LEGISLATIVE ASSEMBLY FOR THE

AUSTRALIAN CAPITAL TERRITORY

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 NOTICE OF MOTION

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Dr Marisa Paterson MLA: I give notice that I shall move - that this Assembly:

• Notes that:
  1. Vaping is the inhaling of a vapor created by an electronic cigarette (e-cigarette) or other vaping device;
  2. Ingredients in e-cigarettes include e-liquids and may or may not include nicotine and other toxic contaminants. The coil of an e-cigarette releases heavy metals which are inhaled;
  3. E-cigarettes are relatively new products, and the evidence is still evolving around their health impacts, however studies have shown negative health impacts;
  4. In line with the nationally agreed Principles that underpin the current policy and regulatory approach to electronic cigarettes (e-cigarettes) in Australia, under the Tobacco and Other Smoking Products Act 1927 (ACT) it is an offence to: 
     1. supply vaping products to people aged under 18;
     2. be reckless about whether the person to whom the vaping product is sold is under 18 years old (including failing to check identification);
     3. purchase a vaping product for use by someone aged under 18 years old; and
     4. display advertisement for e-cigarettes and vaping products;
  5. Under the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT) it is an offence to commercially sell or supply liquid nicotine for use in e-cigarettes;
  6. The advertising of vaping products, including packaging, is not currently regulated under Commonwealth legislation;
  7. Young people, under the age of 18, in our community are vaping, which can create pathways to tobacco smoking nicotine addiction;
  8. ACT Health is working with the ACT Education Directorate to raise awareness of the impacts of e‑cigarettes for children and young people;
  9. There is currently insufficient evidence to show whether e-cigarettes are effective in helping people to quit smoking; and
  10. In 2020, the ACT Government’s submission to the Australian Senate Select Committee on Tobacco Harm Reduction, called for:

1. 1. 1. effective internet safeguards to prevent children purchasing vaping products;
      2. national regulations, or nationally recognised approach to flavoured nicotine vaping products;
      3. regulation of e-cigarette packaging and product names to ensure their use is not marketed to appeal to young people;
      4. display of health warnings or advisories consistent with evidence, as validated by the National Health and Medical Research Council; and
      5. requirement for child-proof packaging for nicotine liquid and nicotine salts.

• Calls on the ACT Government to:
  1. continue to develop programs that educate and inform Canberrans, particularly younger Canberrans, about the risks of e-cigarettes and prevent their uptake and use;
  2. review relevant ACT legislation to ensure current arrangements are contributing to minimising the harm being caused by e-cigarettes and vaping, across our community, and particularly young people;
  3. continue to advocate with relevant Commonwealth Ministers for amendments to Commonwealth legislation to regulate e-cigarettes by:
     1. amending the national tobacco control legislation to expand the scope of the plain packaging and advertising legislation to include non-tobacco smoking products;
     2. restricting the type of e-liquid flavours and vaping devices permitted to be sold in Australia to those that are less likely to appeal to children and young people; and
     3. requiring child-safe packaging;
  4. seek consideration by the Health Ministers’ Meeting on stronger national measures for vaping products including e-cigarettes;
  5. report back to the Assembly on progress no later than the first sitting week in December 2022.

Dr Marisa Paterson MLA

3 August 2021