Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill gives Queensland stronger powers to enforce the national ban on recreational vaping and crack down on the illegal sale of vapes and tobacco. It creates new offences for supplying and possessing illicit nicotine products (including vapes and nicotine pouches), dramatically increases penalties, and introduces powers to close non-compliant shops and seek court injunctions against repeat offenders.
Who it affects
Retailers and their employees who sell vapes or illicit tobacco face much tougher consequences, including imprisonment. Young people are a key focus, with new offences targeting adults who supply vapes to children. Pharmacists and health professionals supplying therapeutic vaping products under prescription remain exempt.
Key changes
- Commercial supply of illicit nicotine products (vapes, nicotine pouches) becomes an offence with a maximum penalty of 2,000 penalty units or 2 years imprisonment
- Penalties for illicit tobacco supply increased from 300 to 2,000 penalty units, with up to 2 years imprisonment
- Chief executive can order immediate 72-hour closure of premises selling illicit products, and a magistrate can order closure for up to 6 months
- Employees who sell illicit tobacco or vapes can now be personally fined up to 140 penalty units
- New executive liability provisions hold company directors personally accountable for corporate offending
- Adults who supply vapes to children outside a commercial setting face a maximum penalty of 140 penalty units
- Dumping vapes classified as dangerous littering under the Waste Reduction and Recycling Act, with a maximum penalty of 40 penalty units
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 June 2024View Hansard
Referred to Health, Environment and Agriculture Committee
The Health, Environment and Agriculture Committee examined the bill over several weeks, receiving 30 submissions and holding a public briefing and hearing in Brisbane. The committee unanimously recommended the bill be passed, finding broad stakeholder support for restricting access to illicit vaping and nicotine products. While some submitters advocated for a harm reduction approach rather than prohibition, the committee supported the Commonwealth and Queensland regulatory framework to ban supply and commercial possession of recreational vapes. The committee carefully considered human rights implications, particularly regarding expanded entry powers for authorised officers, and was satisfied the limitations were reasonable and justified.
Key findings (5)
- The majority of submitters supported the bill, with strong endorsement of the nationally consistent approach to regulating illegal vaping products and recognising police officers as authorised persons.
- The committee confirmed the bill does not criminalise personal possession of vaping products, as offences apply only to supply and commercial possession, with specific personal use defences included.
- Expanded entry powers allowing authorised officers to enter premises subject to closure orders without a warrant were found to be a justified limitation on the right to privacy under the Human Rights Act 2019.
- Stakeholders raised concerns about enforcement resourcing, with Queensland Health advising that $4.5 million in recurring funding had been allocated to enforcement teams from 2024.
- The committee found the bill compatible with fundamental legislative principles under the Legislative Standards Act 1992 and with human rights, though noted the statement of compatibility could have provided further analysis on entry powers and executive liability provisions.
Recommendations (1)
- The committee recommends the Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024 be passed.
Committee report tabled
▸Second Reading11 Sept 2024View Hansard
Vote on a motion
Vote on a motion related to the parliamentary proceedings. The motion was defeated 36-48.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (36)
Noes (48)
▸17 members spoke9 support8 mixed
Introduced and defended the bill as Minister for Health, highlighting Queensland as the first state to implement the Commonwealth vaping ban and outlining nation-leading enforcement powers including business closure orders.
“Queensland is taking decisive action. Our response not only aligns with the national ban but strengthens it, setting a new benchmark for combating illegal vaping in this country.”— 2024-09-11View Hansard
Announced the LNP would not oppose the bill but criticised the government's record on enforcement, citing warnings from frontline enforcement staff that previous laws were insufficient and that illegal tobacco and vape shops continue to operate unchecked.
“I say to the Labor government: it is one thing to have the laws in place; it is another to enforce them.”— 2024-09-11View Hansard
Spoke as committee chair in support of the bill, emphasising the serious public health crisis posed by vaping, the links to organised crime in illegal vape shops, and the impact on youth health.
“There is no doubt in my mind that strong criminal links exist in these illegal pop-up shops that are putting the lives of millions of our youth at risk by selling and supplying their nicotine-laden products.”— 2024-09-11View Hansard
Stated the LNP would not oppose the bill but criticised successive Labor governments for failing to enforce existing laws, noting seven illegal shops in his electorate blatantly flouting current tobacco laws.
“My LNP colleagues and I will not oppose this bill, but we must highlight the shortcomings of successive Labor governments for not enforcing their own laws when it comes to illicit tobacco and vaping products.”— 2024-09-11View Hansard
Supported the bill and shared a personal story of a family member who experienced significant health problems from vaping, noting that vaping and illegal tobacco is a 'moving target' that will require ongoing legislative attention.
“I see vaping and illegal tobacco as a moving target. This parliament and governments over the next couple of generations are going to be dealing with this issue over and over again.”— 2024-09-11View Hansard
Supported enforcement action against illegal vape sellers but argued that excessively high taxes on tobacco are driving the black market, and criticised the government for not doing enough to physically shut down illegal shops.
“Officers need to go in and shut down these sellers of illegal vapes and tobacco products.”— 2024-09-11View Hansard
Supported the bill as a committee member, citing evidence from stakeholders including the Heart Foundation and AMAQ about the urgent need to address the public health crisis of vaping among young people.
“It is beyond doubt that illicit nicotine products such as vapes are being promoted to children and young adults with the aim of creating a new generation of nicotine addicts.”— 2024-09-11View Hansard
Stated the opposition would not oppose the bill but criticised the government's failure to enforce existing laws, highlighting the links between illicit tobacco trade and organised crime including violent turf wars and fire bombings of tobacconists.
“Whilst the bill introduces amendments aimed at tackling illicit nicotine and tobacco products, it fails to address the root cause of the problem, which is the Labor government's lack of proper enforcement.”— 2024-09-11View Hansard
Spoke as Minister for Education about the work being done in schools to combat vaping, noting a 60 per cent decrease in vaping-related suspensions and the rollout of the Blurred Minds program developed with Griffith University.
“We know that we have to enable teachers and parents to deal with this. I referred earlier to the fact that our suspensions related to vaping have decreased by 60 per cent because we know it does not work to simply punish young people; we have to address the problem at its roots.”— 2024-09-11View Hansard
Stated the LNP would not oppose the bill but criticised the lack of enforcement resources, sharing an anecdote of a year 8 student who had no idea of the health consequences of vaping, and highlighting chop-chop shops operating with impunity.
“It is all well and good for us to voice our disgust with respect to illegal tobacco or vapes, but we need to ensure we resource departments appropriately so that they can take real action to crack down on those who do the wrong thing.”— 2024-09-11View Hansard
Strongly supported the bill, highlighting the dangers of vaping for children as young as six or seven in his electorate and the alarming lack of long-term evidence on the health effects of vaping on developing organs.
“I cannot commend this bill strongly enough and I ask all members in this House to support this bill.”— 2024-09-11View Hansard
As a doctor and shadow minister for education, stated the LNP would not oppose the bill but criticised the government's failure to invest in specific anti-vaping programs for primary schools despite a 450 per cent increase in substance misconduct suspensions.
“The Labor state government has failed to do what matters when it comes to combating smoking and vaping in Queensland schools.”— 2024-09-11View Hansard
Supported the bill and congratulated schools for managing the vaping issue, arguing that suspension statistics must account for increased student numbers and that the government and Department of Education have taken appropriate action.
“Queensland will be the first state to implement the Commonwealth ban through corresponding state legislation. We are taking strong action to protect the health of Queenslanders.”— 2024-09-11View Hansard
Supported the bill's intent but criticised the government's enforcement record, highlighting her local Elanora State High School's successful anti-vaping program as an example of action taken ahead of government, and calling for stronger enforcement against chop-chop shops.
“It is not enough to pass laws. Surprise, surprise—you need to have a government that enforces those laws.”— 2024-09-11View Hansard
Raised concerns about the proliferation of illicit tobacco shops in her regional electorate including four in Dalby alone, and criticised the lack of enforcement against shops that reopen after raids.
“Even when the illicit stores are raided, they seem to be back up and open the next day.”— 2024-09-11View Hansard
Supported the bill and criticised the former federal Coalition government for failing to stop nicotine-based vapes at the border, and the Greens for forcing through pharmacy sales of vapes without prescriptions.
“We were supposed to stop all nicotine-based vapes at the border. However, Peter Dutton, the minister responsible for that, grossly failed and we saw coming across the border nicotine-based vaporisers that were bubblegum flavoured and had comic book characters on them.”— 2024-09-11View Hansard
Supported the bill and raised concerns about vaping being smuggled into discrete Aboriginal and Torres Strait Islander communities, sold for up to $150, which she warned would worsen already poor health outcomes for First Nations people.
“The impact of vaping on Aboriginal and Torres Strait Islander communities will see their health status only worsen over time.”— 2024-09-11View Hansard
▸In Detail11 Sept 2024View Hansard
Amendment 1: Omits commencement clause 2 to adjust commencement provisions.
Amendment 2: Inserts new Part 1A amending the Hospital and Health Boards Act 2011 to expand provisions for disclosure to prevent serious risk of harm, broadening which health professionals can share information and enabling them to facilitate disclosures by others.
Amendment 3: Adds a reference to the Therapeutic Goods Act 1989 (Cwlth) chapter 5, part 5-1A to the definition of illicit nicotine products to align with Commonwealth legislation.
Amendment 4: Revises the defences and exceptions for supply and possession of illicit nicotine products to align with Commonwealth Therapeutic Goods Act exceptions, and introduces a personal use defence with permitted quantity limits for vaping goods.
Amendments 5-7: Requires closure order notices to be given to the person apparently in charge of premises as well as the owner, and provides that closure orders end when a lease ends to protect landlords not complicit in illegal activity.
Amendment 8: Inserts new Part 2A prescribing permitted quantities for personal possession of vaping goods: 60mL of vaping substance, 4 vaping accessories, and 2 vaping devices.
Amendments 9-10: Amends the long title to include the Hospital and Health Boards Act 2011 and the Tobacco and Other Smoking Products Regulation 2021.
That the amendment be agreed to
Vote on an amendment moved during the Tobacco and Other Smoking Products (Vaping) bill debate. The amendment passed 49-41.
The motion passed.
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Ayes (49)
Noes (41)
That the motion, as amended, be agreed to
Vote on the amended motion. Passed 51-39.
The motion passed.