Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024

The majority voted in favour of a motion to agree with the Senate's amendments, which means the final version of the bill has been agreed to by both houses of Parliament, so it will now become law.

What were the Senate amendments?

Hindmarsh MP Mark Butler (Liberal) explained that:

The amendments to the bill that were passed in the Senate very much keep faith with the original intention of our reform. They ensure legitimate access to therapeutic goods is not unduly obstructed while recreational vaping in general retail settings is abolished in this country. If the House accepts these amendments, that abolition will take place from Monday 1 July.

The Government provided a supplementary explanatory memorandum, which provides more information about these amendments.

What does this bill do?

According to the bills digest (a document prepared by the parliamentary library):

• The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 amends the Therapeutic Goods Act 1989 and other Commonwealth Acts to prohibit the importation, domestic manufacture, supply, commercial possession and advertisement of non-therapeutic and disposable vaping goods.

• The Bill does not prohibit vaping but rather vapes will be regulated as therapeutic goods and will only be supplied by registered pharmacists, medical practitioners or nurse practitioners authorised to do so under state or territory law.

• The Bill will also expand the definition of ‘therapeutic goods’ and provide for a range of new enforcement powers, including a new power for the Secretary to issue enforceable directions and a broad power in relation to the seizure and destruction of goods.

• Vaping rates are increasing in Australia, particularly among youth and young adults, including those who have never smoked. Vaping is associated with a number of adverse health effects and the long-term health impact remains unknown.

• The vaping reform measures are intended to reduce the prevalence of smoking and vaping in the community, in line with the objectives, priorities and targets outlined in the National Tobacco Strategy 2023–2030. The Bill seeks to implement the second stage of the Government’s vaping reform measures.

• The Senate Community Affairs Legislation Committee conducted an inquiry into the Bill and recommended that the Bill be passed. Submissions from health organisations and public health researchers strongly support the Bill, while submissions from retail organisations and individual retailers broadly support a regulatory, rather than prescription only model.

• The Nationals have stated they do not support the Bill. Members of the Liberal Party of Australia and the Australian Greens on the Senate Community Affairs Legislation Committee recommended passing the Bill but noted a number of concerns and are yet to make a formal announcement on their position.