Bill
Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024
passed, as at 2024-06-27. Health and Aged Care portfolio.
- Sponsor
- Not recorded
- Portfolio
- Health and Aged Care
Recorded stages
- introduced — 2024-03-21
- second reading — 2024-03-21
- second reading — 2024-03-26
- second reading — 2024-03-27
- second reading — 2024-05-15
- second reading — 2024-05-15
- third reading — 2024-05-15
- introduced — 2024-05-16
- second reading — 2024-05-16
- second reading — 2024-06-25
- second reading — 2024-06-26
- committee — 2024-06-26
- third reading — 2024-06-26
- other — 2024-06-26
- other — 2024-06-27
- passed — 2024-06-27
- royal assent — 2024-06-27
Divisions
- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7169_amend_199fa7f2-506f-4f01-a290-d8c6baad5cea%22;rec=0) to the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea of the bill). This means the usual motion will remain unchanged. The amendment was introduced by Cowper MP [Pat Conaghan](https://theyvoteforyou.org.au/people/representatives/cowper/pat_conaghan) (Nationals). ### Amendment text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House:* > > *(1) criticises the Government for failing to control the illicit vaping market and failing to protect children against the proliferation of vaping products that have exploded in availability through a black market driven by organised crime;* > > *(2) expresses its alarm that the current prescription-only model is failing, with only approximately 10 per cent of vapers purchasing their product legally through prescriptions;* > > *(3) acknowledges the existence and strength of the $1 billion black market vape trade in Australia, which is fuelled by the importation of more than 100 million illicit disposable devices each year;* > > *(4) recognises that resourcing of enforcement measures at the borders and the point of sale has been grossly insufficient and that policy measures such as prohibition have historically not worked;* > > *(5) calls on the Government to consider all policies to prevent children from accessing and becoming addicted to vaping products; and* > > *(6) further criticises the Government for failing to establish or fund its promised illicit tobacco and vaping commissioner".* — 2024-05-15, House of Representatives: negative, ayes 56, noes 84
- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7169_amend_e2e00f59-509b-47fa-a9d0-dd30fc9b26cd%22;rec=0) introduced by South Australian Senator [Anne Ruston](https://theyvoteforyou.org.au/people/senate/sa/anne_ruston) (Liberal), which means it failed. It would have added the words below to the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea of the bill). ### Amendment text > *At the end of the motion, add “, but the Senate calls on the Government to:* > > *(a) provide definitive and objective measures on what it considers constitutes the success or failure of this bill; and* > > *(b) if these measures are not met, move to alternative regulatory models such as allowing vaping products to be sold in general retail”.* — 2024-06-26, Senate: negative, ayes 27, noes 32
- The majority voted against an [opposition amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7169_amend_141f7b4b-4aca-4718-9372-1a4ec04b42a3%22;rec=0) to [government amendment (5)](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7169_amend_09ef1a0c-d7eb-4ff5-8783-d0373cc55d8f%22;rec=0), which means it failed. The amendment would have brought forward the proposed review of the amendments by two years. ### Text of opposition amendment > *(1) Amendment (5), subclause 4(2), omit “1 July 2027”, substitute “1 July 2025”.* ### Text of government amendment (5) > *4 Review of operation of amendments* > > *(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by Schedules 1, 3 and 4 to this Act and any regulations or other legislative instruments made for the purposes of those amendments.* > > *(2) The review must commence no later than 1 July 2027.* > > *(3) The persons who conduct the review must give the Minister a written report of the review within 6 months after the commencement of the review.* > > *(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.* — 2024-06-26, Senate: negative, ayes 27, noes 32
- Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 - in Committee - Government amendments — 2024-06-26, Senate: affirmative, ayes 33, noes 26
- The majority voted against [Opposition amendments](https://www.openaustralia.org.au/senate/?gid=2024-06-26.118.1) on sheets 2586 and 2587, which means they failed. ### Amendment text *SHEET 2586* > *(1) Schedule 1, item 11, page 21 (line 13), omit "or subsection (9)".* > > *(2) Schedule 1, item 11, page 21 (after line 14), after subsection 41QD(6), insert:* > >> *Evidential burden of proof* >> >> *(6A) Despite subsection 13.3(3) of the Criminal Code and section 41QE of this Act a person does not bear an evidential burden in relation to the matters in subsection (9).* *SHEET 2587* > *(1) Schedule 1, item 11, page 26 (after line 17), insert:* > >> *Division 3 — Periodic reporting by Minister* >> >> *41RE Periodic report on smoking and vaping rates* >> >> *(1) As soon as practicable after the end of each reporting period, the Minister must cause a report to be prepared on smoking and vaping rates in Australia.* >> >> *(2) As soon as practicable after the completion of a report, the persons who prepared the report must give the report to the Minister.* >> >> *(3) The Minister must cause each report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.* >> >> *(4) The Minister must be satisfied that each report was prepared in collaboration with such Commonwealth, State and Territory agencies as the Minister considers appropriate.* >> >> *(5) In this section:* >> >>> *reporting period means:* >>> >>> *(a) the period of 6 months beginning on the day this section commences; or* >>> >>> *(b) each subsequent 6-month period.* >>> >>> *Note: The Illicit Tobacco and E-cigarette Commissioner must prepare reports on enforcement statistics, and analysis of those statistics, relating to the illicit tobacco and e-cigarette trade in Australia, including detections and seizures of illicit tobacco and e-cigarette products, and associated arrests. Reports must be prepared every 12 months and tabled in both Houses of — 2024-06-26, Senate: negative, ayes 26, noes 33
- Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 - Consideration of Senate Message - Agree with the Senate's amendments — 2024-06-27, House of Representatives: affirmative, ayes 67, noes 10
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2024-03-21.
This bill would ban bringing into the country, making within Australia, selling, holding for sale, and promoting non-medical and single-use vapes.
The Therapeutic Goods Act would be changed to create a national set of rules for all vapes, giving the Secretary and Minister powers to decide what is covered.
New penalties and criminal offences would apply to people who break the ban, with some exceptions allowed for vapes used to help people quit smoking or manage nicotine addiction.
- Creates new offences and civil penalties for importing, making, supplying, holding for sale, and advertising vapes.
- Allows state and territory officials to enforce the new rules, including seizing, forfeiting, and destroying illegal vapes.
- Lets the government share information with states and territories and other enforcement bodies.
- Extends the Therapeutic Goods Act to cover all vapes, regardless of nicotine content or health claims.
- Adds powers for court registrars and other court officers to issue warrants related to vape enforcement.
Importers, manufacturers, suppliers, retailers, and advertisers of vaping goods, as well as state and territory enforcement agencies.
Sources
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