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Thread: Read and Weep - Your Laws - State by State

  1. #1
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    Read and Weep - Your Laws - State by State

    I checked out which States had laws the same as WA (s106) today.

    If you are a vendor, and think that you are safe to trade because WA law will not affect you, then please find your State below. (I have highlighted the relevant wording is in bold type - significant items are also underlined).

    I did this primarily for personal reasons but later I decided that the findings needed circulating as a 'just in case you didn't know' warning.

    There is a link to the full legislation for each state.
    My comments at the end of each section are in blue.


    NSW Law
    NSW Legislation
    21 Smokeless tobacco, confectionery and toys(
    1) A person must not manufacture or sell in New South Wales a tobacco product designed for consumption otherwise than by smoking.
    (2) Subsection (1) does not apply to the manufacture or sale of any mixture or product, or mixture or product of a class, prescribed by the regulations if the manufacture or sale occurred in the circumstances prescribed by the regulations.
    (3) A person must not sell:
    (a) any confectionery or other food, or
    (b) any toy, amusement or other product,
    that resembles a tobacco product or is packaged to resemble a tobacco product.

    Similar wording to WA Law



    VIC Law

    TOBACCO ACT 1987 - SECT 15N Ban orders

    TOBACCO ACT 1987 - SECT 15N

    Ban orders
    (1) The Minister, by order published in the Government Gazette, may ban a product or a class of products if—
    (a) the Secretary recommends the making of the order to the Minister under section 15O; or
    (b) the product or the class of products has been prohibited or restricted by or under a law of the Commonwealth or another State or Territory on the ground that the product or the class of products meets one or more criteria that substantially correspond to the criteria set out in section 15O(2)(a).

    TOBACCO ACT 1987 - SECT 15O

    Secretary may recommend ban order
    (1) The Secretary may recommend to the Minister that a ban order be made in respect of a specified product or a specified class of products.
    (2) The Secretary must not make a recommendation under subsection (1) unless the Secretary has fully investigated the matter and is satisfied that—
    (a) the product
    (i) is a tobacco product and the product or its smoke possesses a distinctive fruity, sweet or confectionery-like character; or
    (ii) is a tobacco product and has packaging that appeals to children or young people; or
    (iii) is not a tobacco product but resembles a tobacco product; or
    (iv) is of a nature or is advertised in a way that may encourage children or young people to smoke; and
    (b) the supply of the product should be prohibited, having regard to the objects of this Act.
    (3) A recommendation by the Secretary must set out the grounds for the recommendation.

    Can be banned without further legislation by using WA Law


    QLD Law
    https://www.legislation.qld.gov.au/L...oPrPrSuA98.pdf
    26ZS Supply of food or toys resembling tobacco products
    (1) A person must not, as part of a business activity, supply to a
    person—
    (a) food that is not a tobacco product but resembles a
    tobacco product; or
    (b) a toy that resembles a tobacco product.

    (2) For subsection (1), food or a toy resembles a tobacco product
    if the food or toy—
    (a) has an appearance that is likely to cause a reasonable
    person to consider the food or toy resembles a tobacco
    product or tobacco product package; or
    (b) is contained in a package that is likely to cause a
    reasonable person to consider the package resembles a
    tobacco product package; or
    (c) is declared under a regulation to resemble a tobacco
    product or tobacco product package.

    Queensland’s Law defines that it wishes to protect Children.
    (‘Food or Toy’ – It is not a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco)


    SA Law

    http://www.legislation.sa.gov.au/LZ/...1997.26.UN.PDF
    36—Products designed to resemble tobacco products
    A person must not sell by retail any product (other than a tobacco product) that is
    designed to resemble a tobacco product.

    Very similar wording to WA Law


    TAS Law
    PUBLIC HEALTH ACT 1997 - SECT 68A 68A.*Restrictions regarding toys and confections, &c.

    PUBLIC HEALTH ACT 1997 - SECT 68A

    68A. Restrictions regarding toys and confections, &c.
    A person must not display, sell or supply any of the following things to another person:
    (a) a toy that resembles, or is intended to represent, a tobacco product;
    (b) a confection that resembles, or is intended to represent, a tobacco product;
    (c) . . . . . . . .
    (d) a tobacco product that is –
    (i) confectionery-flavoured or confectionery-scented; or
    (ii) fruit-flavoured or fruit-scented;
    (e) cigarette papers that are –
    (i) confectionery-flavoured or confectionery-scented; or
    (ii) fruit-flavoured or fruit-scented.

    Tasmania’s Law, even more specifically, defines that it wishes to protect Children.
    (‘Toy or Confection’ – Again, it is not a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco)



    ACT Law

    http://www.legislation.act.gov.au/a/...df/1927-14.pdf
    18 Food and toys resembling or promoting smoking
    products
    (1) A person commits an offence if the person—
    (a) sells or imports food or a toy; and
    (b) the food or toy, or its package or packaging, resembles—
    (i) a smoking product; or
    (ii) a smoking product package.

    (2) For subsection (1), food or a toy resembles a smoking product or a
    smoking product package if a reasonable person would believe that
    the resemblance exists, or is likely to exist.

    The ACT’s Law also defines that it wishes to protect Children.
    (Again, ‘Food or Toy’ and not a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco)


    NT Law
    TOBACCO CONTROL ACT - SECT 3 Object
    Northern Territory Consolidated Acts


    TOBACCO CONTROL ACT - SECT 3

    Object
    The object of this Act is to reduce the harm to people's health from the consumption of tobacco and other smoking products:
    (a) by discouraging people from smoking; and
    (b) by reducing people's exposure to environmental tobacco smoke; and
    (c) by supporting people to stop smoking.

    I cannot find any reference to non tobacco products in this legislation.
    The object of the NT’s Law is to support people to give up smoking.
    No pre-conceived ideas on how – just a legislated statement of support to people who no longer wish to smoke.


    WA Law (In case you have been asleep)
    SUPREME COURT OF WESTERN AUSTRALIA (case ref: [2014] WASC 127)
    PRITCHARD J: On 2 December 2011, Mr Van Heerden was found to
    have in his possession 60 packages of 'electronic cigarettes' (the items).
    He was charged with an alleged contravention of s 106 (a) of the Tobacco
    Products Control Act 2006 (WA) (the Act)
    , which offence was alleged to
    have occurred on dates unknown between 24 November 2011 and
    2 December 2011. Section 106(a) of the Act provides that:
    A person must not sell any food, toy or other product that is not a tobacco
    product but is -
    (a) designed to resemble a tobacco product … .

    A similar law to NSW, VIC and SA that has been so badly misinterpreted that it is now a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco and fkucs all our vendors.

    Noe, GirlyPantz, margyb and 6 others like this.

  2. #2
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    From Midlife's post regarding the Northern Territory: HeavenlyVapours Court Loss Results In Total Ban of All E-Cig Model Sales In WA

    TOBACCO CONTROL ACT - SECT 46
    Sale of children's products resembling tobacco products

    A person must not sell a product designed or marketed for consumption or use by children (including but not limited to confectionery and toys) if it:

    (a) resembles, or is packaged to resemble, a tobacco product; or

    (b) has or is likely to have the effect of encouraging children to smoke (whether it is intended to have that effect or not).
    GirlyPantz, lozza 82 and TrueNews like this.

  3. #3
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    tl;dr Blanket bans anytime they get tired of the noise. Zero effort required to do so.

  4. #4
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    Quote Originally Posted by TrueNews View Post
    I checked out which States had laws the same as WA (s106) today.

    If you are a vendor, and think that you are safe to trade because WA law will not affect you, then please find your State below. (I have highlighted the relevant wording is in bold type - significant items are also underlined).

    I did this primarily for personal reasons but later I decided that the findings needed circulating as a 'just in case you didn't know' warning.

    There is a link to the full legislation for each state.
    My comments at the end of each section are in blue.


    NSW Law
    NSW Legislation
    21 Smokeless tobacco, confectionery and toys(
    1) A person must not manufacture or sell in New South Wales a tobacco product designed for consumption otherwise than by smoking.
    (2) Subsection (1) does not apply to the manufacture or sale of any mixture or product, or mixture or product of a class, prescribed by the regulations if the manufacture or sale occurred in the circumstances prescribed by the regulations.
    (3) A person must not sell:
    (a) any confectionery or other food, or
    (b) any toy, amusement or other product,
    that resembles a tobacco product or is packaged to resemble a tobacco product.

    Similar wording to WA Law



    VIC Law

    TOBACCO ACT 1987 - SECT 15N Ban orders

    TOBACCO ACT 1987 - SECT 15N

    Ban orders
    (1) The Minister, by order published in the Government Gazette, may ban a product or a class of products if—
    (a) the Secretary recommends the making of the order to the Minister under section 15O; or
    (b) the product or the class of products has been prohibited or restricted by or under a law of the Commonwealth or another State or Territory on the ground that the product or the class of products meets one or more criteria that substantially correspond to the criteria set out in section 15O(2)(a).

    TOBACCO ACT 1987 - SECT 15O

    Secretary may recommend ban order
    (1) The Secretary may recommend to the Minister that a ban order be made in respect of a specified product or a specified class of products.
    (2) The Secretary must not make a recommendation under subsection (1) unless the Secretary has fully investigated the matter and is satisfied that—
    (a) the product
    (i) is a tobacco product and the product or its smoke possesses a distinctive fruity, sweet or confectionery-like character; or
    (ii) is a tobacco product and has packaging that appeals to children or young people; or
    (iii) is not a tobacco product but resembles a tobacco product; or
    (iv) is of a nature or is advertised in a way that may encourage children or young people to smoke; and
    (b) the supply of the product should be prohibited, having regard to the objects of this Act.
    (3) A recommendation by the Secretary must set out the grounds for the recommendation.

    Can be banned without further legislation by using WA Law


    QLD Law
    https://www.legislation.qld.gov.au/L...oPrPrSuA98.pdf
    26ZS Supply of food or toys resembling tobacco products
    (1) A person must not, as part of a business activity, supply to a
    person—
    (a) food that is not a tobacco product but resembles a
    tobacco product; or
    (b) a toy that resembles a tobacco product.

    (2) For subsection (1), food or a toy resembles a tobacco product
    if the food or toy—
    (a) has an appearance that is likely to cause a reasonable
    person to consider the food or toy resembles a tobacco
    product or tobacco product package; or
    (b) is contained in a package that is likely to cause a
    reasonable person to consider the package resembles a
    tobacco product package; or
    (c) is declared under a regulation to resemble a tobacco
    product or tobacco product package.

    Queensland’s Law defines that it wishes to protect Children.
    (‘Food or Toy’ – It is not a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco)


    SA Law

    http://www.legislation.sa.gov.au/LZ/...1997.26.UN.PDF
    36—Products designed to resemble tobacco products
    A person must not sell by retail any product (other than a tobacco product) that is
    designed to resemble a tobacco product.

    Very similar wording to WA Law


    TAS Law
    PUBLIC HEALTH ACT 1997 - SECT 68A 68A.*Restrictions regarding toys and confections, &c.

    PUBLIC HEALTH ACT 1997 - SECT 68A

    68A. Restrictions regarding toys and confections, &c.
    A person must not display, sell or supply any of the following things to another person:
    (a) a toy that resembles, or is intended to represent, a tobacco product;
    (b) a confection that resembles, or is intended to represent, a tobacco product;
    (c) . . . . . . . .
    (d) a tobacco product that is –
    (i) confectionery-flavoured or confectionery-scented; or
    (ii) fruit-flavoured or fruit-scented;
    (e) cigarette papers that are –
    (i) confectionery-flavoured or confectionery-scented; or
    (ii) fruit-flavoured or fruit-scented.

    Tasmania’s Law, even more specifically, defines that it wishes to protect Children.
    (‘Toy or Confection’ – Again, it is not a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco)



    ACT Law

    http://www.legislation.act.gov.au/a/...df/1927-14.pdf
    18 Food and toys resembling or promoting smoking
    products
    (1) A person commits an offence if the person—
    (a) sells or imports food or a toy; and
    (b) the food or toy, or its package or packaging, resembles—
    (i) a smoking product; or
    (ii) a smoking product package.

    (2) For subsection (1), food or a toy resembles a smoking product or a
    smoking product package if a reasonable person would believe that
    the resemblance exists, or is likely to exist.

    The ACT’s Law also defines that it wishes to protect Children.
    (Again, ‘Food or Toy’ and not a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco)


    NT Law
    TOBACCO CONTROL ACT - SECT 3 Object
    Northern Territory Consolidated Acts


    TOBACCO CONTROL ACT - SECT 3

    Object
    The object of this Act is to reduce the harm to people's health from the consumption of tobacco and other smoking products:
    (a) by discouraging people from smoking; and
    (b) by reducing people's exposure to environmental tobacco smoke; and
    (c) by supporting people to stop smoking.

    I cannot find any reference to non tobacco products in this legislation.
    The object of the NT’s Law is to support people to give up smoking.
    No pre-conceived ideas on how – just a legislated statement of support to people who no longer wish to smoke.


    WA Law (In case you have been asleep)
    SUPREME COURT OF WESTERN AUSTRALIA (case ref: [2014] WASC 127)
    PRITCHARD J: On 2 December 2011, Mr Van Heerden was found to
    have in his possession 60 packages of 'electronic cigarettes' (the items).
    He was charged with an alleged contravention of s 106 (a) of the Tobacco
    Products Control Act 2006 (WA) (the Act)
    , which offence was alleged to
    have occurred on dates unknown between 24 November 2011 and
    2 December 2011. Section 106(a) of the Act provides that:
    A person must not sell any food, toy or other product that is not a tobacco
    product but is -
    (a) designed to resemble a tobacco product … .

    A similar law to NSW, VIC and SA that has been so badly misinterpreted that it is now a ‘Catch All’ Law that will cause harm to Ex Smokers trying to quit tobacco and fkucs all our vendors.

    Found this on the Victorian Health Departments website:

    In Victoria it is illegal to manufacture, sell, supply, purchase or otherwise obtain, possess or use an electronic cigarette or cartridge containing nicotine.

    Doesn't seem to be enforced - probably not enough resources to catch us all
    RIDING OLD SKOOL likes this.

  5. #5
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    thinking about my post above, I'm now confused. If the above is true (no reason to doubt the Health Departments fact sheet) but doesn't this already make us worse off than WA? So why is there the concern that what happens in WA will dictate the results in other states? It appears Victorian is already past WA.

    Can anyone shed any light on it?
    Last edited by Michelle; 30-04-14 at 12:53 AM.
    mrsgruffy likes this.

  6. #6
    AussieVapers approved Vendor
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    Townsville QLD
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    The Qld law is an old one
    try page 53 of this document valid from Nov 2013
    https://www.legislation.qld.gov.au/L...coOSmPrA98.pdf

    26ZS Supply of objects resembling tobacco products
    (1) A person must not, as part of a business activity, supply to a
    person an object, other than a tobacco product, that resembles
    a tobacco product.
    Maximum penalty—140 penalty units.

    Very similar wording to WA Law
    Last edited by Ozzie; 30-04-14 at 08:12 AM.
    TrueNews likes this.

    My wife always forgives me when she is wrong.

  7. #7
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    Quote Originally Posted by Michelle View Post
    thinking about my post above, I'm now confused. If the above is true (no reason to doubt the Health Departments fact sheet) but doesn't this already make us worse off than WA? So why is there the concern that what happens in WA will dictate the results in other states? It appears Victorian is already past WA.

    Can anyone shed any light on it?
    The legislation has always been there. The court case needs to be overturned, because if it isn't a precedent will be set. Our legal system is based on case law, or common law - which basically means what has gone before is used to determine future cases.

    Taken from Wikipedia - The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained.

    Yes, the legislation is in other states. And you can guarantee if this is not successfully appealed, it will be used. But if an appeal is successful, then there would be not much point for other health departments in other states going after vendors, as there will already be a precedent that says they won't win. Of course, even when precedents are set, new cases can still be brought, but prior judgements do come into play with our legal system. It wouldn't surprise me if other states health departments knew about the bust long before it was carried out.
    Noe, GirlyPantz, margyb and 2 others like this.

  8. #8
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    Quote Originally Posted by keyboardmama View Post
    The legislation has always been there. The court case needs to be overturned, because if it isn't a precedent will be set. Our legal system is based on case law, or common law - which basically means what has gone before is used to determine future cases.

    Taken from Wikipedia - The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained.

    Yes, the legislation is in other states. And you can guarantee if this is not successfully appealed, it will be used. But if an appeal is successful, then there would be not much point for other health departments in other states going after vendors, as there will already be a precedent that says they won't win. Of course, even when precedents are set, new cases can still be brought, but prior judgements do come into play with our legal system. It wouldn't surprise me if other states health departments knew about the bust long before it was carried out.
    Thanks, I'd forgotten about common law. So I assume Victorian legislation hasn't yet been tested. Its certainly not enforced which is a good thing - there is probably not the resources to go after the individual users. Stay strong Vendors!

  9. #9
    Noe
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    Quote Originally Posted by keyboardmama View Post
    The legislation has always been there. The court case needs to be overturned, because if it isn't a precedent will be set. Our legal system is based on case law, or common law - which basically means what has gone before is used to determine future cases.

    Taken from Wikipedia - The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained.

    Yes, the legislation is in other states. And you can guarantee if this is not successfully appealed, it will be used. But if an appeal is successful, then there would be not much point for other health departments in other states going after vendors, as there will already be a precedent that says they won't win. Of course, even when precedents are set, new cases can still be brought, but prior judgements do come into play with our legal system. It wouldn't surprise me if other states health departments knew about the bust long before it was carried out.
    Exactly why the WA Supreme Court ruling has to be appealed.
    It's not about the specific vendor in the case or whether or not you like or dislike that vendor, it's about all vendors across Australia & Aussie vapers having access to those vendors for their needs.
    Possibly, the NT legislation looks encouraging for vendors but it would not take much for NT to use the same precedent by applying it to SECT 46 part (b).

    Also if the precedent is set & Victorian authorities latch onto it, it is very worrying for our freedom to vape Australia wide too. A case of prosecuting a Vic vaper for possession will be the next logical case & that will set a precedent for the rest of the country.
    It is possible that by 2015 vaping is outlawed all across Australia, I certainly hope this isn't what happens but vaping threatens the cash cows that the Govt. is protective of, thus it is not in their interest to allow vaping to continue in the way that it is.
    I can see all this happening & then the Govt. allowing "research" to filter through, then changing laws & imposing similar tax as it does to tobacco on e-cigs made, "under govt. authority" or license, by BT.
    With over-priced, under-performing, cigalikes sold in every servo across Australia.

    And if you know anyone that thinks this isn't a likely scenario, watch this video:

    Officially #1 Customer and Supporter of Essiemessy's Custom made Glass Drip Tips!
    Essie's Glass DTs

    Sent from my kickass gaming PC using keyboard & fingers.

    The Dahli Lama once said, "People do not laugh enough & take life too seriously, causing stress." A good laugh can cure a build up of stress, stress is a leading cause of grey hair & early death.

    Vape Hard or go home and Vape Hard!

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