Get Involved - Parliament

Public Health (Tobacco) Amendment Bill 2024

Published on: October 2024

Record: HANSARD-1323879322-146101

Public Health (Tobacco) Amendment Bill 2024

Second Reading Debate

Debate resumed from an earlier hour.

Mr ADAM CROUCH (Terrigal) (17:37:10):

I speak on behalf of the Opposition on the Public Health (Tobacco) Amendment Bill 2024. I indicate support for the excellent amendments foreshadowed by the member for Vaucluse, which she outlined in her contribution earlier, leading for the Opposition on this bill. I listened to the contribution of the member for Vaucluse and noted the concerns she raised around the illegal importation and sale of tobacco. While this is a good Government bill—as outlined by the member for Vaucluse—there is an opportunity to go further and not only tackle the scourge of vapes, but also put in significant penalties for the sale of illegal tobacco, currently known as chop-chop. It has an innocent enough sounding name, but it is a very serious issue in our communities.

The member for Vaucluse highlighted a recent incident that occurred on the Central Coast. Alarmingly, it was a repeat of incidents that have occurred down in Victoria, where there is undesirable criminal activity around the sale of illegal tobacco. Sadly, New South Wales and the Central Coast are not immune. Concerns have been raised by the Peninsula Chamber of Commerce. I thank its president, Matthew Wales, for raising those concerns on behalf of the business chamber and the legitimate businesses that it represents on the Central Coast. Sadly, we are seeing turf wars arise because, as outlined by the member for Vaucluse in her contribution to debate, a significant amount of money is being made through sales of illegal tobacco. On Friday 9 August ABC Central Coast reported on a suspicious fire at the tobacco shop in Ettalong, a day after the shop was vandalised. Everyone can see what is going on.

We know the risks of vapes, especially for young people. We have seen this massive rise in the use of vapes. People think they are fun and safe, when the reality is they are not any of those things. This bill sends a clear message that vaping is unlawful. It aligns New South Wales enforcement with Commonwealth laws that came into effect on 1 July, which is a good thing. Under those new laws vapes are available for therapeutic use and may only be supplied by pharmacists, medical practitioners and nurse practitioners to help people deal with their nicotine addiction. Nicotine addiction is very real. It is an incredibly complicated process to wean off cigarettes. Growing up in a family with a number of smokers, I saw how tough it was for them to give up.

Obviously the responsible use of vapes can in some way assist smokers in transitioning away from cigarettes. However, as was outlined by the member for Vaucluse, stores are literally doing under-the-counter illegal sales of these things and putting our young people at risk. The Cancer Council knows it, our health practitioners know it and most parents know it. Criminal elements are involved in the sale of these products to young people. Of course, vaping is also very addictive yet is very trendy. Sadly, we know how dangerous it can be. What studies have revealed about the materials in vapes is deeply concerning. Some vape canisters effectively have antifreeze in them. Young people are ingesting poisons, unaware of the risks they are taking.

I congratulate the Government on bringing this bill to the House. The proposed reforms are good. They create an offence and increase penalties for the unauthorised supply or possession of vapes, which, again, is a very good thing. As outlined by the member for Bega in his contribution to debate, the bill also amends the Poisons and Therapeutic Goods Act 1966 and the Medicines, Poisons and Therapeutics Goods Act 2022 to introduce offences modelled on the Commonwealth Government's recent vaping reforms. It makes consequential amendments to the Criminal Procedure Act 1986, the Public Health (Tobacco) Act 2008 and the Smoke‑free Environment Act 2000. Originally, all of those measures were put in place to help protect people against the dangers of smoking, and will be expanded to protect people against the noxious by-products of vaping.

The bill also creates an offence for the supply of vapes, except by a person authorised to do so, being a pharmacist, medical practitioner, nurse practitioner or other authorised person. Under the bill, the maximum penalty is now seven years imprisonment and 14,000 penalty units, which I believe is about $1.5 million, and appropriately so. The bill also creates an offence for the possession of commercial quantities of vapes, with penalties ranging from 330 penalty units up to 14,000 penalty units, and up to two years imprisonment or seven years imprisonment, respectively. Penalties increase based on the number of vaping goods in a person's possession. Commercial quantities have the same meaning as under the Commonwealth Act from 1 October 2024, being nine vaping devices or 60 accessories and 400 millilitres of the liquids.

There are separate retail possession offences to stop retailers from circumventing the new commercial quantity offences provision, noting the commercial quantities are low. These offences prohibit a retailer from having more than two vaping devices, three accessories or 60 millilitres of liquid in their possession while in the retail stores. It is important to note that the bill does not intend to criminalise the possession of vaping goods for personal use. Those goods are used responsibly by people trying to stop smoking and for other medical reasons. The proliferation of e-cigarettes threatens to undo decades and decades of public health process to cut nicotine addiction in Australia, which was clearly outlined by the member for Vaucluse, and shadow Minister for Health, in her contribution. Single-use vaping devices are incredibly addictive and deliberately designed to appeal to young people.

We have seen the target marketing with e-cigarettes. People are easily able to purchase e-cigarettes online without knowing what chemicals or toxins are in them. They are harmful to people's health, especially young people. Nicotine has been proven to cause all sorts of developmental issues. Given this legislation is increasing those penalties, the member for Vaucluse has foreshadowed some very sensible amendments, which I urge Government and Independent members to seriously consider supporting. There is not just a rise in vaping and illegal activity around vaping but a rapid growth of illegal tobacco sales. As the member for Vaucluse suggested, when a person can buy a packet of illegal cigarettes for $13 versus a packet of the trusted old Winnie Blues for almost $60, there is a massive disparity between the illegal and legal content.

Illegal cigarettes are known as "chop-chop", an innocent-sounding name for an illicit product that does all sorts of damage to people. Organised crime is involved because massive amounts of money can be made. The proposed Opposition amendments send a clear message to those organised crime consortiums that they are on notice and will be penalised to the full extent of the law for selling illegal tobacco, just as they would be for selling illegal vape material. I thank the Government for bringing this bill to the House, and I thank the member for Vaucluse, and shadow Minister, for the sensible Opposition amendments she has foreshadowed. I commend both the bill and those amendments to the House. We need to continue to send the message to all involved that they will not be able to ply their trade with materials that do long‑term harm, especially to some of our most impressionable young people.

Dr HUGH McDERMOTT (Prospect) (17:47:00):

As Parliamentary Secretary to the Attorney General, and member for Prospect, I support the Public Health (Tobacco) Amendment Bill 2024. I thank the Minister for Health for his preparation of this bill and consultation with key stakeholders over quite some time to develop effective reform to better protect our communities from the dangers of vaping. The bill is an important legislative instrument to curb vaping across New South Wales. It supports the national vaping reforms, which seek to protect children and young people from the harms of vaping.

Amending the Poisons and Therapeutic Goods Act 1966, the bill will regulate the supply and possession of vaping goods, consistent with recent amendments to the Commonwealth Therapeutic Goods Act 1989, to ban the supply and commercial possession of disposable, single‑use and recreational vapes in New South Wales. It introduces offences relating to the supply and possession of vaping goods, unless a relevant exception exists, which are modelled on the national reforms. The bill will equip NSW Health inspectors with the means to enforce those offences in New South Wales using their existing enforcement powers. It will ensure enforcement can occur effectively in New South Wales retail settings by New South Wales officers under New South Wales law and, where appropriate, in consultation with other law enforcement bodies.

As Deputy Chair of the Legislative Assembly Committee on Law and Safety, I led an inquiry into e‑cigarette regulation and compliance in New South Wales with my colleague the member for Mount Druitt, and Parliamentary Secretary for Police and Counter-terrorism. We received over 59 submissions from government agencies, public health organisations, advocacy groups, medical professionals and members of our community, and heard from 26 witnesses over the course of two public hearings. We recognised the significant risk posed by vaping and the challenges in enforcement. The committee considered the benefits of implementing reform in step with the Australian Government to provide an improved and uniform regulatory framework. The CEO of Lung Foundation Australia, Mark Brooke, referred to vaping in his submission to the law and safety committee's inquiry as "one of the most significant public health crises facing our country".

Vaping has been known to cause various harms to human health, including nicotine toxicity; e-cigarette or vaping use associated lung injury; irritation, scarring and precursors to poor lung health; increased risk of cardiovascular disease; worsening of mental ill-health symptoms; dental disease; burns and injuries; and nicotine dependence. The use of vapes is particularly concerning given the uncertainty about materials contained within each device. Vapes can contain chemicals like propylene glycol, nicotine and flavouring ingredients, which, when mixed and heated, may cause a chemical reaction and produce new substances harmful to human health. A recent study undertaken by the University of Wollongong analysed the chemical content of 750 e‑cigarettes. Of the 750, 428 were collected from retailers illegally supplying products over the counter and 322 had been confiscated from students in New South Wales high schools.

While many of the devices claimed to contain no nicotine on the product label, 98 per cent of them actually did. According to Professor Rowena Ivers of the Royal Australian College of General Practitioners NSW and ACT, some vaping devices can deliver up to 700 per cent of the nicotine content that a consumer would get from tobacco smoking. That high content results in nicotine addiction developing rapidly. I also note that in that study there was talk of a significant amount of metals in vaping products, some of which had melted because of batteries and other things being used. The amount of poisons and carcinogens being ingested by young people, and other users generally, was quite horrific.

The Government recognises that legislation is needed to help curb the widespread emergence of e-cigarette use or vaping, particularly amongst young people. The bill will improve New South Wales enforcement efforts by mirroring the Commonwealth legislation in New South Wales legislation. All vaping goods will be included in the national vaping reforms regardless of nicotine content levels. That will make it easier to enforce as the requirement to test products and prove nicotine content will be removed. New South Wales inspectors generally will not require a warrant for entry, search and seizure of e-cigarettes, resulting in more efficient enforcement activity. That will also ensure New South Wales inspectors have the best tools available to them to do their jobs efficiently and effectively. It is anticipated that the new legislation, with its high penalties and restrictions on public access to e-cigarettes, will encourage higher compliance rates and fewer breaches of the legislation.

E-cigarettes and vapes were initially sold to governments and communities as a therapeutic good, an innovative product to help long-term smokers finally kick the habit and quit. Therefore, if they truly are therapeutic goods, it is entirely appropriate that we regulate them as such. The bill will not take away the ability for patients to legitimately access therapeutic vapes to help quit smoking or manage nicotine dependence. Under the reforms, only pharmacies will be permitted to sell vaping goods, with all other retailers prohibited from doing so. From 1 July 2023 to 30 June 2024, NSW Health inspectors conducted some 2,300 retailer inspections; seized over 425,000 e-cigarettes and other products containing nicotine worth an estimated street value of over $13.7 million; and seized over 8.3 million cigarettes and over 2,600 kilograms of other illegal tobacco products worth an estimated street value of over $9.8 million.

Those results attest to the dedicated efforts our enforcement officers are applying to disrupt the availability of vapes in our community. It is vital that we improve their enforcement powers to see a greater number of the products seized to prevent harmful and addictive impacts of vaping in New South Wales. Vaping is a public health menace, and the rapid rise in vaping among young people is extremely alarming. The Australian Secondary Students Alcohol and Drug Survey shows that about one in eight 12- to 15-year-olds and one in five 16- to 17‑year‑olds have vaped in the past month. Alarmingly, the study reported that 23 per cent of students tried vaping for the first time when they were 12 years old or younger. Children under 12 years of age used to visit their local convenience stores to grab a packet of Twisties or a lolly bag, but now they are purchasing vapes—and vapes are marketed towards that demographic.

Vapes are eye catching to our young people. They are colourful, covered in cartoon characters and often shaped like fruits or emojis. With flavours like gummy bears, popcorn and bubblegum, manufacturers are aiming to deliberately entice young people to buy and become addicted to vaping. Cancer Council NSW expressed concern about the gateway effect, with young people who vape being three times more likely to take up tobacco smoking than those who have not vaped. Strong and decisive action is needed to arrest and reverse the increase in vaping and to prevent long-term adverse effects on population health before it is too late.

Extension of time

During the inquiry into vaping held by the law and safety committee, hearings were held in-camera with young people. Those transcripts will not be released and I will not go through them in detail. The evidence was quite terrible, and I remember one in particular. It was a 16-year-old girl who had been very sporty and involved in local sports activities and at school et cetera. She changed schools, became quite isolated and was looking for new friends. At 10 years old, she started vaping as a way to try to make friends. At 11 years old, she became an addict. She was just one example of many of her peers who had done exactly that. []

This poor 11-year-old, who is now 16 years old, had major health problems. Her sporting abilities went out the window because she was now so addicted to vaping. She linked it in with her social events, as did her friends. Every day they would vape at the school or outside the school. It got to a situation where her health had deteriorated a great deal. She was very brave. She came and gave evidence before the committee at an in-camera hearing and was supported by the Advocate for Children and Young People. If anything could convince me that vaping is terrible, particularly for young people, it was the fact that this healthy young woman who had a huge future ahead of her was already poisoned by vaping and now probably has a lifetime of trying to rebuild her health.

Australasian Medical Gazette

The use of tobacco advertising began in the 1850s in Australia, when colonial tobacconists advertised tobacco products during the gold rush. As early as 1896, the first statistics highlighting a correlation between tobacco use and cancer were presented in the . In 1896 they realised for the first time that tobacco was poisoning people and causing cancer in Australians. In 1903, New South Wales introduced a law to curb smoking by juveniles, enforcing the legal age of smoking as 16 years. We have been fighting this harmful substance for over a century, and it is core to our values as a Labor government to fight the dangerous health impacts of such substances.

Just over 50 years ago, a Labor government introduced the first restrictions on tobacco advertising when in 1972 Federal legislation was implemented banning tobacco advertising on television and allowing health warnings to be printed on tobacco packs. Just over 10 years ago a Labor government introduced world-leading plain packaging laws on tobacco products. Today it is our turn to act in New South Wales. I ask this of all members in this House: If you had the opportunity to step back in time to regulate tobacco use at its beginning, would you? Would you go back and prevent generations of Australians from being impacted by that hidden danger? The evidence around the dangerous trend is clear: Vaping is leading our youngest generation to long-term nicotine addiction and major health impacts.

As parliamentarians in this place today, we all have the responsibility to act now to safeguard the health of young Australians for generations to come. As a government, we know vaping poses increased risks to our children and young people. We know vaping is an early catalyst to a lifetime of nicotine dependence. The bill is an important step to improve New South Wales' enforcement efforts to combat vaping before it is too late. I commend the bill to the House.

Mr PHILIP DONATO (Orange) (18:00:19):

I speak in support of the Public Health (Tobacco) Amendment Bill 2024. I do so because I hear time and again from parents across the communities that I represent that they are very worried about the rise of vaping, especially among young people. I too was a member of the Law and Safety Committee, of which the member for Mount Druitt was the chair and the member for Prospect was the deputy chair. The e-cigarette inquiry heard substantial evidence during the course of the public hearings and in‑camera hearings. Over 59 submissions were made to the inquiry. I learnt a lot about the significant risks of harm that vaping products instil. We have heard from other speakers that vaping products are attractive. They are engineered to promote and encourage young people to take up vaping through their use of flavours and colourful packaging adorned with cartoon characters. They are predominantly designed for and targeted at young people.

One of the things that the member for Prospect raised during his speech, which I also reiterate, was the evidence that was heard during the hearings about some of the ingredients or products used in the manufacture of a lot of illegal vapes. They are predominantly produced and manufactured in China and then imported. From the evidence that we heard, the vapes contain significantly higher levels of nicotine than any packet cigarettes. One witness told the hearing that smoking a disposable vape was the equivalent of 600 puffs of a cigarette, so there are high levels of nicotine.

But it is not just the nicotine, which is obviously highly addictive and dangerous and is one of the main ingredients in those vapes. There are also things like arsenic and weedkiller. Other carcinogenic chemicals and ingredients were also found in those vapes. I am sure most people—most young people especially—would have no idea of the contents of the vapes that they are ingesting into their bodies. Antifreeze and engine coolant were also found in some vapes. Putting it in that perspective, if the level of carcinogenic materials that are in vapes was more broadly communicated across the community, I think many people would think twice before taking up vaping.

Vaping is quite prevalent amongst young adults as well. One of my sons vapes, which I do not really like, but it is quite popular among young people. One of the risks associated with vaping is how easily addictive it can be because of the high levels of nicotine in the vapes. As the member for Prospect said, the young person who we heard evidence from in camera got addicted very quickly. That is consistent with what we heard from many of the other witnesses during the inquiry—that it is a highly addictive drug and that, once one is addicted, the addiction is very difficult to break. I am glad the Government is taking action to address this issue.

The bill amends the Poisons and Therapeutic Goods Act 1966 and the Medicines, Poisons and Therapeutic Goods Act 2022 to introduce offences modelled on the Commonwealth Government's recent vaping reform. From 1 July 2024 the importation, manufacture, supply and possession of vaping goods was banned by the Commonwealth under the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024. Under the new laws, vapes are available for therapeutic use and can be supplied by pharmacists, medical practitioners and nurse practitioners. To facilitate the role of New South Wales in supporting the enforcement of those new offences, the bill adopts the offences relating to supply and possession of vapes.

The changes in the bill will align New South Wales legislation with the Commonwealth legislation, while specifically referencing New South Wales offences that ban the supply and possession of vaping products unless otherwise authorised for therapeutic use. That will reduce the complexity of our inspectors' powers to enforce vaping goods laws and will streamline the compliance and enforcement response, ensuring a more efficient and effective use of resources.

The resourcing of inspectors is certainly an issue in my community. One health inspector covers a huge area in western New South Wales and struggles to do compliance, check and attend premises, and go through the process. Often it is put back on the local police to go around to tobacco shops, corner shops or wherever vaping products may be sold. More focus and more resources, especially in regional areas, needs to be placed on the inspectors so that they can do the appropriate compliance.

Mirroring the Commonwealth legislation ensures that our inspectors have the best tools available to them to get on with doing what we need them to do, which is to ensure that vapes are not illegally getting into the community. It is anticipated that the higher penalties and restrictions in the new legislation will encourage higher compliance rates and fewer breaches. I am passionate about ensuring that inspectors get out into the community to clamp down on illegal vapes. As a legislator, I take my responsibility very seriously to do what I can do protect our vulnerable citizens—and our young people especially—from the harmful tobacco and poisons found in vapes. The bill is an important step in the right direction to improve enforcement across New South Wales. I commend the bill to the House.

Ms DONNA DAVIS (Parramatta) (18:07:44):

I speak to the Public Health (Tobacco) Amendment Bill 2024. I acknowledge the previous speakers and thank them for their contributions to the debate. The widespread sale of e-cigarettes across the nation and its concerning health effects inspired the Commonwealth Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024, which came into effect in July this year. From 1 July 2024 the Commonwealth legislation has prohibited the import, manufacture, sale and possession of commercial quantities of e-cigarettes, regardless of whether they contain nicotine, unless they are for therapeutic use. Supply of e-cigarettes by medical practitioners, nurse practitioners and pharmacists is permitted.

The New South Wales Public Health (Tobacco) Amendment Bill 2024 mirrors the Commonwealth offence provision relating to vaping products to better support enforcement. To support and streamline enforcement by New South Wales tobacco inspectors, it is proposed to mirror those offences and penalties in New South Wales legislation. That will allow our inspectors to use their existing enforcement powers to ensure compliance. The bill is focused on vaping reforms and will not include a change to tobacco penalties; the Government is considering those matters.

These reforms will streamline enforcement efforts on many fronts. Only pharmacies will be permitted to sell vaping goods, with all other retailers prohibited from doing so. People who have been lawfully supplied vapes for personal therapeutic purposes through a pharmacy or GP will not be prosecuted. That change will make it easier for our health inspectors to remove illicit vapes in a retail setting and not target users or empower police to search people for vapes. All vaping goods are included in the national vaping reforms, regardless of nicotine content.

Mirroring the Australian Government's offences in New South Wales legislation will make it easier for New South Wales to enforce the law because there is no requirement to test products and prove that e-cigarettes contain nicotine. Mirroring the offences in New South Wales legislation will mean that New South Wales inspectors will generally not require a warrant for entry, search and seizure for e-cigarettes, resulting in more efficient enforcement activity. Mirroring the Commonwealth legislation will ensure that New South Wales inspectors have the best tools available to them to do their jobs efficiently and effectively.

The New South Wales bill will not regulate manufacturing, and penalties are slightly different from the Commonwealth legislation. The Commonwealth will take responsibility for enforcing restrictions on importation, manufacture, sponsor supply and advertisement. The inclusion of that in our bill would put us out of step with all other medicines and therapeutic goods and the way they are regulated across the country. Currently, penalty unit values in New South Wales are almost three times lower than the Commonwealth and often there are difficulties in translating the exact value across the two pieces of legislation. Penalties in the New South Wales bill will be mirrored as close to the number as we can. The penalty unit amounts in the current New South Wales bill will be increased by a factor of 2.8. Those differences will reduce the complexity of our inspectors' powers to enforce vaping goods laws and will streamline the compliance and enforcement response, ensuring a more efficient and effective use of resources.

To highlight the importance of the bill and the necessity to improve and support enforcement, the Ministry of Health seizure statistics outline that from 1 July 2024 to 31 August 2024, 18 inspections were conducted in the Western Sydney Local Health District, whereby a total of 2,106 illicit nicotine products, 107,813 illicit cigarettes and 10.8 kilograms of illicit tobacco were seized, totalling a value of $180,801. These reforms will improve inspections and seizures and ultimately provide a safer space for people and youth in the State. I thank the Minister for Health, Ryan Park, for introducing the bill to amend the Poisons and Therapeutic Goods Act 1966, the Medicines, Poisons and Therapeutic Goods Act 2022, the Criminal Procedure Act 1986, the Public Health (Tobacco) Act 2008 and the Smoke-free Environment Act 2000. It is important that we get the settings right. It is important that we keep our communities safe. I commend the bill to the House.

Mrs HELEN DALTON (Murray) (18:12:49):

I express my strong support for the Public Health (Tobacco) Amendment Bill 2024. The Commonwealth's vaping reforms came into effect on 1 July this year, banning the sale of vaping products nationwide, and this bill is another vital step forward. It aligns New South Wales law with the national reforms and strengthens our ability to enforce those rules on the ground. It is time to get serious about vaping. This legislation introduces specific supply and possession offences within New South Wales to ensure that our inspectors have the authority to crack down on illegal vapes and nicotine products—just as the Commonwealth reforms intended.

E-cigarettes, or vapes, are an emerging public health crisis, hooking young people into nicotine addiction. I know firsthand what is going on in high schools. After decades of progress in reducing smoking rates, we are now seeing those gains under threat. It is alarming to witness a new generation exposed to chemicals and toxins that pose serious health risks, including cancer, lung disease and cardiovascular complications. These devices are not harmless. The aerosol in vapes contains over 200 chemicals, many of which are toxic. Health issues linked to vaping include lung damage, dizziness, throat irritation and nausea. I heard on Radio National about a young 15‑year-old schoolboy in South Australia who took a number of puffs on a vape while at a party and became unresponsive for many hours. That is a parent's absolute nightmare.

New South Wales has long been a leader in tackling tobacco-related harm. Through NSW Health, governments have implemented a robust strategy to protect young people and the community from the dangers of both e-cigarettes and traditional tobacco. That includes education campaigns, quit programs, the enforcement of smoke-free areas and targeted initiatives for at-risk communities. The bill will ensure that we build on that momentum. By introducing new supply and possession offences modelled on Commonwealth law, we are giving New South Wales authorities the tools they need to act swiftly and effectively in enforcing these regulations. It is about ensuring these dangerous products do not end up on our streets or in the hands of young people.

While I commend the Government's efforts, we must recognise that there is always room for improvement. In Griffith, my home town, serious drug and alcohol issues persist. This moment presents the New South Wales Government with a perfect opportunity to invest in a much-needed drug and alcohol unit at the new Griffith Base Hospital redevelopment. A critical service to address the growing substance abuse challenges in the region and provide vital support to the community. We need that drug and alcohol unit at our hospital now. Finally, I foreshadow that I have two small amendments to the bill to correct drafting errors, which I hope the Parliament will support. With those changes, I am confident the bill will significantly strengthen our public health efforts. I commend the bill to the House.

Mr EDMOND ATALLA (Mount Druitt) (18:16:25):

I contribute to debate in support of the Public Health (Tobacco) Amendment Bill 2024. The bill aims to amend various pieces of legislation to align with the recent Commonwealth vaping reforms. The Legislative Assembly Committee on Law and Safety, of which I am the chair, recently held an inquiry and produced a corresponding report on e-cigarette regulation and compliance in New South Wales. The inquiry highlighted the severity of the risks associated with e-cigarette use within our community. It emphasised the need for the New South Wales Government to support the Commonwealth Government's vaping reforms The inquiry also stressed the importance of working closely with Federal agencies to align enforcement and compliance efforts.

The bill introduces changes to support New South Wales officers to enforce the offences that ban the supply and possession of vaping goods unless authorised for therapeutic use. It is an important measure to help improve New South Wales enforcement efforts in relation to the recent Commonwealth vaping reforms, which ban from 1 July 2024 the importation, manufacture, supply and possession of vaping goods, unless a relevant defence or exception applies. The bill introduces offences relating to the supply and possession of vaping goods, which are modelled on the Commonwealth offences. The bill does not include offences relating to importation and manufacturing because the enforcement of these matters generally falls within the remit of the Commonwealth Therapeutic Goods Administration.

Vapes available on the illicit market are illegally imported into Australia without complying with any of the standards that apply to therapeutic vapes sold by community pharmacies. Those vapes are known to contain harmful chemicals that can cause throat irritation, breathlessness, headaches, nausea and lung damage. It is vital that we give New South Wales officers the tools they need to stop the retail sale of illicit vapes in our communities. Research in New South Wales shows us that, among young people who vape, the majority started at the age of only 14 or 15, and the proportion of people aged 16 to 24 who regularly vape has increased from 1.7 per cent to 18.9 per cent in the past 10 years.

The latest research in Australia indicates that 12- to 17-year-olds who have vaped are almost five times more likely to take up tobacco smoking than people who have not vaped. Without a strong response to the problem of youth vaping, we risk subjecting a new generation of children in New South Wales to the dangers of nicotine addiction, undermining decades of progress made through the Government's advocacy and awareness campaigns and successful "quit smoking" supports. NSW Health has an active compliance program for tobacco and vapes, and takes strong enforcement action on the illegal supply of vaping products. Enforcement action is taken by NSW Health if retailers are found to be breaching the law. That includes display and advertising, restrictions on tobacco products, vaping products and non-tobacco smoking products, selling illegal products or selling any tobacco or vaping products to minors.

NSW Health carries out vaping enforcement activities across the whole State, working with our local teams on the ground. In the 12 months from 1 July 2023 to 30 June 2024, NSW Health conducted over 2,300 retail inspections and seized over 425,000 nicotine vapes, 8.3 million illegal cigarettes and 2,600 kilograms of other illegal tobacco products, all with a street value of over $23.5 million. At a State level, NSW Health and the NSW Police Force collaborate to combat illegal vape sales, including by conducting joint enforcement operations at a local level. Through national forums, NSW Health is also collaborating with regulators from other jurisdictions, such as the Australian Border Force and the Therapeutic Goods Administration. That includes working together on joint enforcement actions. Changes to the Commonwealth Therapeutic Goods Act have introduced harsher penalties for people who sell illegal nicotine vapes.

The bill will introduce supply and possession offences in New South Wales legislation, to align with the Commonwealth changes, which will allow for consistency in the use of enforcement powers across New South Wales and ensure our inspectors can do their jobs efficiently and effectively. The bill is not a ban on vapes across the board. It is a guarantee that clinically necessary vapes will be available, with the guidance of a healthcare practitioner, to anyone in New South Wales who wants to quit smoking and improve their health. At the same time, the bill will send a clear message that the illicit sale of vapes will not be tolerated. It is a critical step towards reducing the risk to the people of New South Wales, particularly the youth who are exposed to the dangers of nicotine addiction. I commend the bill to the House.

Ms FELICITY WILSON (North Shore) (18:22:44):

I contribute to debate on the Public Health (Tobacco) Amendment Bill 2024. I was born in the 1980s, an era when many people smoked, as Temporary Speaker Greenwich was also telling me. I would like to say that I did not smoke in the '80s, but I was the youngest of three children. Having cigarettes in the household meant that, from time to time, kids thought it was funny to get younger kids to try to smoke cigarettes out the back of the sheds at home. That is the type of behaviour—the notion that, from a young age, kids will think that smoking is cool, fun or interesting—that, over the subsequent decades, society has tried to stamp in order that the addiction embedded in many of our parents, grandparents and peers would not follow through into future generations.

The sad reality we face today is that the proliferation of tobacco products and vaping is creating significant problems for future generations of Australians, and we need to do lot more than we currently are to address it. This bill takes steps towards addressing some of the challenges with vaping, but it does not do enough. We all need to commit to doing a lot more. Before I turn to the detail of the bill, I will outline some of the key issues and concerns related to vaping and e-cigarette use. In recent years we have seen a dramatic increase in the use of e‑cigarettes or vaping. Of particular concern is the increased use among young people.

What was once marketed as a safer alternative to traditional smoking—and I remember there were times in our own party room when we discussed whether or not we should support vaping as a way for people to get away from an addiction to cigarettes—has now become a new public health crisis of its own. It is ensnaring this new generation in the dangers of nicotine addiction and exposing them to chemicals that we are only beginning to understand. While nicotine addiction is a major concern, it is far from the only risk posed by vaping. E-cigarette aerosols, often mistakenly referred to as "harmless vapour", contain a cocktail of chemicals. Not only can they harm the respiratory systems of the people who are utilising the vapes; they also have passive impacts on the people around them.

The Australian Medical Association believes that vaping is a significant public health issue for Australia, as children and young adults use vapes as their first nicotine-based product. Those young people are not trying to quit, as they have never smoked before. It is the gateway into future addiction. Nicotine is a highly addictive substance, and young people are particularly vulnerable to its effects. Beyond addiction, nicotine has been shown to impair brain development in young people, affecting areas responsible for learning, memory and attention. The long-term health effects of vaping are unknown. However, early evidence suggests that vaping may increase the risk of chronic lung diseases, cardiovascular problems and even cancer.

Another troubling issue is the vaping industry's deliberate targeting of young people. Through slick marketing, colourful packaging and appealing flavours like bubblegum, mango and cotton candy, e-cigarette manufacturers have created products that are tailor-made for adolescents—not even young people in their late teens but young children. Social media in particular has become a breeding ground for vaping culture, where influencers promote these products to their followers. It is a calculated strategy by the industry, which seeks to replace the declining number of traditional smokers with a new generation of nicotine consumers.

I will now outline the purpose of the bill and the proposed reforms. The bill will align New South Wales with the Commonwealth by including specific New South Wales offences that ban the supply and possession of vaping goods, unless authorised for therapeutic use. From 1 July 2024, new Commonwealth laws became enforceable, which means that all vaping products, regardless of nicotine content, can only be prescribed by a medical or nurse practitioner and dispensed from a pharmacy in Australia. The proposed reforms outlined in the bill will create offences and increase penalties for the unauthorised supply and possession of vapes.

The bill will create an offence for the supply of vapes except where it is by a person who is authorised to do so, being a pharmacist, medical practitioner or nurse practitioner. The maximum penalty is seven years imprisonment, or 14,000 penalty units. The bill creates offences for possession of commercial quantities of vapes, with penalties ranging from 330 penalty units up to 14,000 penalty units, and two years imprisonment up to seven years imprisonment. The penalties increase based on the number of vaping goods in a person's possession. There are separate retailer possessions offences to stop retailers from circumventing the new commercial quantity offence provision, noting the commercial quantities are low. These offences prohibit a retailer from having more than two vaping devices, three accessories and 60 millilitres of liquid in their possession while in the retail stores.

It is important to note that the bill does not intend to criminalise the possession of vaping goods for personal use. Given that this legislation is increasing penalties for the possession and sale of vaping goods, there is an opportunity to also increase penalties in relation to the main tobacco-related offences. I recognise the amendments foreshadowed by the member for Vaucluse, which would ensure that we can work towards impacting the main tobacco‑related offences. Alongside the challenges of vaping, we are seeing a rise in illegal tobacco, which is significantly cheaper than the tobacco that is taxed, regulated and produced in line with the laws and requirements of Australia. That tax revenue also goes towards addressing the health impacts of tobacco and nicotine addiction.

Other jurisdictions in Australia have also seen the rise of the tobacco wars. Victoria in particular has seen significant challenges, as has Queensland. It is also now occurring in South Australia. The tobacco wars are not being fuelled by innocent vape or tobacconist stores selling a bit of candy and a bit of illegal tobacco on the side. They are run by gangs, organised crime and individuals who are using the proceeds from what many people within our community think is a legitimate product—it is legal to smoke—utilising people's reliance on that product, or the fact people are seeking out a cheaper alternative to that product, to fill their coffers to fund other more significant organised crime activities. We need to make sure that we are taking this seriously and taking every opportunity to look at the entire suite of challenges, not just vapes alone.

I also raise the issue of tobacconist stores and the proliferation of them in our communities. Because it is not enough to create legislation and say, "Offences and penalties will be introduced", we need to think about the number of stores, the accessibility of them and their placement around schools and other premises where there is a lot of risk, and we need to think about whether there is the capacity for compliance and enforcement. There are huge issues in other jurisdictions, particularly Victoria and Queensland, in enforcing compliance with the legislation that they have put into place.

Five tobacconist stores operate within 300 metres of my electorate office, most of which have opened in the past two years. The stores generally have quite loud, brash signage saying "Tobacconist". They do not say they are a convenience store or a mini‑mart. They say they are a tobacconist. They often do not even have a fit‑out. They might just have basic concrete flooring and a couple of chip and lolly packets on the sides of the walls. Everybody knows that they are there to funnel illegal products: vapes and illegal tobacco. Yet nothing is done to prevent the opening or licensing of a store. Rather than being required to have a licence or registration to sell tobacco like in other jurisdictions, all a store has to do is notify NSW Health.

We need to look at novel ways of making changes. I recognise that newly elected North Sydney councillors Jess Keen and Efi Carr are looking at whether there is the capability to require development applications to be lodged in the same way that we require for other prescribed premises. My office is across the road from a primary school. So if there are five stores within 300 metres of my electorate office, they are also within 300 metres of all the students from that school. They are in the major transport hub of Neutral Bay and exposed to many individuals, particularly young people, encouraging them to access those types of products. We know that those stores trade in illegal disposable vapes, e‑liquid nicotine refills and illegal cigarettes.

I note that the Minister's second reading speech indicated that in July NSW Health and the Therapeutic Goods Administration conducted 60 retailer inspections, which seized 12,000 vapes, 2,000 nicotine pouches, over 730,000 cigarettes and 135 kilograms of flavoured and loose-leaf tobacco. But, as the member for Vaucluse has acknowledged, that was 60 inspections at 19,000 locations across our State. If that is what has been seized in 60 locations in a very small, short blitz, we know the problem is immense and has proliferated well beyond that. I want to see the Government and every member in this Chamber focus much more strongly on additional ways to ensure compliance and enforcement and keep our community safe. While I believe the bill is a step forward in addressing the spread of these unhealthy practices, there is still much more we need to do as a State. The Opposition supports the legislation but will also hold the Government to account to do a lot more.

Ms MARYANNE STUART(Heathcote) (18:32:25):

I strongly support the Public Health (Tobacco) Amendment Bill 2024. While vaping goods, irrespective of nicotine content, have been banned since 1 July in New South Wales and Australia as part of the Commonwealth reforms, the purpose of the bill is to introduce supply and possession offences in New South Wales legislation that are aligned with the Commonwealth reforms. The changes will enable New South Wales officers appointed under New South Wales legislation to use their existing enforcement powers to enforce the new offences. E-cigarettes—also known as vapes—pose a serious public health threat, hooking a new generation of users to a lifetime of nicotine addiction, especially when stores are close to schools—as they are in my electorate of Heathcote—with flashing lights in the windows to try to attract the young ones. They are a danger to decades of progress in New South Wales and across Australia in reducing tobacco smoking rates.

We have done so well in addressing tobacco addiction in the past and now we have this new public health issue of vaping. We have gone backwards in State public health. All e‑cigarette users are exposed to chemicals and toxins that have the potential to cause harm. When someone uses an e‑cigarette, the aerosol they inhale can contain over 200 chemicals, some of which have been shown to be harmful to health and can cause cancer and heart disease. Whilst the evidence is still emerging, known health harms associated with vaping include throat irritation, breathlessness, coughing, dizziness, headaches, nausea and lung damage. Rechargeable vapes can also explode, causing serious burns and trauma.

The New South Wales Government has been a leader in addressing this emerging public health threat. NSW Health has a comprehensive program of activities to help protect young people and the broader community from the harms of e‑cigarettes and tobacco. That includes funding for public awareness and education campaigns, quit smoking/vaping support, compliance with and enforcement of smoke‑free retailing laws, and targeted programs for groups with high smoking or vaping rates. In 2023-24 the Minns Labor Government invested an additional $6.8 million over three years to boost enforcement efforts against the sale of illegal vapes and to increase support for young people to quit vaping. Earlier this year the Government launched the $3 million "Every vape is a hit to your health" public health campaign targeted at young people. The campaign connects young people to more information about vaping and quitting, and gives them the support they need.

But more must be done. The bill introduces specific supply and possession offences, which are modelled on the Commonwealth legislation, in the New South Wales poisons and therapeutic goods legislation to help facilitate stronger compliance efforts against e‑cigarettes. They will enable New South Wales inspectors to efficiently and effectively carry out compliance and enforcement activities across the State, which is essential if we are to change this habit. NSW Health's comprehensive e‑cigarette and tobacco compliance program has seen impressive results. In the 12 months from 1 July 2023 to 30 June 2024, NSW Health conducted over 2,300 retail inspections, seizing over 425,000 nicotine vapes, 8.3 million illegal cigarettes and 2,600 kilograms of other illegal tobacco products with a street value of over $23.5 million. The legislative changes in New South Wales will assist those efforts. I thank the Minister for Health and the wonderful staff in his office and from NSW Health for working on this very important issue. I commend the bill to the House.

Mr KEVIN ANDERSON (Tamworth) (18:36:55):

I support the Public Health (Tobacco) Amendment Bill 2024, which is related to vapes. But the bill has problems, particularly in relation to the compliance regime. The Government is relying on health inspectors to roll out the compliance program in the bill. In New England in the north‑west of the State there is one health inspector for the whole area. That inspector is located in Grafton. It is completely unrealistic to expect one inspector to cover the entire area. Enforcing laws and controlling the supply of vapes as well as tobacco will also be a significant challenge in upholding the bill's reforms. Vapes are sold at tobacconists that are popping up like daisies across New South Wales. They are appearing on every street corner.

There are pop-ups with fake shopfronts. There is very little up the front but that is where the tobacco and the vapes are being sold. They are significantly hurting legitimate small family businesses in our region, which have been providing necessary goods and services to community members for a long time. We are finding out from the small business sector, particularly in my area, that those small businesses are suffering a loss in retail trade. It is not just through cigarettes. Someone will come in and buy a packet of cigarettes and then they will pick up a pie, a drink, a paper, a bit of lunch or something else from the shop.

What is occurring is that person is no longer buying their cigarettes from a superette, for example, and is instead going to a tobacconist. The flow-on effect is hurting small businesses. It is putting pressure on small businesses. They are facing increasing costs in running their business, they are losing revenue and there is a threat of losing staff. The significant economic impact is quite dire. I have been contacted by a number of small businesses in my area. One business in my area that is suffering as a result of tobacconists popping up all over the place said:

The detrimental impact of community cohesion, health outcomes, safety for neighbouring businesses and loss of trade for longstanding, reputable existing businesses within the tobacconist industry.

Another business said:

The impact is dire with loss of trade, uncertainty for staff jobs and the stressors on hard working, law abiding small business owners is at breaking point.

Tobacconists that also sell vapes are significantly impacting our local businesses. The bill states that health inspectors will take up the role of ensuring compliance, yet there are no health inspectors to do the job. My suggestion is that it should go to small business. It should go to Fair Trading and SafeWork. The Government should look at increasing fines. It would then be able to recoup the revenue so there is no loss to government to set up a compliance regime through SafeWork. In my view, NSW Health does not have the resources. Other members will talk about how enforcing existing laws and controlling supply are significant concerns. It is about protecting small business.

When looking at recommendations for support and action, the bill clearly does not go far enough. There should be a parliamentary inquiry into what is happening in towns and cities across regional New South Wales. We have heard about the number of tobacconists that are popping up all over the place. Even in Tamworth, Gunnedah, Moree and Port Macquarie, they are having a significant impact. We need stronger regulatory enforcement and increased penalties for offenders. It is a significant, growing problem. It needs to be addressed, and the bill does not go anywhere near far enough on vapes. NSW Health is not in a position to crack down on that particular emerging issue. It is growing fast. The Government is looking to do something about it, but it is not going far enough. It needs to support the longstanding family businesses that are being hurt by tobacconists that are popping up like daisies. Enforcing existing laws and controlling supply will not be addressed by the bill.

Ms KOBI SHETTY (Balmain) (18:42:33):

On behalf of The Greens I oppose the Public Health (Tobacco) Amendment Bill 2024. The bill is enforcement and compliance legislation that will mirror the Commonwealth Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 relating to the supply, possession and use of vaping products. The bill will prohibit the supply of vaping products, other than as therapeutic goods, and limit suppliers to health professionals and pharmacists as authorised under the relevant Commonwealth laws. It will restrict the possession of commercial quantities to those authorised to manufacture, import or supply vaping products. A retailer will only be able to possess non-commercial quantities for personal use or with necessary authorisations.

Further, the bill will make amendments to the Criminal Procedure Act 1986, the Public Health (Tobacco) Act 2008 and the Smoke-free Environment Act 2000. Significantly, it will amend the Poisons and Therapeutic Goods Act 1966 to enable authorities to issue extreme penalties for the unauthorised supply of vaping products. In effect, it will provide new pathways for agencies in New South Wales to enforce the Federal reforms regarding the possession and supply of vaping products, but that is work that they are already equipped to do and are already doing. The Federal legislation on vaping requires that vaping products that contain nicotine can only be accessed through a prescription from a healthcare professional, including doctors or nurse practitioners, or a pharmacist.

From 1 July 2024 importing nicotine vapes for personal use without a prescription became illegal, with the sale and advertising of those products being regulated with the aim to limit young people's access, improve product safety and assist harm reduction. A proper harm reduction approach would do more than just impose penalties that will push people towards black-market suppliers. Prohibition is not the way to end the nicotine vape black market or to reduce the harms of vaping for young people. I want to be clear that we are all working towards the same goal. We do not want to see more children addicted to nicotine. I am a parent. I speak to my community, and I know the harm that vapes are causing, but we cannot ignore the fact that the horse has bolted for many young people. Many are already addicted to vaping, and we need to be careful not to push those young people towards the black market. We also do not want them choosing cigarettes because they are easier to access.

The Government needs to take a different approach if it is serious about reducing the harm that vapes and vaping products can cause, especially to our young folk. That must include things like consulting with young people to better understand their information and support needs; co-designing solutions with young people in recognition that they face unique challenges with vaping and nicotine use; recognising the shared responsibility in managing nicotine dependence within the community, including with parents, carers, teachers and other education, sports and health settings; supporting parents, carers, teachers, community groups and health practitioners to support young people; exploring holistic support services across health, mental health, sports and education settings; making resources available for parents and guardians seeking guidance on how to support their children through the recovery process; and exploring different opportunities for information and support delivery, including services with vaping cessation as a goal and services that offer an alternative of harm minimisation for nicotine dependence.

None of that will be advanced by the bill, which seeks to tighten the rules impacting the regulated market for vaping products and to establish a regime of extreme penalties that would push the black market further underground. For those reasons, The Greens do not support the bill. The Government needs to take a different approach that centres this important work in the principles of harm reduction. It is a missed opportunity. In making these comments, I acknowledge the work of my Greens colleague in the Australian Capital Territory Government, Ms Emma Davidson, who is the Minister for Community Services, Seniors and Veterans, Minister for Corrections and Justice Health, Minister for Mental Health, and Minister for Population Health. She has made a number of important contributions in this policy area. I also acknowledge the work of The Greens spokesperson for health, Dr Amanda Cohn, and The Greens spokesperson for drug law reform and harm reduction, Ms Cate Faehrmann, who will have more to say on the bill when it is considered in the other place.

Mr JUSTIN CLANCY (Albury) (18:47:08):

I welcome the opportunity to contribute to debate on the Public Health (Tobacco) Amendment Bill 2024. In listening to previous contributions, in particular from the member for Tamworth, I dwelt on two aspects of the issue that we face. One is certainly the significant public health issue caused by vaping. I remember quite clearly having the privilege of sitting alongside a researcher in respiratory medicine at a function. He was lamenting how Australia had come so far in its challenges in battling tobacco and nicotine addictions only to go backwards. It was quite alarming to hear that from a researcher who had just returned from Europe. He had been growing his expertise in Europe only to come back to Australia and find the harm that we are doing in our country with vaping and illegal tobacco.

It was interesting to hear the comments of the Parliamentary Secretary for Health. He spoke about the various impacts of nicotine and vaping, in particular around adolescent brain development. He also spoke about the gateway effect. We certainly have a significant public health issue. It also interested me that the member for Tamworth said that as a result of the proliferation of vapes and illegal tobacco, we have the proliferation of retailers that have sprung up in our communities. From the contributions of regional members, it seems that a lot of regional communities have been impacted.

Transcription in progress…