Australia should pass bill to ban non-prescription vapes, Senate committee finds

Legislation to ban non-prescription vapes was introduced on top of reforms which began in January banning importation of disposable vapes. Photograph: Sandra Sanders/Reuters

A bill to ban the manufacture, sale and advertising of vapes in Australia should be passed, a Senate committee has recommended, after evidence from public hearings and almost 300 submissions.

If passed by the Senate, the legislation will mean the only way vapes can legally be obtained is through a prescription from a GP or nurse practitioner. A vote is expected in June.

The legislation was introduced by the health minister, Mark Butler, in March before being referred by the Senate to the community affairs legislation committee for inquiry the same month.

On Wednesday afternoon, the committee published its report, recommending the legislation be passed after hearing from representatives from the health, education, pharmaceutical, vaping, medical and retail sectors across two days of hearings earlier in May.

The legislation will also see a new framework for the regulation of vapes introduced which will allow state and territory officials to undertake enforcement action. It includes new offences and civil penalties related to importation, domestic manufacture, supply, commercial possession and advertisement of vaping goods, and enhances federal enforcement powers.

Individuals with personal supply will not be targeted, Butler has previously said.

The legislation was introduced in addition to reforms which began in January banning the importation of disposable vapes from overseas.

Additional comments from the Greens, the Coalition and separately the Nationals were published by the committee alongside its report.

The Greens will be seeking amendments to the legislation, including to ensure individuals will not be criminalised for possession, to ensure adequate quit supports are in place, and to restrict advertising of vapes to medical practitioners. They also noted that they do not support the prohibition of vapes for adults. However, the bill does not implement prohibition, as vapes will be available at pharmacists with a prescription.

Comments submitted by Coalition senators noted the recommendations of the majority report, but said the party would “reserve our final position while this policy makes its way through our internal processes”.

The Nationals filed a dissenting report, urging the government to regulate all vaping products under a similar framework as tobacco, so that licensed retailers could sell vapes under certain rules and regulations.

Selling and supplying vapes similarly to the tobacco model is a proposal that has been rejected by all state and territory health ministers, who in April issued a joint communique in support of the federal legislation.

Major health lobbies, including the Australian Medical Association, the Royal Australian College of General Practitioners, and the Pharmacy Guild of Australia, also support the government’s legislation.

Laura Hunter, co-chief executive at Australian Council On Smoking and Health, urged Senators to pass the legislation. On Thursday, ACOSH and 58 other health organisations will publish a letter backing the bill.

“We say to all members: If you want to be on the right side of history, support the bill,” she said. “We ask them to listen instead to the overwhelming number of Australians including parents, and the health, education and social service sectors whose only interest is in protecting our young people and their future.”

Earlier on Wednesday Butler told reporters that if the laws passed the parliament: “From the first of July, you will not be able to sell vapes, and there will be very, very serious penalties in the laws if you do so.

“Those penalties range from prison terms of up to seven years and fines of up to $2.2m. We are serious about stamping this public health menace of recreational vaping out.”