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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Health (Tobacco) Amendment
(E-cigarettes) Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Public Health (Tobacco) Act 2008 to prohibit the sale of
e-cigarettes and e-cigarette accessories to persons who are under the age of 18 years.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Public Health (Tobacco) Act 2008
No 94
Schedule 1 [3] makes it an offence for a person to sell an e-cigarette or e-cigarette accessory to a
person who is under the age of 18 years unless it is an authorised product. Schedule 1 [1], [4] and
[6] make consequential amendments. Schedule 1 [2] and [5] define the terms authorised product,
e-cigarette and e-cigarette accessory.
An e-cigarette is defined to mean a device (other than a device of a kind excluded by the
regulations) that is designed to generate or release an aerosol or vapour (whether or not containing
nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an
experience similar to, the inhalation of smoke from an ignited tobacco product or ignited
non-tobacco smoking product. It is also defined to include certain other kinds of devices if they
have been prescribed by the regulations.
b2015-006-94.d12
Public Health (Tobacco) Amendment (E-cigarettes) Bill 2015 [NSW]
Explanatory note
An e-cigarette accessory is defined to include such things as a cartridge, capsule or other container
designed to contain a liquid, aerosol, gas, vapour or other substance for use in an e-cigarette and
a heating element designed for use in e-cigarettes.
An authorised product is defined to mean certain therapeutic goods that are registered (or the
subject of an approval or authority) under the Therapeutic Goods Act 1989 of the Commonwealth
or supplied under a licence or authority in force under the Poisons and Therapeutic Goods Act
1966 or the regulations under that Act.
The maximum penalty for the offence will be:
(a) in the case of an individual, 100 penalty units (currently, $11,000) for a first offence or 500
penalty units (currently, $55,000) for a second or subsequent offence, or
(b) in the case of a corporation, 500 penalty units (currently, $55,000) for a first offence or
1,000 penalty units (currently, $110,000) for a second or subsequent offence.
Page 2
First print
New South Wales
Public Health (Tobacco) Amendment
(E-cigarettes) Bill 2015
Contents
1 Name of Act Page
2 Commencement
Schedule 1 Amendment of Public Health (Tobacco) Act 2008 No 94 2
2
3
b2015-006-94.d12
New South Wales
Public Health (Tobacco) Amendment
(E-cigarettes) Bill 2015
No , 2015
A Bill for
An Act to amend the Public Health (Tobacco) Act 2008 to prohibit the sale of e-cigarettes and
e-cigarette accessories to persons who are under the age of 18 years.
Public Health (Tobacco) Amendment (E-cigarettes) Bill 2015 [NSW] 1
2
The Legislature of New South Wales enacts: 3
1 Name of Act
This Act is the Public Health (Tobacco) Amendment (E-cigarettes) Act 2015. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation.
Page 2
Public Health (Tobacco) Amendment (E-cigarettes) Bill 2015 [NSW]
Schedule 1 Amendment of Public Health (Tobacco) Act 2008 No 94
Schedule 1 Amendment of Public Health (Tobacco) Act 2008 1
No 94 2
[1] Section 3 Objects of Act 3
Omit "those products" from section 3 (2) (b).
Insert instead "tobacco products, non-tobacco smoking products, e-cigarettes and 4
e-cigarette accessories".
5
[2] Section 4 Definitions 6
Insert in alphabetical order in section 4 (1): 7
e-cigarette means: 8
(a) a device (other than a device of a kind excluded by the regulations) that
9
is designed to generate or release an aerosol or vapour (whether or not
containing nicotine) by electronic means for inhalation by its user in a 10
manner that replicates, or produces an experience similar to, the 11
inhalation of smoke from an ignited tobacco product or ignited 12
non-tobacco smoking product, or 13
(b) any other device of a kind prescribed by the regulations that is designed 14
to be used by its user in a way that replicates, or produces an experience 15
similar to, the use of a tobacco product or non-tobacco smoking
product. 16
17
e-cigarette accessory means: 18
(a) a cartridge, capsule or other container designed to contain a liquid, 19
aerosol, gas, vapour or other substance for use in an e-cigarette, or 20
(b) a heating element designed for use in an e-cigarette, or
(c) any other component of an e-cigarette (or class of e-cigarettes) of a kind 21
22
prescribed by the regulations.
23
[3] Section 22 Sale of tobacco and non-tobacco smoking products or e-cigarettes and
e-cigarette accessories to minors 24
25
Insert after section 22 (2):
26
(2A) A person must not sell an e-cigarette or e-cigarette accessory to a person who 27
is under the age of 18 years unless it is an authorised product.
28
Note. The sale of an e-cigarette that generates or releases an aerosol or vapour that
contains nicotine, or the sale of an e-cigarette accessory containing nicotine, is 29
prohibited in New South Wales unless it is an authorised product. See, in particular, the 30
Poisons and Therapeutic Goods Act 1966. 31
32
(2B) A person who contravenes this section is guilty of an offence. 33
Maximum penalty: 34
(a) in the case of an individual, 100 penalty units for a first offence or 35
500 penalty units for a second or subsequent offence, or 36
(b) in the case of a corporation, 500 penalty units for a first offence or 37
1,000 penalty units for a second or subsequent offence. 38
[4] Section 22 (3) 39
Omit "or non-tobacco smoking product" wherever occurring. 40
Insert instead ", non-tobacco smoking product, e-cigarette or e-cigarette accessory".
41
42
43
Page 3
Public Health (Tobacco) Amendment (E-cigarettes) Bill 2015 [NSW]
Schedule 1 Amendment of Public Health (Tobacco) Act 2008 No 94
[5] Section 22 (4) 1
Omit the maximum penalty from the end of section 22. Insert instead: 2
(4) In this section: 3
authorised product means a device or accessory (other than a device or 4
accessory of a kind excluded by the regulations) that is: 5
(a) a therapeutic good (as defined in the Therapeutic Goods Act 1989 of the 6
Commonwealth): 7
(i) registered in the Australian Register of Therapeutic Goods 8
maintained under section 9A of that Act, or 9
(ii) the subject of an approval or authority under section 19 of that 10
Act, or 11
(b) supplied under a licence or authority in force under the Poisons and 12
Therapeutic Goods Act 1966 or the regulations under that Act. 13
[6] Section 28 Liability of employers 14
Omit "or non-tobacco smoking products" from section 28 (4). 15
Insert instead ", non-tobacco smoking products, e-cigarettes or e-cigarette accessories". 16
Page 4
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