy e-cigarettes and e-cigarette accessories on behalf of minors
• to operate or use a vending machine that dispenses e-cigarettes and/or e-cigarette accessories on behalf of a minor
• to use e-cigarettes in cars with children under the age of 16 present.

“In 2017 the Chief Executive Officer of the National Health and Medical Research Council released an updated statement on e-cigarettes to assist the public in understanding the current evidence about the safety and efficacy of electronic cigarettes. It stated that e-cigarettes expose both users and bystanders to particle pollution that may worsen existing illnesses or increase the risk of developing cardiovascular or respiratory disease. Vulnerable groups such as children, pregnant women, people with cardiovascular and respiratory diseases and older people are more sensitive to the adverse health effects of particulate matter. E-cigarette vapours have been found to contain toxins, metals and chemicals. Some of these substances, like formaldehyde, are already known to cause cancer.

The New South Wales Government is acting now to protect vulnerable bystanders from passive exposure to vapour in places where they can least avoid it and in places and areas frequented by children and families—for instance, within 10 metres of children's play equipment, within four metres of an entrance to a public building, at public transport stops and stations and on a bus or on a train. I am also aware of concerns and evidence that e-cigarette use by young people may increase their risk of ever using cigarettes and act as a gateway to nicotine addiction.”

“The object of this Act is to promote public health by reducing exposure to tobacco and other smoke in certain public places.”

“The object of this Act is to promote public health by reducing exposure to tobacco and other smoke, as well as aerosol or vapour (whether or not containing nicotine) generated by e-cigarettes, in certain public places.”

“use, consume, hold or otherwise have control over a tobacco product, non-tobacco smoking product or e-cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour.”

“The bill amends the definitions of "smoke" in the Smoke-free Environment Act and the Passenger Transport (General) Regulation to include use of e-cigarettes. As a result, the prohibition of smoking in smoke-free areas will apply to the use of e-cigarettes. That means that it will be an offence to use e-cigarettes in enclosed public places and certain outdoor public places such as commercial outdoor dining areas, at passenger transport stops and on passenger transport vehicles, in children's playgrounds and within four metres of a public building. It will be an offence to vape in smoke-free areas, with a maximum penalty of $550 or an on-the-spot fine of $300. Importantly, the bill will bring New South Wales in line with Queensland, Victoria, Tasmania and the Australian Capital Territory. Those jurisdictions already regulate e-cigarettes to prohibit their use in smoke-free areas.”

“The bill will also amend the Public Health (Tobacco) Act to require retailers that sell e-cigarette and e‑cigarette accessories to notify the Health secretary of their premises. This will ensure that e-cigarette retailers are subject to the same notification requirements as tobacco retailers. The notification requirements will enable NSW Health to check retailer compliance with existing requirements for selling e-cigarettes such as restrictions on e-cigarette advertising and display, the ban on selling e-cigarettes and accessories to people under 18 years old, and the ban on selling liquid nicotine. Notification is simple and easy and requires retailers to complete a short online form. Registering with NSW Health does not involve a fee and should take only 15 to 30 minutes via the online form.”