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Legislative Assembly for the ACT: 2021 Week 08 Hansard (Tuesday, 3 August 2021) . . Page.. 2214 ..


(d) 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:

(i) supply vaping products to people aged under 18;

(ii) be reckless about whether the person to whom the vaping product is sold is under 18 years old (including failing to check identification);

(iii) purchase a vaping product for use by someone aged under 18 years old; and

(iv) display advertisement for e-cigarettes and vaping products;

(e) 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;

(f) the advertising of vaping products, including packaging, is not currently regulated under Commonwealth legislation;

(g) young people, under the age of 18, in our community are vaping, which can create pathways to tobacco smoking nicotine addiction;

(h) ACT Health is working with the ACT Education Directorate to raise awareness of the impacts of e-cigarettes for children and young people;

(i) there is currently insufficient evidence to show whether e-cigarettes are effective in helping people to quit smoking; and

(j) in 2020, the ACT Government’s submission to the Australian Senate Select Committee on Tobacco Harm Reduction, called for:

(i) effective internet safeguards to prevent children purchasing vaping products;

(ii) national regulations, or nationally recognised approach to flavoured nicotine vaping products;

(iii) regulation of e-cigarette packaging and product names to ensure their use is not marketed to appeal to young people;

(iv) display of health warnings or advisories consistent with evidence, as validated by the National Health and Medical Research Council; and

(v) requirement for child-proof packaging for nicotine liquid and nicotine salts; and

(2) calls on the ACT Government to:

(a) continue to develop programs that educate and inform Canberrans, particularly younger Canberrans, about the risks of e-cigarettes and prevent their uptake and use;

(b) 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;

(c) continue to advocate with relevant Commonwealth ministers for amendments to Commonwealth legislation to regulate e-cigarettes by:


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