Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024 (Qld)

An Act to amend the Tobacco and Other Smoking Products Act 1998 and the Waste Reduction and Recycling Act 2011 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Act 2024.

2 Commencement This Act commences on a day to be fixed by proclamation.

Part 2 Amendment of Tobacco and Other Smoking Products Act 1998

3 Act amended This part amends the Tobacco and Other Smoking Products Act 1998.

4 Amendment of long title Long title, ', to prohibit smoking in certain places,'— omit, insert— and illicit nicotine products, to prohibit smoking in certain places, to restrict supply and possession of illicit nicotine products,

5 Amendment of s 3 (Object of Act) Section 3, from 'and'— omit, insert— , other smoking products and illicit nicotine products.

6 Amendment of s 4 (How object is to be achieved) (1) Section 4, after paragraph (a)— insert— (aa) restricting the supply and possession of illicit tobacco and illicit nicotine products; and (2) Section 4(b) and (c), from 'and other'— omit, insert— , other smoking products and illicit nicotine products; and (3) Section 4(aa) to (e)— renumber as section 4(b) to (f).

7 Replacement of s 7 (Meaning of personal vaporiser and personal vaporiser related product ) Section 7— omit, insert—

7 Meaning of vaping-related terms (1) In this Act— vaping accessory means a cartridge, capsule, pod or other vessel— (a) that is for use in, or with, a vaping device; and (b) whether or not the cartridge, capsule, pod or other vessel— (i) contains a vaping substance; or (ii) is designed or intended to be refilled. vaping device— (a) means— (i) a device, whether or not filled with a vaping substance, that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or (ii) a device to which subparagraph (i) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished; and (b) does not include— (i) a device included in the register under the Therapeutic Goods Act 1989 (Cwlth), other than a device designed for use by a person for smoking cessation or management of nicotine dependence; or (ii) a device designed to be used to deliver oxygen into an individual's body; or (iii) a bong, hookah or ice pipe; or (iv) a device prescribed by regulation not to be a vaping device. vaping goods— (a) means any of the following goods— (i) a vaping substance; (ii) a vaping accessory; (iii) a vaping device; (iv) goods the presentation of which includes an express or implied representation that the goods are of a type mentioned in subparagraph (i), (ii) or (iii); Note— See also subsection (2) in relation to the presentation of goods. (v) goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) to be vaping goods; and (b) does not include goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) not to be vaping goods. vaping substance— (a) means— (i) nicotine in solution in any concentration, including in a salt or base form; or (ii) any liquid or other substance for use in, or with, a vaping device; and (b) includes a container or part of a container, other than a vaping accessory or vaping device, in which a liquid or other substance mentioned in paragraph (a)(i) or (ii) is present. (2) For subsection (1), definition vaping goods, paragraph (a)(iv)— (a) the presentation of goods includes matters relating to— (i) the name of the goods; and (ii) the labelling and packaging of the goods; and (iii) any advertising or informational material associated with the use or supply of the goods; and (b) goods are taken to be presented as being a particular type of goods even if the presentation— (i) is capable of being misleading or confusing as to the content or proper use or identification of the goods; or (ii) suggests that the goods have ingredients, components or characteristics that they do not have. (3) A regulation may prescribe that stated goods or stated classes of goods— (a) are or are not vaping goods; or (b) when used, advertised, or presented for use or supply in a stated way, are or are not vaping goods.