Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to make provision in relation to vaporised nicotine products and to distinguish vaping from smoking, and for related purposes
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Registered 22 Jun 2017
Introduced Senate 19 Jun 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Vaporised Nicotine Products Bill 2017

 

No.      , 2017

 

(Senators Leyonhjelm and Roberts)

 

 

 

A Bill for an Act to make provision in relation to vaporised nicotine products and to distinguish vaping from smoking, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Airports Act 1996                                                                                                        3

Therapeutic Goods Act 1989                                                                                     3

Tobacco Advertising Prohibition Act 1992                                                           4

 

 


A Bill for an Act to make provision in relation to vaporised nicotine products and to distinguish vaping from smoking, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Vaporised Nicotine Products Act 2017.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Airports Act 1996

1  Section 174

Before “The regulations”, insert “(1)”.

2  At the end of section 174

Add:

             (2)  For the purposes of subsection (1), smoking means smoking a tobacco product using a combustion process.

Therapeutic Goods Act 1989

3  After section 52E

Insert:

52EAAA  Certain products to be treated in the same way as tobacco

             (1)  The Secretary must ensure that the current Poisons Standard applies in relation to:

                     (a)  nicotine in electronic nicotine delivery systems in concentrations no greater than 20 mg/mL; and

                     (b)  nicotine in tobacco prepared and packed for heating;

in the same way as it applies in relation to nicotine in tobacco prepared and packed for smoking.

Example:    If nicotine in tobacco prepared and packed for smoking is not included in Schedule 7 of the current Poisons Standard, the Secretary must ensure that Schedule 7 does not include nicotine in electronic nicotine delivery systems in concentrations no greater than 20 mg/mL or nicotine in tobacco prepared and packed for heating.

             (2)  For the purposes of subsection (1), an electronic nicotine delivery system is a product that can be used for the production and consumption of nicotine‑containing vapour, or a component of such a product (including a liquid, cartridge or tank).

             (3)  Subsection (1) applies despite anything in section 52E.

Tobacco Advertising Prohibition Act 1992

4  Section 8 (at the end of the definition of smoking)

Add “using a combustion process”.