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  1. #1
    Senior Member
    Join Date
    Nov 2010
    Perth WA

    Interesting legal argument

    I've only been here in WA for about 18 months, but what I have noticed is that the WA government will legislate, or regulate, at the drop of a hat. Lovely people, climate and environs but I reckon I'll be lucky to get out without a record!! I’m sure to break some law at some time, it seems to go right across life here.

    That said, WA has now decided to be the first state to ban Kr--ic. I'm not saying whether this is a good or bad thing and it doesn't affect me one way or the other.

    However, the proposed ban has thrown up an interesting legal argument that may or may not be useful to vapers in our quest for nic juice here in Aus.

    First, a link to an article on the ban (effective in a few days)

    Second, a link to a response from the suppliers

    The suppliers argue that the legislation (which nobody has seen at this stage) may;
    1. contravene Section 92 of the Constitution. Sect 92 upholds free trade between the states.
    2. be in contravention of the Mutual Recognition Act 1992. (This one I have experience in and I’m not sure whether they have a case, but I’ll have a look. BTW: I’ve successfully used this Act previously in the horticulture industry).
    3. be in contravention of a “mutual recognition” between NZ & Aus. Apparently, Kr—ic has been assessed by NZ Health and is legal and able to be sold in NZ.

    We know that NZ Health is currently looking at, and evaluating, the benefit of ecigs in smoking cessation. If NZ Health comes out with a recommendation to approve ecigs and nic juice in NZ, point 3 may be an interesting angle for us to take if such a “mutual recognition” exists.

    Basically, in regard to products, Mutual Recognition between states or countries means that if goods can be sold legally in the first jurisdiction, it is recognised as being able to be legally sold in the second jurisdiction. There are some restrictions but these are usually well defined in the Act.

    For those reasons, I think this will be one to watch.

    Sorry for the long post, but I could have gone on a lot longer.

    I’d be interested in viewpoints from others, especially those from a legal persuasion.


  2. #2
    Sik is offline
    Senior Member
    Join Date
    Jan 2011
    It sounds like typical knee jerk politics.

    Would be interesting to hear what peoples take on the mutual recognition legislation is. It seems to be more for mutual recognition of licenses to do stuff than actual products. Like peoples not having to hold a drivers license for each individual state.

    I'd say that someone did an audit of what the requirements of each license were and made them similar for multi-jurisdictional coverage.... Similar to the requirements for qualifications, so if you are a lawyer or Builder or Dr in QLD or NZ you can be one in VIC as well....

    It can still be overridden, using myself as an example, i have to hold both NSW and Victorian Gambling licenses because mutual recognition while stated in the document, doesnt actually fly with the regulators. Yet either the Vic or NSW license covers me to work in any other jurisdiction . Maybe due to the role i'm in but idk (either that or someone didnt do their job properly a few years ago)
    Current Vape: Variable Wattage mod, EPM Boge tanks, Something Fruity



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