Ban could strengthen the black market
Critics argued that making legal access harder would not end demand, but would hand more of the trade to illegal suppliers and organised black-market sellers.
This bill became law on Jun 27th, 2024.
Health, care & disability
Australia now broadly bans importing, making, selling and commercially holding vapes, with criminal and civil penalties unless a specific legal exception applies.
Vaping rates nearly tripled in Australia between 2019 and 2022-23, especially among young people, while cheap vapes were widely marketed and easy for them to access. The bill expands national therapeutic goodsHealth products regulated under the Therapeutic Goods Act, including medicines and medical devices. The bill uses that framework to regulate therapeutic vaping goods. laws to ban most vape imports, manufacture, sales, possession and advertising, while preserving tightly regulated therapeutic access.
Australia already had restrictions that treated nicotine vapes as therapeutic goodsHealth products regulated under the Therapeutic Goods Act, including medicines and medical devices. The bill uses that framework to regulate therapeutic vaping goods., but vaping use still rose sharply between 2019 and 2022-23, especially among young people, as cheap products were widely marketed and easy to get. The 2024 bill responded by extending national therapeutic goodsHealth products regulated under the Therapeutic Goods Act, including medicines and medical devices. The bill uses that framework to regulate therapeutic vaping goods. law to choke off most vape imports, manufacture, sales, commercial possession and advertising while keeping tightly controlled therapeutic access, and Parliament passed it in June 2024 so the tougher regime could take effect.
The main criticism was that the bill's prohibition-heavy, prescription-led approach could drive more vaping underground, strengthen the illicit market and even push some users back to cigarettes instead of into safer legal supply. That case was raised by a small number of Coalition and crossbench critics, while broader parliamentary support often remained conditional on stronger enforcement, clearer safeguards and later review.
Mark Butler MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 27 June 2024
Final passage
Passed without a counted vote
8 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
98 days
From introduction to the latest recorded parliamentary step
Meaning
Australia now broadly bans importing, making, selling and commercially holding vapes, with criminal and civil penalties unless a specific legal exception applies.
People can still get therapeutic vapesVapes and related goods supplied for therapeutic use, such as helping a person stop smoking or manage nicotine dependence, rather than for general retail sale. from pharmacists, doctors or nurse practitioners for quitting smoking, managing nicotine dependence, or another approved medical use.
Personal possession is still allowed when someone has been lawfully supplied vapes for their own use and keeps less than five times the commercial quantity.
The Minister can quickly bring new or lookalike products under the vaping rules, or exclude products, by declaring which goods count as vaping goods.
The vaping law changes must be independently reviewed, with the review starting by 1 July 2027 and the report later tabled in Parliament.
The importation into Australia of vaping goods, and the manufacture, supply or possession of vaping goods in Australia, is prohibited, subject to some exceptions. A person may commit an offence or be liable to a civil penalty for contravening the prohibitions (see Part 4A‑2).Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) as-passed bill text
(i) to another person for use by that person for smoking cessation, management of nicotine dependence or another indication determined by the Minister under section 41RA; orTherapeutic Goods and Other Legislation Amendment (Vaping Reforms) as-passed bill text
(11A) Subsections (1) to (3) and (10) and (11) do not apply in relation to the possession of a quantity of a kind of vaping goods by the person if:Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) as-passed bill text
(3) The Minister may, by legislative instrument, determine that, for the purposes of this Act, specified goods or specified classes of goods:Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) as-passed bill text
(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by Schedules 1, 3 and 4 to this Act and any regulations or other legislative instruments made for the purposes of those amendments.Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) as-passed bill text
Context
Australia already had restrictions that treated nicotine vapes as therapeutic goodsHealth products regulated under the Therapeutic Goods Act, including medicines and medical devices. The bill uses that framework to regulate therapeutic vaping goods., but vaping use still rose sharply between 2019 and 2022-23, especially among young people, as cheap products were widely marketed and easy to get. The 2024 bill responded by extending national therapeutic goodsHealth products regulated under the Therapeutic Goods Act, including medicines and medical devices. The bill uses that framework to regulate therapeutic vaping goods. law to choke off most vape imports, manufacture, sales, commercial possession and advertising while keeping tightly controlled therapeutic access, and Parliament passed it in June 2024 so the tougher regime could take effect.
Vaping use rises sharply among young Australians
Vaping rates nearly tripled across Australia over this period, especially among young people, while cheap products were widely marketed and easy for them to access.
Second reading speech ↗Government introduces the vaping reforms bill
The government presented the bill as a way to ban most non-therapeutic vape imports, manufacture, supply, commercial possession and advertising while preserving clinical access for therapeutic use.
Hansard ↗House passes the bill
The House agreed to the bill at third reading, sending the proposed crackdown to the Senate after debate over youth vaping and enforcement.
Parliamentary timeline ↗Parliament passes the bill and it receives Royal Assent
After the House agreed to Senate amendments, the bill passed both Houses and received Royal Assent the same day, turning the reforms into law.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Committee (27/03/2024): Senate Community Affairs Legislation Committee; Committee report (08/05/2024)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill reached this recorded parliamentary step.
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main criticism was that the bill's prohibition-heavy, prescription-led approach could drive more vaping underground, strengthen the illicit market and even push some users back to cigarettes instead of into safer legal supply. That case was raised by a small number of Coalition and crossbench critics, while broader parliamentary support often remained conditional on stronger enforcement, clearer safeguards and later review.
Criticism existed, but much of it focused on implementation risks rather than rejecting tighter vape controls outright.
Ban could strengthen the black market
Critics argued that making legal access harder would not end demand, but would hand more of the trade to illegal suppliers and organised black-market sellers.
Access model could burden patients and regional health services
Some opponents said a prescription-style therapeutic model would be too rigid in practice, especially outside cities, increasing pressure on doctors and making it harder for existing users to get legal products.
The bill needed clearer tests and earlier review
Opponents sought stronger safeguards to show whether the reforms were actually working, including objective success measures, an earlier review and a fallback to another retail model if the law failed.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Defeated 55 to 84. Support came from Liberal Party and Nationals. Opposition came from Labor and minor parties and independents. Minor-party and independent votes were split.
The House rejected the amendment 84 to 55, then agreed to the bill’s second reading.
Passed 67 to 10. Support came from Labor, Greens, Centre Alliance, and Liberal Party. Minor-party and independent votes were split.
The motion carried 67 to 10, so both chambers agreed on the amended bill text.
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Defeated 27 to 32. Support came from Liberal Party, Nationals, and One Nation. Opposition came from Labor and Greens. Minor-party and independent votes were split.
The Senate rejected the amendment 32 to 27.
Defeated 27 to 32. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor and Greens. Minor-party and independent votes were split.
The Senate rejected the amendment 32 to 27.
Passed 33 to 26. Support came from Labor, Greens, and One Nation. Opposition came from Liberal Party, Nationals, and UAP. Minor-party and independent votes were split.
The Senate carried the package 33 to 26, adding the government’s committee changes to the bill.
Defeated 26 to 33. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.
The Senate rejected the package 33 to 26.
Defeated 27 to 32. Support came from Liberal Party, Nationals, and One Nation. Opposition came from Labor and Greens. Minor-party and independent votes were split.
The amendment was defeated 32 to 27.
Defeated 27 to 32. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor and Greens. Minor-party and independent votes were split.
The change was defeated 27 to 32, so the later review date stayed in the bill.
Senator Roberts’ committee proposal would have removed strict liability from several offence provisions and added evidential-burden protections. It was defeated on voices.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senator Roberts’ proposal, decided on voices, would have asked governments to create a regime allowing teachers to confiscate and destroy student vapes found on school grounds.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
This package, decided on voices, covered the same committee changes as sheet 2668: opposing strict liability provisions and adding evidential-burden protections for the defendant.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Butler supports the bill and says it is needed to stop the spread of vaping, especially among young people, while keeping legitimate therapeutic access through clinical supervision and pharmacy settings.
Read in Hansard ↗Canavan opposes the bill, arguing it is unnecessary, confusing, and will not solve the vaping black market because the products are already covered by other laws.
Read in Hansard ↗Gillespie supports the bill and says the opposition backs the stronger vaping restrictions, import controls and public education campaign because vaping is harming young people and needs a long-term regulatory response.
Read in Hansard ↗Scamps strongly supports the bill, saying it is a much-needed public health measure that will curb dangerous disposable vapes, protect young people, and improve access to therapeutic e-cigarettes through pharmacies.
Read in Hansard ↗All speeches by bloc
19 speakers · 21 contributions · 19 support
Hansard records 2 separate contributions by Mark Butler, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Butler supports the bill and says it is needed to stop the spread of vaping, especially among young people, while keeping legitimate therapeutic access through clinical supervision and pharmacy settings. He argues the reforms are a necessary, world-leading public health response to rising nicotine dependence and black-market supply.
“I commend the bill to the House.”Read this contribution in Hansard ↗
Second reading speech
Butler strongly supports the bill and says it is the centrepiece of the government’s vaping crackdown, because it will ban disposable and non-therapeutic vapesVapes and related goods supplied for therapeutic use, such as helping a person stop smoking or manage nicotine dependence, rather than for general retail sale., tighten enforcement, and preserve legitimate pharmacy access for therapeutic use. He argues the reforms are needed to protect young people from nicotine dependence and illicit supply.
“The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 addresses these concerns through stronger regulation and enforcement. The bill is the centrepiece of our reform package and supplements import controls that were instituted at the border earlier this year. Specifically, the bill bans the importation, manufacture, supply and commercial possession of disposable single-use and non-therapeutic vapes while preserving legitimate patient access to therapeutic vapes through pharmacy settings for smoking cessation and the management of nicotine dependence, where clinically appropriate.”Read this contribution in Hansard ↗
“The Bill takes strong action to ban the importation, domestic manufacture, supply, commercial possession and advertisement of vaping goods, except in limited circumstances. It is a necessary step to address the growing risk posed by vaping in Australia, particularly to youth and young adults, while preserving legitimate patient access to therapeutic vaping goods for smoking cessation and the management of nicotine dependence, where clinically appropriate.”Read the full speech in Hansard ↗
“I ask this parliament: please, do not miss this opportunity to allow this legislation to pass quickly so we know that there is less chance of kids becoming vapers over the next 12 months. This is something we can do really fast.”Read the full speech in Hansard ↗
“I really thoroughly commend this bill to the House because I think that it is very important, that this is our last chance and that we should do it persistently and consistently.”Read the full speech in Hansard ↗
“This bill will ban the importation, manufacture, supply and commercial possession of disposable, single-use vapes and non-therapeutic vapes, while preserving the legitimate patient's access to therapeutic vapes through pharmacy settings for smoking cessation and management of nicotine dependency were clinically appropriate. This is the right bill and the right call for this time. We can do something to help that next generation. We want to see the figures reduced from one in six to zero. It is something we can do.”Read the full speech in Hansard ↗
“If you care about the next generation and about the health and wellbeing of Australians, I'm urging you to vote for this legislation. Vote for this legislation because it is good for public health, it is good for young Australians and, most importantly, it's good for the entire community. I've listened to local principals, teachers and parents in my home state of Tasmania speaking openly and often, contacting me and asking that we display leadership on this. They are so concerned about the damage that is being done to young Australians. In fact, it's not just high school students that are vaping; it's happening in our primary schools. So I urge those opposite to put the health of young Australians and Australians more generally at the forefront of the decision that they make, and I urge them to support this legislation.”Read the full speech in Hansard ↗
“Our second tranche of reforms, which is the substance of this bill, will aim to ban the sale and marketing of vapes in the streets and suburbs of our communities. This approach has been endorsed by a range of organisations, including peak medical groups such as the AMA and the RACGP, as well as others. The state and territory health ministers have also endorsed this legislation, so we would urge support from everyone in this House.”Read the full speech in Hansard ↗
“We are working very hard to clean that up—and we have a lot of work to do—with the work already done and, indeed, with these very important reforms before us. I commend the bill to the Senate.”Read the full speech in Hansard ↗
“I rise in support of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 before the House, which is to amend the Commonwealth Therapeutic Goods Act 1989 to prohibit the importation, domestic manufacture, supply, commercial possession and advertisement of non-therapeutic and disposable vaping goods. I'm happy to do so as I'm horrified by the blatant marketing of vaping to our youth, especially in light of the advice from Australian Medical Association and other reputable health groups regarding the significant risk to the population's health.”Read the full speech in Hansard ↗
“I wholeheartedly support this bill, because fundamentally it is about protecting young Australians from the dangers of nicotine and the harms of addiction. Those harms are real, they are present and they are hurting young people in Australia and their families.”Read the full speech in Hansard ↗
“I am pleased to speak in support of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 as Assistant Health Minister and also on behalf of the people of my community on the Central Coast of New South Wales. The bill goes to the heart of protecting Australians—particularly young people—from the harms associated with vaping and nicotine.”Read the full speech in Hansard ↗
“I will finish by saying this: by 2025, it's estimated that 99 per cent of seabirds will have ingested plastics. In 2050, plastics in the ocean are expected to outweigh fish. When these items enter our environment, they are environmentally catastrophic. I commend the bill to the House.”Read the full speech in Hansard ↗
“The legislation that is now before the Senate will ban the under-the-counter sale and supply of vapes. It has only ever been Labor governments that have taken the strong, principled action needed to implement tobacco control, and it's only our government that will deliver the next step in vaping.”Read the full speech in Hansard ↗
“I rise to speak in support of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024. The Albanese Labor government is taking world-leading action to tackle vaping. Our reforms will protect Australians from the harms of vaping and nicotine dependence while ensuring that those with a legitimate need to access therapeutic vapes can continue to do so.”Read the full speech in Hansard ↗
“This bill bans the importation, manufacture, supply and commercial possession of disposable, single-use and non-therapeutic vapes, while preserving legitimate patient access for therapeutic vapes through pharmacy settings for smoking cessation and the management of nicotine dependence where clinically appropriate. It is a public health menace, a scourge, and the rapid rise amongst young people is alarming.”Read the full speech in Hansard ↗
“This legislation to curb vaping is our opportunity to do just that, to put the genie back in the bottle. It is the new public health challenge, an entirely preventable one, and we should learn from the past. I commend the bill to the House.”Read the full speech in Hansard ↗
“In addition to regulatory measures, our approach to addressing vaping includes a range of complementary actions, including public health information campaigns and 'quit smoking' services. By adopting a multitargeted strategy we can effectively reduce the prevalence of vaping and protect the health and wellbeing of all Australians, especially our young ones—the leaders of the future. I commend this bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Zaneta Mascarenhas on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Mascarenhas strongly supports the bill and says the government must act urgently to stop vaping from addicting young Australians and driving a new wave of nicotine use. She argues that big tobacco is targeting young people and that the reforms are needed to protect public health and prevent further harm.
“We're working on the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 bill because we want to make sure that we change the lives of Australians—in particular young Australians. Asthma, lung scarring, organ damage, nausea, mouth irritation, chest pains, heart palpitations, seizure and toxicity are just some of the health problems that are caused by vaping, in which people use battery operated devices to inhale an aerosol which contains nicotine, flavouring and other chemicals. Among these serious side effects and health problems, vaping is also regarded as a gateway to more harmful drugs. It's a big problem, and that's why I am proud the government—led by the health minister, who is passionate about this issue—is taking strong action. I know we must act urgently to stamp it out.”Read this contribution in Hansard ↗
Second reading speech
Mascarenhas supports the bill and says it is needed to stop big tobacco targeting young people through vaping. She argues the reform package will protect young people and the nation’s health, and she commends the bill to the House.
“Creating this perception that vaping will help people quit smoking is just not true; it's quite the opposite. It's sneaky and it's predatory and it's getting young people hooked on nicotine. Unfortunately, it's working, and that's why this government is acting. This legislation will help stop big tobacco in their tracks. Our reform package, according to Professor Daube, will go a long way towards bringing us the outcomes we need, protecting our young people and protecting the health of the nation. It was a Labor government who introduced plain packaging, and it's a Labor government who's now taking the lead on vaping reform. I commend this bill to the House.”Read this contribution in Hansard ↗
“I congratulate my friend and colleague the Minister for Health and Aged Care for bringing forward this important legislation. I think that, if we do this, it will make a big impact in our local schools. That's why I urge all members to listen to parents and teachers, to what they're saying here, and to back parents, back teachers and back this bill.”Read the full speech in Hansard ↗
17 speakers · 5 support · 9 oppose · 3 mixed
“The key result from any vaping reform must be to halt kids vaping. We must do more to stop the myriad of ways children can access vapes. Easy access is leading to poor behaviour at school, vaping addiction and long-term health problems—some of which we are yet to fully understand. Illicit vaping is out of control in Australia and our children are at risk. Making vapes available via prescription or a chat with a pharmacist will not address the growing black market trade in illegal vapes because it is still easier to go to one of the many vape shops that have been set up in communities in every state and territory and select from the wide array of colourful, flavoured options on offer. A regulated model is the solution to this dire problem and that is what will keep our children safe.”Read the full speech in Hansard ↗
“The coalition wants this bill thoroughly examined by a Senate committee, and we will be moving to do just that in the other place. This is a very serious topic, and this government's crash-through approach on policy could yet again result in a backflip, a U-turn—a realisation that their bluster doesn't match the reality around the world.”Read the full speech in Hansard ↗
“The member from Cowan would also have a pretty good understanding of the reality of what she'd say if she were outside this building—the reality of how we deal with issues such as this. I think on this issue we've all got to try to get our heads together and say: 'Both are evil, but what is the better of the two evils? What is the better outcome for two positions where, to be honest, if we had our choice we'd be in neither?' That is the only way we deal with this issue, and in the meantime, the drug dealers out there are clapping their hands and cheering from the rooftops because we have just made their business plan so much easier.”Read the full speech in Hansard ↗
“That's where we differ. We support all these measures that are proposed. I'm really pleased that the government are going to spend $63.4 million on an anti e-cigarette and vaping campaign. I'm glad they're going to all of a sudden check for importation at the border and restrict commercial quantities—banning importation, manufacture, supply and commercial possession.”Read the full speech in Hansard ↗
“Whilst we won't stand in the way of this legislation passing the chamber, the coalition condemns the government for doing a dirty deal with the Greens, a deal that shows a weak government in chaos, a government desperate to get their legislation through such that they're prepared to drop a policy on our frontline primary care workers, professionals and pharmacists without notice or consultation. I move the second reading amendment standing in my name:”Read the full speech in Hansard ↗
“I will sit quietly when this bill passes. It should not pass; it should be better. I know it comes from a place that wanted to do the right thing but, like so many things in this government, it falls short.”Read the full speech in Hansard ↗
“The bill makes two important changes which the coalition supports. Firstly, it doesn't allow the sale of predatory and dangerous single-use disposable vaping products which are targeted to children and contain nicotine. Secondly, it creates one single framework under the TGA for the regulation of vaping products, regardless of the nicotine content. We have been clear from the get-go that our priority is to protect Australian children from the harms of vaping, and in line with that priority we do not stand in the way of those measures.”Read the full speech in Hansard ↗
“The Nationals' approach, which has been driven from a position of lived experience, honesty and transparency in recognising what we're doing right now hasn't worked, and a determination to support harm minimisation and protect our kids from these products, is an approach that I believe has more chance of achieving success in this space. So in supporting these amendments put by the member for Cowper, I want to return to where I started.”Read the full speech in Hansard ↗
“The Nationals have, in good faith and led by the member for Cowper, put forward what we believe is a strong alternative to what the government is proposing to ensure that the manufacture of vapes is regulated, that it is Australian and that it is done with the best possible outcomes in mind.”Read the full speech in Hansard ↗
“I welcome the bill. I can't say that I support the trajectory the government's taken, but I respect their position wholeheartedly. I suspect that at some juncture we'll all be back here again, and I might be standing here saying, 'You were wrong.' I just hope we will all say, 'We got it wrong and we're going to need to change this and get it right, because what we've done in the past hasn't worked.' I commend the bill to the House.”Read the full speech in Hansard ↗
“The coalition won't stand in the way of passing this bill and supports aspects of it, but fundamentally it's a flawed model. Firstly it bans predatory and dangerous single-use disposable vaping products popular with children, because those single-use products specifically target them. That's a good thing. Secondly the bill creates one single framework under the TGA for the regulation of all vaping products, regardless of their nicotine content, and the coalition would do the same in our strictly regulated retail model, if elected.”Read the full speech in Hansard ↗
“The legislation before us, with its half-baked, 11th-hour changes negotiated with the Greens—who support legalising all manner of illicit substances irrespective of health implications—won't overcome the many health, social and legal problems associated with the black market.”Read the full speech in Hansard ↗
“I wish you good luck, but I deeply fear this is going to be an unmitigated disaster and that you will be back in this place in a number of months with plan B, whatever that will be.”Read the full speech in Hansard ↗
“It would be irresponsible not to demand further investigation into these issues through a Senate committee inquiry before we finalise our position on this legislation. And we will not stand in the way of this legislation passing through the House so that we can thoroughly scrutinise this critical issue in the Senate. And the government's failure to control the illicit vaping market and its failure to protect children against the proliferation of vaping products means that greater scrutiny is absolutely essential.”Read the full speech in Hansard ↗
“The coalition will not stand in the way of this legislation passing through the House today. However, we will be moving an amendment to make it clear that we expect the government to address the clear failures of the current prescription-only model.”Read the full speech in Hansard ↗
“Thanks to Labor and the Greens getting together, we're going to pass legislation which will not address the illegal activities, will not protect our children, and will see illegal vape shops continue to flourish right around the country.”Read the full speech in Hansard ↗
3 speakers · 3 support
“It is with these amendments that the Greens will support the legislation's passage through the Senate.”Read the full speech in Hansard ↗
“This reform that we're backing in that will become law because of good faith negotiations between the government and the Greens is a reform that has the best chance that we can see to get that balance right, to do everything we can to stop kids having access to vapes, to do what we can to have a regulated, legal supply where people know what's in the product that they're consuming, to try and put a lid on and reverse the scale of addiction to vapes over the next few years, and to try and get that public health, public interest lens right so that we're listening to the health professionals and also learning from the experience of other efforts to prohibit drugs.”Read the full speech in Hansard ↗
“I would just say to everyone that this is a good compromise that has been reached here tonight. Both sides have got some valid points. There is going to be a lot of work to do to crack down on the black market. Now the genie is out of the bottle and single-use vapes are popular, it's going to be a lot of hard work to stop them coming in at the border. Organised crime have managed to sell other illicit drugs now for decades and make a lot of money out of them. They're making a lot of money out of vapes already, and there's a big road ahead of us here to actually eliminate them from society and from our waste stream. I think we should give this a go. I'm proud of the amendments that the Greens have been able to negotiate with the government on this, and we will be supporting this bill.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“The evidentiary burden of proof in the offences under the bill are reversed. This removes the common law protection that fault must be found before an offence has been committed. While the government may find contesting charges in a court of law tiresome, 800 years of common law rights should not be so lightly dismissed and disposed of. There's no justification for reversing the burden of proof. For this reason I have submitted an amendment to this bill in the committee stage to restore the presumption of innocence enjoyed by all Australians since our country's settlement. At section 41P(1), 'vaping substance' is defined as 'any liquid or other substance for use in, or with, a vaping device'. There's no nuance in the penalties. Possessing a vaping substance carries the same penalty as possessing a vape itself.”Read the full speech in Hansard ↗
8 speakers · 9 contributions · 7 support · 1 mixed
“This legislation builds on that leadership, and I congratulate and thank this government, and Minister Butler in particular, for their hard work and vision. This is a Sliding Doors moment for tens of thousands of people in Australia who will be spared years of suffering. I commend the bill to the House. Thank you.”Read the full speech in Hansard ↗
“This legislation, the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024, is overdue. It's important. It's going to be tough to enforce, but I congratulate the Minister for Health and Aged Care on having the courage to take on an industry which is a scourge to this country. Vaping is a public health emergency. We are looking at a tsunami, a generation of children hooked on nicotine. This legislation should be passed, and the federal, state and territory governments should work together to support its implementation. In the face of an unparalleled, unprecedented public health crisis affecting the young people of Australia, we need to act effectively, decisively and with integrity. I commend the legislation to the House.”Read the full speech in Hansard ↗
“That's a pointed reminder, I would suggest, that it will require the best efforts and the complete cooperation of both federal and state law enforcement agencies to ensure that the black market in vapes is minimised, if not eliminated. It will be incumbent on all of us to ensure that this legislation does not have an unintended consequence and create an unregulated black market in which it's even more difficult to manage risks to our children. That said, I will support this bill.”Read the full speech in Hansard ↗
“That brings me to this bill. I'm pleased that the additional measures in this legislation include creating structures to enable better enforcement through state and federal governments working together and also higher penalties relating to importation, domestic manufacture, supply, commercial possession and advertisements. This is great for WA. Cutting off imports at the border is essential to halting the supply of vapes reaching Australia. Allowing the seizure and forfeiture of vaping products that have been commercially supplied or manufactured empowers state and territory officials to carry out enforcement powers under the new reforms.”Read the full speech in Hansard ↗
“This bill bans the importation, domestic manufacture, supply, commercial possession and advertising of vapes. It's part of the second phase of the vaping regulation. I strongly support it. Following this bill passing, the provisions will regulate vapes, ban advertising and introduce new offences and civil penalty provisions in relation to importation, domestic manufacture, supply, commercial possession and advertising of vapes. It bans the commercial possession of vapes, and all of this better regulates the vaping industry and will help deter the importation and commercial supply of vaping products.”Read the full speech in Hansard ↗
“So, while I'm supportive of many of the measures in this bill, I think we need to have a far more measured approach to this. What the government is proposing has not been proposed anywhere else in the world. I think that it's a very radical move, and I think that it will have unintended consequences. So I would urge the government to perhaps have a bit of a rethink.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Helen Haines on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Haines supports the bill, saying stronger vape controls are needed to help people make healthier choices and protect public health. She also argues the reforms must be enforceable and paired with enough resources, especially for people trying to quit cigarettes in regional and remote areas.
“I welcome strong and decisive action to halt and reverse rapidly increasing vape intake, to prevent long-term adverse effects on the health of our communities, especially the health of our next generation. It has taken far too long for the Commonwealth to reach this point, but I'm so glad that they have, with so many Australians already addicted. As a parliament, it's critical now that we work together to turn this public health issue around.”Read this contribution in Hansard ↗
Second reading speech
Haines supports the bill and says the vaping reforms are long overdue because they are needed to protect young people and curb the health harms of vaping, while still allowing therapeutic access for patients who need it.
“I welcome these long-overdue reforms to curb the use of vapes in Australia. As a former nurse and regional health researcher, I've dedicated my life to improving the health outcomes of regional and rural Australians. Health—including, importantly, preventive health—is a key concern for the people I represent, the people of Indi. I've long shared my constituents' concerns about the prevalence of vaping, most particularly among young people. While I acknowledge the need for some patients to access therapeutic vapes to help manage their nicotine dependence, the reforms proposed in this bill are much-needed safeguards against the growing health risks posed by the vaping industry.”Read this contribution in Hansard ↗
“To come back to the reason why I support this bill, the availability of vapes is of enormous concern to my community. The approach has been low regulation—you can't sell nicotine vapes in our stores; you have to get a prescription for that. But these nicotine vapes are absolutely everywhere. In my electorate of Wentworth I was appalled, as was the principal, to find that a tobacco shop had opened just two doors down from the entrance to my old school, with tobacco vapes out the front. In that particular situation, I know that the store was approached by the health department. They looked at it and found that they were selling nicotine vapes. My community is very concerned that that shop and other shops like it couldn't be closed down and that very little action could be taken. I think my community is looking for much stronger action on vapes. Vaping is being directed at our children, and it is unacceptable. We see the nicotine vapes, in bright colours and in flavours like bubblegum and banana milkshake, stacked on shelves alongside lollies and chocolates. That's exactly what I saw in my community. Parents were outraged.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Message from Senate reported
Message from Senate reported
The bill reached this recorded parliamentary step.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Community Affairs Legislation Committee; Committee report (08/05/2024)
Referred to committee
Referred to Committee (27 Mar 2024): Senate Community Affairs Legislation Committee; Committee report (8 May 2024)
APH bill page notes