Page 1 of 11 123 ... LastLast
Results 1 to 10 of 101
Like Tree235Likes

Thread: Fined for "smoking" an e-cig in a public place

  1. #1
    AVF Regular
    Join Date
    Oct 2013
    Location
    Melbourne
    Posts
    3,691

    Fined for "smoking" an e-cig in a public place

    http://www.news.com.au/national/nsw-...-1226752385199
    ohhh dear......

    Perhaps he could have argued it is not smoking, it is vaping ?
    Last edited by Altered1; 03-11-13 at 11:35 PM. Reason: fixed the link




    Gaffer Tape is like The Force - it has a light side, a dark side, and it holds the universe together

    Without specific approval, No one has permission to quote me outside of AVF

  2. #2
    AVF Regular
    Join Date
    Oct 2011
    Location
    Hobart Tasmania
    Posts
    5,658
    Sad
    I would have got a lawyer if it was me

  3. #3
    AVF Regular
    Join Date
    Aug 2013
    Location
    Melbourne
    Posts
    2,160
    wtf! what does in a "public place" mean? he wasnt in the train was he?

  4. #4
    AVF Regular
    Join Date
    Mar 2012
    Location
    Sydney (vaping since Nov 2011)
    Posts
    2,144
    well the d!cks have band smoking out on outside platforms out in the open air and this isn't even smoking. Agree margyb a good lawyer would have slammed 'em on the fact its not technically smoking.

  5. #5
    Super Moderator
    Join Date
    Aug 2012
    Location
    Central Vic,up near the Murray
    Posts
    17,897
    The guy doesnt need a lawyer

    http://www.legislation.nsw.gov.au/fr...0AND%20No%3D69

    This is the parent act which governs the Smoke Free legislation
    Look under part 1 preliminary
    Note under point 4 of definitions ...

    "smoke means smoke, hold or otherwise have control over, an ignited smoking product."

    Soooo the Legislation itself is based on the act of ignition ( combustion)

    ergo Electronic Cigarettes are not subject to ignition nor do they emit smoke ... case closed !

    NOW THIS IF UNCHALLENGED PRESENTS A RATHER SERIOUS PRECEDENT !
    where precedence has been made OUTSIDE of legislation ... This should be appealed and would be a 5 minute matter if re-heard one would think , and dissolve the precedence?

    If it is not done , I wonder if it then has ramifications for us all down the line ?

    Hmmm how to contact this fellow methinks ... anyone near Gosford want to take it on ?
    Noe, GirlyPantz, margyb and 7 others like this.
    EPM V2-18490 (X2 ),GP Spheroid V2.5 and GP Piccolo V2.5 ,BBCB, Provari mini's, REO mini V2.1, 18490 REO , Jazz Carto Pipes ( fitted with GA tank and churchwarden stem Totally Evil!!! ), Meerschaum pipe ,e-holly35W,Phideas, AIOS,Taifun atties, PC Pipe mods.PC Squonker, Svapiamo squonker, GP Paps Heron combo.

    Vaping since 2007 totally smoke free since 2011


    AVF Rules , Read and understand them

  6. #6
    AVF Regular
    Join Date
    Feb 2011
    Location
    Brisbane-GoldCoast
    Posts
    1,186
    Yep its not smoking its sipping on steam.... under this ruling they would be able to fine people for the steam coming out of their travel mugs... he should appeal
    spud and avtek like this.

  7. #7
    AVF Regular
    Join Date
    Oct 2013
    Location
    Melbourne
    Posts
    3,691
    But i bet this poor bloke will not have the ability or finances to appeal

    Sent from my GT-I9305 using Tapatalk
    margyb and spud like this.




    Gaffer Tape is like The Force - it has a light side, a dark side, and it holds the universe together

    Without specific approval, No one has permission to quote me outside of AVF

  8. #8
    AVF Regular
    Join Date
    Feb 2011
    Location
    Brisbane-GoldCoast
    Posts
    1,186
    Quote Originally Posted by Altered1 View Post
    But i bet this poor bloke will not have the ability or finances to appeal

    Sent from my GT-I9305 using Tapatalk

    Yeah but there are enough of us to help out with that, I am sure we could help advocate for him if we tried
    Noe, margyb and spud like this.

  9. #9
    Super Moderator
    Join Date
    Aug 2012
    Location
    Central Vic,up near the Murray
    Posts
    17,897
    I would actually think a nice lawyer looking to make a name for himself might even do this pro bono ... I think actually his fees would be covered under compensation for the clearly incorrect application of the law
    Fine should be waived and costs awarded against the Court
    Noe, GirlyPantz, spud and 1 others like this.
    EPM V2-18490 (X2 ),GP Spheroid V2.5 and GP Piccolo V2.5 ,BBCB, Provari mini's, REO mini V2.1, 18490 REO , Jazz Carto Pipes ( fitted with GA tank and churchwarden stem Totally Evil!!! ), Meerschaum pipe ,e-holly35W,Phideas, AIOS,Taifun atties, PC Pipe mods.PC Squonker, Svapiamo squonker, GP Paps Heron combo.

    Vaping since 2007 totally smoke free since 2011


    AVF Rules , Read and understand them

  10. #10
    Super Moderator
    Join Date
    Aug 2012
    Location
    Central Vic,up near the Murray
    Posts
    17,897
    Technically as this precedence has been made ... someone using Ventolin in a public place should be fined as well
    EPM V2-18490 (X2 ),GP Spheroid V2.5 and GP Piccolo V2.5 ,BBCB, Provari mini's, REO mini V2.1, 18490 REO , Jazz Carto Pipes ( fitted with GA tank and churchwarden stem Totally Evil!!! ), Meerschaum pipe ,e-holly35W,Phideas, AIOS,Taifun atties, PC Pipe mods.PC Squonker, Svapiamo squonker, GP Paps Heron combo.

    Vaping since 2007 totally smoke free since 2011


    AVF Rules , Read and understand them

 

 
Page 1 of 11 123 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Powered by vBulletin® Version 4.2.4
Copyright © 2019 vBulletin Solutions, Inc. All rights reserved.
Search Engine Friendly URLs by vBSEO 3.6.0
All times are GMT +11. The time now is 04:52 PM.