In an ongoing effort to regulate vaping products, the government has introduced the Smokefree Environments and Regulated Products Amendment Bill (No 2). A key provision of this bill is the prohibition on disposable vaping products.
The Prefilled Vape Ban: Legislative Details
The proposed bill seeks to amend the Smokefree Environments and Regulated Products Act 1990 by introducing stringent measures against disposable vaping products. According to Section 20FA of the new Part 1AA, the bill states:
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Prohibition on Disposable Vaping Products:
- The manufacture, sale, supply, and distribution of disposable vaping products will be expressly prohibited.
- Violation of this prohibition carries significant penalties, with fines up to $400,000 for notifiers or large retailers and $50,000 for any other individuals.
Definition of Disposable Vaping Products
The proposed legislation aims to classify all prefilled vaping products as a disposable vaping product. As defined in the amendment bill:
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Disposable Vaping Product: A vaping product that is not designed or intended to be reused. This includes:
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Vaping Devices that:
- Are not designed to be refilled by the user
- Are not designed to be recharged; or
- Meet both of the above criteria.
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Vaping Devices that:
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Prefilled Containers that:
- Are pre-filled with a vaping substance;
- Are designed to be fitted into a vaping device; and
- Are not designed to be refilled by the user with a vaping substance.
This means (if the bill is passed) all prefilled vaping products will be prohibited under the proposed changes.