Timeline:
26 June 2024:
"These are government amendments that have come out of good faith consultations, Senator Ruston, with the crossbench. These amendments strengthen the laws and clarify the intent that has always been in the laws to return vaping to its original state of purpose of helping hardened smokers to quit by cracking down on the commercial sale and supply of recreational vapes while ensuring that those people who really need a therapeutic vape to help them quit can get one.
We've also listened to feedback generally about how important it is for people to have quick access to a quit consultation with a healthcare professional when they seek it. We know that a pharmacy is often the most accessible place people turn to when they need health advice, especially in remote and rural areas. After a 10-month period of having those quick conversations with their GP, we will expand the range of healthcare professionals who can have those conversations and recommend whether a therapeutic vape is needed to include pharmacists. I am conscious of the media commentary around the changes, but we do have the support of thousands of pharmacies across the country in relation to this. This has been a long process, one that Minister Mark Butler has worked diligently on with the health sector, the AMA, GPs and pharmacies, so we are prepared to move these amendments."
Also....
"Can I take this opportunity to thank you and Senator Jacqui Lambie for your collaboration on this bill. I know that tremendous effort has gone into getting the legislation to where it is and I certainly hear your thoughts there in your statement. There's been lots of data collected and reported already, by AIHW and ABS, as you would know, and what I've said previously in committee is that the legislation commits us to undertake an independent review of the bill and associated instruments within three years. The reason for that is that we need to be able to collate data over that period of time."
Malarndirri McCarthy Is Wrong, Here's Why:
Senator Malarndirri McCarthy’s speech in support of the vaping reforms is based on several flawed assumptions, misunderstandings of tobacco harm reduction, and a failure to recognize real-world evidence. Below is a fact-based rebuttal that highlights why her arguments are incorrect.
1. “We want to work to end recreational vaping while ensuring that hardened smokers can access therapeutic vapes.”
The Facts: Vaping Is Not Just for “Hardened Smokers” but a Key Harm Reduction Tool for Millions
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Vaping is the most effective smoking cessation tool available today, not just for "hardened smokers" but for anyone trying to quit.
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Countries where vaping is legally available (UK, New Zealand, Canada) have seen dramatic declines in smoking rates, proving its effectiveness as a harm reduction strategy.
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Restricting vapes to a pharmacy-only model creates unnecessary barriers to quitting smoking, making it harder for people to access a far safer alternative to cigarettes.
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By contrast, cigarettes are still freely available in convenience stores—why make the safer alternative harder to access?.
2. “Most smokers quit without any nicotine replacement tools.”
The Facts: Smokers Who Use Nicotine Vaping Have Higher Quit Rates
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This is misleading—while some smokers do quit without assistance, success rates are significantly higher when using aids like vapes.
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Studies show that vaping is at least twice as effective as nicotine patches or gum in helping smokers quit.
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By limiting access to vaping, the government is denying smokers an effective tool that could save lives.
3. “Pharmacists will only stock therapeutic vapes without candy flavors, brightly colored packaging, or high nicotine concentrations.”
The Facts: Removing Flavors and Limiting Nicotine Makes Vaping Less Effective
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Flavors are crucial for helping smokers transition away from cigarettes—studies show that most adult vapers prefer fruit and dessert flavors over tobacco flavors.
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Removing flavors makes vaping less appealing and increases the likelihood that smokers will relapse back to cigarettes.
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Regulated retail markets in the UK and New Zealand allow flavored vapes while enforcing strict age restrictions to prevent youth access.
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Banning bright packaging is unnecessary, as packaging plays no role in youth uptake—strict age enforcement is what matters.
4. “October 1 is an appropriate date for these improved access measures.”
The Facts: The Prescription Model Has Already Failed
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Australia’s prescription-only model has driven vapers to the black market, making it easier for youth to access illegal, unregulated high-nicotine vapes.
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Making vapes pharmacy-only does not improve access—it adds unnecessary barriers, making quitting smoking more difficult.
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The UK’s model of regulated retail sales has proven to be more effective in reducing smoking rates while preventing youth access.
5. “This measure will have a positive impact on consumers in rural and remote areas who struggle to access a GP.”
The Facts: A Pharmacy-Only Model Will Not Solve Rural Access Issues
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Many rural and remote Australians already struggle to access pharmacies, just as they do with GPs.
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By contrast, allowing regulated vape sales in retail stores would ensure easier access for smokers, no matter where they live.
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Forcing rural Australians to rely on pharmacies rather than allowing a regulated market is an unnecessary and harmful restriction.
6. “This is world-leading legislation.”
The Facts: The Most Effective Vaping Policies Are Found in Countries That Regulate Sales, Not Ban Them
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The UK and New Zealand have world-leading vaping policies that reduce smoking rates while preventing youth access.
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Australia’s restrictive approach has already led to one of the world’s largest black markets for vaping, undermining public health.
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Banning retail vape sales while keeping cigarettes widely available is not world-leading—it is a public health failure.
A More Effective Approach
Senator McCarthy’s speech is based on flawed logic and ignores global public health evidence. Instead of doubling down on prohibitionist policies that have already failed, Australia should adopt a regulated, evidence-based vaping policy, similar to the UK and New Zealand where:
✅ Smoking rates continue to fall.
✅ Youth vaping is controlled through proper retail regulation.
✅ Black markets are minimized.
✅ Adult smokers have legal access to a harm reduction tool.
By banning legal vapes, the Australian government is driving people back to smoking, strengthening criminal networks, and failing to protect youth. A legal, regulated market is the real solution.