Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill – Second Reading speech

Thursday 18 May 2023 

S.E. ANDREWS (Gibson) (12:46): I rise to indicate my support for the Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill 2022, a bill introduced by the Hon. Connie Bonaros MLC in the other place. I thank the Hon. Connie Bonaros for her hard work on this legislation and her willingness to work with the government to ensure this legislation provides robust measures to address illicit tobacco in South Australia. 

We all know that smoking and vaping have a significant impact on the health of South Australians, with smoking still the leading preventable cause of death and disease in Australia. We further know that public health measures have had an enormous impact on smoking prevalence in South Australia and nationally. However, it is time to do more, which includes prohibiting illegal tobacco in South Australia. 

This can include tobacco that is sold without branding, either loose or rolled up into cigarettes; contraband cigarettes which are produced by legitimate manufacturers but on which excise customs duty or GST has not been paid; or counterfeit cigarettes produced to appear like those produced by registered manufacturers. 

Existing South Australian laws do not allow for South Australian authorised officers to enforce compliance with the commonwealth laws around the packaging and labelling of tobacco products, and therefore requires them to refer cases of possible noncompliance to the relevant commonwealth government enforcement authority. This can delay taking these products, which likely have no health warnings on them and have had no duty paid on them, off the market. 

By amending the South Australian Tobacco and E-Cigarette Products Act 1997, this bill will allow enforcement to occur. The amended bill will prohibit the supply or sale of tobacco products in South Australia that do not meet the requirements of the commonwealth's Tobacco Plain Packaging Act 2011, including health warnings, and prohibit the supply or sale of tobacco products that are prohibited goods or have not had the required excise duty paid. 

These are important changes, as we know the positive impact that the Gillard government's world-leading plain packaging legislation has had on reducing smoking rates; therefore, we do not want smoking products sold without this plain packaging and the appropriate warnings. Additionally, given the significant health costs associated with smoking, it is essential that all excise is collected so that funds can be used to further enhance our health system. I am pleased to see the price of cigarettes rising in the recent federal budget, as hopefully this will act as an incentive for smokers to stop and discourage non-smokers, particularly young people, from starting. 

The bill will give authorised officers under the South Australian act, including our police, extra powers and incentive to enforce the law, with increased penalties and a view to addressing the illegal trade in South Australia. In supporting this bill the government is reaffirming its commitment to reduce smoking, ensuring better health outcomes for South Australians, which can only be positive for our community. 

Labor has committed to providing $400,000 to Cancer Council SA to fund a Tackling Tobacco pilot program in South Australia to help reduce the smoking rate in at-risk communities, $2.25 million in funding over three years to Life Education SA and Encounter Youth to deliver preventative education programs, and a further $40,000 in funding for Encounter Youth to deliver its programs for free to 60 disadvantaged schools across our state and to incorporate wellbeing supports and work with families to assist students in breaking vaping addiction. 

This government's commitment to reduce tobacco and e-cigarette use and harm is outlined in the South Australian Tobacco Control Strategy 2023-2027, which was launched on 13 April 2023. The strategy includes a range of programs and initiatives to drive down the prevalence of smoking in South Australians aged 15 and over to 6 per cent by 2027—the most ambitious target in the country. In addition to the initiatives above, as one of the key actions in the strategy the state government will consult with stakeholders on how best to introduce new smoke-free and vape-free laws in outdoor public areas, particularly those that are popular with young people. 

I was proud to stand with our education minister, health minister and Professor Spurrier last week, who have been leading the push for action on vaping across the nation, at the launch of the state government education campaign to stop young people vaping. We know there are over 7,000 chemicals in tobacco smoke, of which 70 can cause cancer; however, community members, particularly young people, are still of the view that vapes are safe. We know that they do, in fact, contain chemicals found in nail polish remover, weedkiller, bug spray and disinfectant, as well as high levels of nicotine. 

Surprisingly, the vaping industry turns 20 this year, but this does seem like an addiction that has snuck up upon our community. The launch for this action plan occurred at Brighton Secondary School, one of the most fabulous public schools amongst many in my electorate. Principal Tony Lunniss informed the media that his school has a strong focus on vaping-specific education as part of their overall drug education program. 

Principal Lunniss emphasised that it is important we take opportunities to provide information and education to young people as part of our focus on wellbeing to encourage them not to start vaping and if they are vaping to encourage them to quit. Young people are enticed by the dark marketing of products by social media influencers and kid-friendly flavours, like crème brûlée, sour sherbet and watermelon. 

The proposed new laws I mentioned earlier would ban smoking and vaping within 10 metres of children's education and childcare centres and five metres of non-residential building entrances, at public hospitals and health facilities, including aged-care facilities, and private hospitals and within five metres of their boundaries. 

Also subject to bans will be outdoor public swimming facilities, major sports or event facilities or within 10 metres of playing and viewing areas during organised sporting events for under 18 year olds, which is an important change, as we know we do not want parents or caregivers smoking near our kids who are playing sport. Our surf lifesavers will be pleased to hear that it is proposed smoking on beaches will be prohibited within 50 metres of patrol flags and within five metres of jetties. 

We are also proposing to outlaw cigarette vending machines in licensed venues and increased penalties for selling to minors, with the proposal of doubling penalties for the sale or supply of tobacco products to children. As a parent of a public high school student, I am encouraged by all that our government is doing to take this preventative action. 

I would also like to echo Professor Spurrier, who encourages families to be supportive if their children are addicted to vaping, rather than angry, because their children will need help, often professional help from a doctor or other healthcare professional, if they are addicted. They will be suffering serious peer pressure and might need other assistance and we must show them kindness and understanding. 

It is important, too, to note the environmental impact of vaping with its disposable one-use plastics and lithium batteries. The sale of e-cigarettes is widespread, with sale by home delivery through the internet extensive. 

I would like to thank ministers Butler, Picton and Boyer, plus all the health and education professionals and stakeholders who already have or will join the fight to end smoking of cigarettes and vapes in South Australia, particularly among our children and grandchildren. I commend the bill to the house.