Page 1 of 14 12311 ... LastLast
Results 1 to 10 of 135
Like Tree88Likes

Thread: State Legislation and you....

  1. #1
    Sik
    Sik is offline
    Senior Member
    Join Date
    Jan 2011
    Location
    melbtarctica
    Posts
    1,671

    Question State Legislation and you....

    Editorial note ... this is an old thread and details are evolving all the time as Vaping changes and the Govt's approach or non approach to it varies ... please take into consideration links might be up to 4 years old or not valid anymore ... if you have links relevant to State legislation please feel free to add them ... more relevant info will be found reading from the last page back
    FM



    The current situation with liquid nicotine across Australia

    According to the Poisons Standard 2010 “NICOTINE for use as an aid in withdrawal from tobacco smoking in preparations for inhalation” is Schedule 2 (Pharmacy Only medicine). Unfortunately no state authority has yet officially confirmed Nicotine Juice as an unapproved S2 medicine and many states insist that it therefore falls under the parent category – Schedule 7.

    http://smokescreen.info/just-the-fac...legal-question

    Queensland:
    The Health (Drugs and Poisons) Regulation 1996, Part 4 Section 217 states that you cannot lawfully obtain, possess, sell etc a Regulated Poison. Appendix 7 Section 3 Classifies Nicotine as a Regulated Poison.
    SEIZURES CURRENTLY TAKING PLACE

    New South Wales:
    No restrictions on obtaining nicotine or possession, only retailing and wholesaling. Link. Link.

    ACT:
    ACT Medicines, Poisons and Therapeutic Goods Act 2008 a substance contained in Schedule 7 is defined as a dangerous poison (Chapter 3, Part 3.1 Section 12).

    Victoria:
    The Drugs, Poisons and Controlled substances Act 1981 does not place any restrictions on the personal possession of nicotine if considered Schedule 2 or 6.
    Tasmania
    Neither the Tasmanian Poisons Act 1971 nor the POISONS REGULATIONS 2008 restrict possession of nicotine

    South Australia:
    The South Australian Controlled Substances (Poisons) Regulations 1991 places no restrictions on obtaining nicotine or possession only retailing and wholesaling.

    Northern Territory:

    Part XI of the NT Poisons and Dangerous Drugs Act impose restriction on the possession of Schedule 7 Substances of which nicotine is one. However you can apparently apply for a permit.

    Western Australia:
    Neither the Western Australian Poisons Act 1964 or the Poisons Regulations 1965 contain restrictions on obtaining nicotine or possession, only retailing and wholesaling



    http://www.legislation.nsw.gov.au/se...r/2008-392.pdf (2008)
    http://www.legislation.nsw.gov.au/fu...1966+FIRST+0+N (1966)
    http://www.legislation.vic.gov.au/do...1-9719a091.pdf
    http://www.legislation.sa.gov.au/LZ/...01)/1991.7.PDF
    http://www.slp.wa.gov.au/pco/prod/Fi...df?OpenElement
    http://www.slp.wa.gov.au/pco/prod/Fi...df?OpenElement
    http://www.pharmacy.utas.edu.au/pdf/...s Act 1971.pdf
    http://www.austlii.edu.au/au/legis/t...reg/pr2008230/
    http://notes.nt.gov.au/dcm/legislat/...LE/Repp028.pdf
    http://notes.nt.gov.au/dcm/legislat/.../Repp028R1.pdf
    http://www.legislation.act.gov.au/a/...df/2008-26.pdf
    Last edited by Fatman; 23-05-15 at 01:27 PM.
    Current Vape: Variable Wattage mod, EPM Boge tanks, Something Fruity

  2. #2
    AVF Regular
    Join Date
    Mar 2011
    Location
    Brisbane
    Posts
    1,253
    Great links Sik, thank you.

    How dare they turn us into criminals.
    I have thought deeply about the fines and have decided I will go to Gaol before I will pay a fine for doing something harmless to myself and others-
    JWH, Gresh11, youngvaper34 and 1 others like this.

  3. #3
    Sik
    Sik is offline
    Senior Member
    Join Date
    Jan 2011
    Location
    melbtarctica
    Posts
    1,671
    It should also be noted that if you drink methylated spirits in the NT you can be fined up to 20 units and imprisoned for up to 3 months.

    edit: You may also die a horrible death.
    JWH and Dymo316 like this.
    Current Vape: Variable Wattage mod, EPM Boge tanks, Something Fruity

  4. #4
    Member
    Join Date
    May 2011
    Location
    Ingham Queensland
    Posts
    32
    Good stuff sik. Im from Qld and had a bit of a read on section 271. a few points to consider:
    a) if we obtain permits, we're right (point 1 (a))
    b) (2) Subsection (1) does not apply to a person who uses a
    regulated poison mentioned in appendix 7, items 1 to 7 of this
    regulation, other than fluoroacetic acid or strychnine, that is
    registered by the Australian Pesticides and Veterinary
    Medicines Authority under the Agricultural and Veterinary
    [s 272]
    Health (Drugs and Poisons) Regulation 1996
    Chapter 4 Poisons
    Part 4 Regulated poisons
    Reprint 10D effective 28 January 2011 Page 237
    Chemicals Code Act 1994 (Cwlth) for use as a pesticide, for
    its registered purpose.


    Im using my nic to treat pests on my cactii

    it still seems pretty grey really, as nicotine IS actually a pesticide...
    Dymo316 likes this.

  5. #5
    AVF Regular
    Join Date
    Mar 2011
    Location
    Brisbane
    Posts
    1,253
    Quote Originally Posted by barbi355 View Post
    Good stuff sik. Im from Qld and had a bit of a read on section 271. a few points to consider:
    a) if we obtain permits, we're right (point 1 (a))
    b) (2) Subsection (1) does not apply to a person who uses a
    regulated poison mentioned in appendix 7, items 1 to 7 of this
    regulation, other than fluoroacetic acid or strychnine, that is
    registered by the Australian Pesticides and Veterinary
    Medicines Authority under the Agricultural and Veterinary
    [s 272]
    Health (Drugs and Poisons) Regulation 1996
    Chapter 4 Poisons
    Part 4 Regulated poisons
    Reprint 10D effective 28 January 2011 Page 237
    Chemicals Code Act 1994 (Cwlth) for use as a pesticide, for
    its registered purpose.


    Im using my nic to treat pests on my cactii

    it still seems pretty grey really, as nicotine IS actually a pesticide...
    True but they arent worried about the pesticide in our legal cigarettes and tobacco are they.
    If its just the way the nic is packaged thats easily fixed if they had a will to do it.
    darker forces of self interest at work here.
    mobtek, youngvaper34 and Dymo316 like this.

  6. #6
    Senior Member
    Join Date
    Apr 2011
    Location
    Melbourne VIC
    Posts
    1,992
    Quote Originally Posted by barbi355 View Post
    Im using my nic to treat pests on my cactii
    I think you'll find these laws relate to obtaining and possessing nicotine. If you look here you'll see domestic and domestic garden use is a no, no in most states. We're using it as a way to slow/stop smoking. We're not calling it a cessation aid because it hasn't been tested for that, and it's not medicine since it's not directly making you better. So it's not for the cactii it's for you. Geddit

  7. #7
    Senior Member
    Join Date
    Apr 2011
    Location
    Melbourne VIC
    Posts
    1,992
    Awesome work Sik, just fantastic. I've updated the SMOKESCREEN Legal Status page to reflect everything you've posted - and given due credit

  8. #8
    Sik
    Sik is offline
    Senior Member
    Join Date
    Jan 2011
    Location
    melbtarctica
    Posts
    1,671
    Quote Originally Posted by soundasleep View Post
    Awesome work Sik, just fantastic. I've updated the SMOKESCREEN Legal Status page to reflect everything you've posted - and given due credit
    It looks much better on your website...

    This is however not gospel, just my opinion and people should understand the laws for themselves. I dont believe "But Sik said so" is a tangible legal defence. I would very much welcome other people providing feedback on this, especially anyone with a legal background.
    Current Vape: Variable Wattage mod, EPM Boge tanks, Something Fruity

  9. #9
    Member
    Join Date
    May 2011
    Location
    Ingham Queensland
    Posts
    32
    judging by that last siezure qld is effed. Itll spread like a cancer to the other states then...

  10. #10
    Senior Member
    Join Date
    Apr 2011
    Location
    Melbourne VIC
    Posts
    1,992
    Quote Originally Posted by Sik View Post
    This is however not gospel, just my opinion and people should understand the laws for themselves. I dont believe "But Sik said so" is a tangible legal defence. I would very much welcome other people providing feedback on this, especially anyone with a legal background.
    It's a fantastic starting point though. If we hear otherwise we can correct from there. The goods news for the moment is it looks like at least 5 states are OK, 2 question marks and 1 problem. If we keep up the letter writing and push for educational and a responsible re-action to this new product (not a OMG SAVE THE KIDDIES!) we might be able to stop any pushes to restrict in these states, and hopefully get the other 3 states to change their laws (or learn to work within the current laws - it's easy to work around a law than change it
    JWH likes this.

 

 
Page 1 of 14 12311 ... 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 © 2017 vBulletin Solutions, Inc. All rights reserved.
Search Engine Friendly URLs by vBSEO 3.6.0
All times are GMT +11. The time now is 06:07 AM.