Public Health (Tobacco) Amendment (E-cigarettes) Act 2015 (NSW)

An Act to amend the Public Health (Tobacco) Act 2008 to regulate the sale, packaging, advertising and display of e-cigarettes and to prohibit the sale of e-cigarettes and e-cigarette accessories to persons who are under the age of 18 years; and for related purposes.

1Name of Act

This Act is the Public Health (Tobacco) Amendment (E-cigarettes) Act 2015.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Public Health (Tobacco) Act 2008 No 94[1]Section 3 Objects of Act

Omit “and non-tobacco smoking products” from section 3 (2) (a).

Insert instead “, non-tobacco smoking products and e-cigarettes”.

[2]–[4]

(Repealed)

[5]Section 8A

Insert before section 9:

8AApplication of Division to e-cigarettes and e-cigarette accessories(1)

This Division applies in relation to e-cigarettes and e-cigarette accessories in the same way as it applies in relation to tobacco products and smoking accessories, respectively.

(2)

For this purpose:

• (a)

  each reference in this Division to a tobacco product is to be read as including a reference to an e-cigarette, and

• (b)

  each reference in this Division to a smoking accessory is to be read as including a reference to an e-cigarette accessory.

[6]–[11]

(Repealed)

[12]Part 3, heading

Insert “and e-cigarettes” after “tobacco products”.

[13]Section 15A

Insert before section 16:

15AApplication of Part to e-cigarettes and e-cigarette accessories(1)

This Part applies in relation to e-cigarette advertisements and e-cigarettes in the same way as it applies in relation to tobacco advertisements and tobacco products, respectively.

(2)

For this purpose:

• (a)

  each reference in this Part to a tobacco advertisement is to be read as including a reference to an e-cigarette advertisement, and

• (b)

  each reference in this Part to a tobacco product is to be read as including a reference to an e-cigarette, and

• (c)

  the reference to otherwise than by smoking in section 21 (1), in its application to e-cigarettes, is to be read as including a reference to otherwise than by inhalation of an aerosol or vapour.

(3)

In this section, an e-cigarette advertisement means writing, or any still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of two or more of them, that gives publicity to, or otherwise promotes or is intended to promote:

• (a)

  the purchase or use of an e-cigarette, or

• (b)

  the trademark or brand name, or part of a trademark or brand name, of an e-cigarette,

but does not include anything of a kind excluded by the regulations.

[14]–[23]

(Repealed)

[24]Section 30 Smoking in motor vehicle prohibited if juvenile present

Insert in alphabetical order in section 30 (8):

smoke includes using an e-cigarette to generate or release an aerosol or vapour.

[25]

(Repealed)