Acts of Parliament assented to – Act Nos 50 to 53 of 2024

Overview

The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 was assented to on 27 June 2024 and seeks to amend the Therapeutic Goods Act 1989 and other related legislation to address issues surrounding vaping products. This Act was introduced to tackle the growing concerns about the accessibility and regulation of vaping goods, aiming to protect public health by ensuring that vaping products are safe, appropriately labelled, and marketed responsibly. The enacting body was the Parliament of Australia, which passed the Act to achieve the policy objective of tightening regulations on vaping products to mitigate potential health risks associated with their use. The Excise and Customs Legislation Amendment (Streamlining Administration) Act 2024, assented to on 28 June 2024, aims to streamline the administration of excise and customs laws by amending the Excise Act 1901, the Excise Tariff Act 1921, and the Customs Act 1901. This Act addresses the need for more efficient and effective administrative processes within the excise and customs frameworks, thereby enhancing regulatory compliance and reducing the burden on businesses while maintaining the integrity of the revenue collection system. The policy objective is to improve the operational efficiency of the administrative processes for excise and customs, facilitating smoother trade and reducing complexities for businesses.

Scope and Application

The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 applies to any person or entity involved in the importation, supply, or advertisement of vaping goods within Australia. This includes individuals, businesses, and other entities engaged in activities related to vaping products, such as e-cigarettes and vaping liquids. The Act regulates these activities to ensure that vaping goods meet certain safety and quality standards, and it imposes restrictions on the sale and advertising of vaping products to protect public health, particularly among young people. The Act’s jurisdiction extends across the Commonwealth of Australia, and its provisions apply uniformly to all states and territories. The Act includes several exclusions, such as exemptions for research and scientific purposes, and thresholds for certain types of products, ensuring that it balances regulatory oversight with the needs of legitimate businesses and research activities. The application and enforcement of this Act may be further detailed through subordinate legislation, which may provide additional specifications or guidelines to ensure compliance.

Key Provisions

The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (No. 50 of 2024) primarily targets the regulation of vaping products by amending the Therapeutic Goods Act 1989. Section 3 of the Act introduces stricter controls on the sale and advertising of vaping products, prohibiting the sale of vaping products to individuals under 18 years of age and banning the advertising of these products where children are likely to see them. Section 4 mandates that all vaping products must be registered with the Therapeutic Goods Administration (TGA) and comply with specific quality and safety standards. This ensures that the products on the market are safe for consumers and that there is proper oversight of their manufacture and distribution. The Excise and Customs Legislation Amendment (Streamlining Administration) Act 2024 (No. 51 of 2024) aims to simplify and modernise the administrative processes related to excise and customs duties. Section 5 of the Act requires businesses to adopt electronic invoicing systems for all transactions involving dutiable goods, thereby reducing paperwork and improving the accuracy of duty calculations. Section 6 introduces penalties for non-compliance with the new electronic invoicing requirements, including fines and potential legal action against defaulting businesses. This change is designed to streamline the compliance process and enhance the efficiency of duty collection. The Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Act 2024 (No. 52 of 2024) includes several provisions to support small businesses and charities. Section 7 provides tax relief for small businesses by reducing the corporate tax rate for companies with an annual turnover of less than $50 million. Section 8 offers enhanced deductions for charitable contributions made by individuals and companies, encouraging philanthropy and support for charitable activities. The Act also includes measures to improve financial reporting standards for small businesses, ensuring they have access to the necessary tools to comply with their obligations. The Governor-General Amendment (Salary) Act 2024 (No. 53 of 2024) establishes a fixed salary for the Governor-General. Section 9 sets the annual salary for the Governor-General at a specified amount, ensuring consistency and transparency in the remuneration of the office. This Act removes any ambiguity regarding the salary of the Governor-General and aligns it with the compensation standards for high-ranking public officials. By doing so, it ensures that the office of the Governor-General is adequately funded to support the performance of its duties. In terms of penalties and consequences for non-compliance, the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 includes provisions under Section 10, which imposes significant fines on businesses that fail to comply with the new regulations on the sale and advertising of vaping products. The Excise and Customs Legislation Amendment (Streamlining Administration) Act 2024 imposes penalties under Section 11, which includes fines and potential prosecution for businesses that do not adopt the required electronic invoicing systems. Failure to comply with the tax relief and reporting measures in the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Act 2024 could result in financial penalties and audits. These penalties are designed to enforce compliance and uphold the integrity of the legislative frameworks.