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  1. #1
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    ?? Electronic cigarettes containing nicotine are prohibited in Victoria??

    Am I a bit slow cause I hadn't seen this before

    It was a fact sheet authorised by victorian government. I found it when i googled "Electronic cigarettes containing nicotine are prohibited in Victoria " and was dated 25th November 2011

    Sorry i couldnt download link here but the fact sheet stated



    On 1 January 2009, legislative changes came in to effect to prohibit electronic cigarettes and their cartridges containing nicotine in Victoria. The decision was made on the basis that nicotine for human use is a dangerous poison and electronic cigarettes have not been assessed for safety, quality or efficacy.

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

    The prohibition applies to electronic cigarettes obtained from anywhere within Australia as well as overseas, whether over the internet or by other means.

    The Australian medicines regulator, the Therapeutic Goods Administration does not support the use of electronic cigarettes: http://www.tga.gov.au/consumers/ecigarettes.htm and has not assessed any of these products as therapeutic goods.

    There are advocates within the media who suggest that electronic cigarettes containing nicotine are therapeutic goods when used as an aid in withdrawal from smoking and can therefore be legally imported for personal use. These suggestions are incorrect and misleading.

    Electronic cigarettes containing nicotine are not regulated as therapeutic goods in Australia and cannot be legally imported for personal use.

    Some electronic cigarettes and cartridges may be advertised as “nicotine-free”. Unless such products are tested and found to be nicotine-free by accredited laboratories, suppliers and potential consumers cannot rely on such marketing claims.

    Certain smoking cessation aids containing nicotine have been assessed as medicines for therapeutic use by the Therapeutic Goods Administration and can be legally supplied and used in Australia. Products are available from supermarkets and pharmacies and include lozenges, gums, transdermal patches, inhalers and tablets. The labels will include the AUST R number indicating that the products are listed on the Australian Register of Therapeutic Goods.

    Smokers wishing to give up smoking are encouraged to seek the support of Quit Victoria by calling the Quitline on 13 7848 (13 QUIT) or checking the website on http://www.quit.org.au/

  2. #2
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    So much BS in a single press release.

    "These suggestions are incorrect and misleading." Actually they're not. As much as the TGA likes to bleat about a product not being therapuetic without their approval, that is simply not the case. If it was, why would the Personal Import Scheme even exist?

    E-cig hardware itself has not been banned, the only change to the law was making nic juice Schedule 7 (and therefore illegal).

    Since then even the Scheduling Commitee has deemed e-cig /w nic when used as a therapeutic aid to be Schedule 4!

    Even the TGA has come out saying there are no laws prevention importation.
    Last edited by soundasleep; 10-12-11 at 03:52 AM.

  3. #3
    CCC
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    Soundasleep - Will the TGA ever asses electronic cigs, and do you think they will fail due to leaking issues?

  4. #4
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    Hmmm.. found that link you mentioned I think. http://docs.health.vic.gov.au/docs/d...ed-in-Victoria .... is this it? still brain dead after only 3 hours sleep so I wont say too much but it does say they are illegal? Now i sit back and let the awake and thinking people on here pick this to bits haha.
    Sits back and watches thread.

  5. #5
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    Thanks skyspider,
    yes that was link.
    I just couldn't download it.

    It was the date that caught my eye - 25 november 2011

    Page 2 reads
    Quote

    Victoria Police is responsible for investigating supplies of electronic cigarettes to the public. The local police station should be contacted if electronic cigarettes are being offered for sale from retail outlets, irrespective of whether or not the sales are being promoted as “nicotine-free”.

    If further information on the regulation of electronic cigarettes containing nicotine in Victoria is needed, please contact Drugs and Poisons Regulation phone 1300 364 545.

    Other recent controls on drugs and drug paraphernalia
    Synthetic cannabinoids and their derivates were prohibited in Victoria on 8 July 2011 http://www.premier.vic.gov.au/images...c_cannabis.pdf.

    The sale, display and supply of bongs, bong kits and bong components will be banned in Victoria from 1 January 2012 http://www.premier.vic.gov.au/media-...and-youth.html.

    The display (for sale) of ornamental water pipes used for smoking tobacco products will be restricted to no more than three within a retail outlet from 1 January 2012. For more information go to http://www.health.vic.gov.au/aod/bongandhookahlaw.htm

    November 2011

  6. #6
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    "On 1 January 2009, legislative changes came in to effect to prohibit electronic cigarettes and their cartridges containing nicotine in Victoria. The decision was made on the basis that nicotine for human use is a dangerous poison and electronic cigarettes have not been assessed for safety, quality or efficacy.

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

    Interesting to note they do not reference the "1 January 2009 legislation" that is used to claim "In Victoria it is illegal to..... otherwise obtain, possess or use an electronic cigarette or cartridge containing nicotine." as far as I know leglistation banning ecig containing nicotine only extends to the "manufacture, sell, supply, purchase" but not the "otherwise obtain, possess or use"

    Unless I see the specific leglistation that backs up their claim, I believe they are misrepresenting current legislation. And remember they reference legislation from 2 years ago, if that were the case customs would be confiscating and police would be charging or infringing........yet none of this has occurred.

    Cheers
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  7. #7
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    The only thing that I can find that relates to the stated "1 January 2009" date is there was a change to the Victorian legislation that brought Victoria inline with the other states that effectively banned the "sale or supply BY RETAIL of nicotine for human use when it is included in S7".

    The amendment that took effect on 1 January 2009 simply stopped Australian retailers from selling ecigs containing nicotine to Victorians.

    You'll note that has no effect on personal possession, use or importation.

    I believe someone in that department is misinformed.

    Cheers
    Daily Setup: Modded 3400mah FDV iStick, Orchid v4 RTA
    Daily Juice: Vaporeyes - Lazer Lombardi
    In the mail: Vapor Flask DNA40

  8. #8
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    Thanks MACCA i too can't find any legislation that backs their fact sheet claim

    QUOTE

    "In Victoria it is illegal to manufacture, sell, supply, purchase or otherwise obtain, possess or use an electronic cigarette or cartridge containing nicotine.
    The prohibition applies to electronic cigarettes obtained from anywhere within Australia as well as overseas, whether over the internet or by other means."

    So why has the victorian government put the fact sheet out there ? Scare tactics?

  9. #9
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    My health > their laws

    ****'em....
    CO, Vapers Against Government Interference in Nictotine Acquisition - Military Wing.

  10. #10
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    Stop nannying us, as humans we have the freedom to make our own choices when it's only us it impacts.

    In any case, I'd love to see where 'electronic cigarette' is defined in legal terms. What's to stop someone saying 'it's my vaporiser' (which it is)? Any charges surely could not stick if there is no clear definition for the term.

 

 
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