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.
1 Name of Act
This Act is the Public Health (Tobacco) Amendment (E-cigarettes) Act 2015.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment 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[2]–[4] (Repealed)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 9:8A Application 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[6]–[11] (Repealed)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 16:15A Application 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, orbut does not include anything of a kind excluded by the regulations.(b) the trademark or brand name, or part of a trademark or brand name, of an e-cigarette,
[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)
sch 1: Am 1987 No 15, sec 30C.