David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

by leave—I move amendments (1) and (2) on sheet 8358:

(1) Clause 2, page 2 (at the end of the table), add:

10. Schedule 10 The day after this Act receives the Royal Assent.

(2) Page 195 (after line 3), at the end of the Bill, insert:

Schedule 10—E-cigarettes Therapeutic Goods Act 1989

1 After section 52E Insert:

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

(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 on and after the day that is 12 months after the commencement of this section.

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

These amendments represent a first step towards removing the ban on e-cigarettes. Currently the Commonwealth's Poisons Standard has nicotine classified as schedule 7, which is for dangerous poisons. There are exemptions provided for a handful of products, including products packed and prepared for smoking, such as cigarettes, and nicotine-containing products for quitting smoking, such as gums and patches. The states and territories rely on the Commonwealth Poisons Standard when determining what can and cannot be sold. So, because the Commonwealth Poisons Standard provides an exemption for cigarettes but not e-cigarettes, the states and territories allow the sale of cigarettes but not the sale of e-cigarettes.

This makes no sense at all. There is no evidence that e-cigarettes are remotely as harmful as cigarettes. In fact, a report commissioned by Public Health England concluded that e-cigarettes are 95 per cent less harmful. And there's no evidence that e-cigarettes could lead to more people taking up cigarette smoking compared with the number of people who could use e-cigarettes to quit cigarette smoking. What evidence there is suggests that e-cigarettes would reduce the overall level of cigarette smoking.

What it comes down to is this: Australia bans e-cigarettes because our public health officials have a chip on their shoulder. They're happy for people to use patches and gums instead of cigarettes, but they don't like e-cigarettes, presumably because vaping looks something like smoking and because the tobacco companies, which they hate, will want a piece of the e-cigarette market—and I suspect also because they worry that people might actually enjoy using e-cigarettes. Either our public health officials need to get over their hang-ups or our government needs to stop taking their word as gospel. Comparable countries around the world, including the UK, the EU, the US and soon Canada and New Zealand, have allowed the sale of e-cigarettes. And right now Australians are free to purchase e-cigarettes as long as they import them from a business overseas. They can't buy them in Australia from an Australian business. This is reverse protectionism. It hurts Australian businesses, it misses opportunities to gather tax revenue and it prevents our regulators from regulating the sale of e-cigarettes for the good of consumers. Any notion that we can maintain this virtual prohibition policy once e-cigarettes become available in New Zealand is delusional.

My amendment would change the Commonwealth's Poisons Standard so that e-cigarettes would be classified the same as cigarettes. Whilst cigarettes remain exempted from the schedule 7 dangerous poisons classification, e-cigarettes would be exempted too. My amendments wouldn't commence for 12 months, which would give the Commonwealth an opportunity to make any regulations for e-cigarettes within its area of responsibility and to start discussions with states and territories on the treatment of e-cigarettes in their laws. It's modest, it's a sensible and practical amendment and I commend it to the Senate.