Timeline:
25 June 2024:
" The consequences of this ban have been disastrous, with nine out of 10 vapers having already rejected the prescription model and instead sourcing their products from the black market.
The ban has allowed a situation to develop where now around 1.5 million Australians are vaping illegally, a situation that amounts to it being the second-largest illegal drug market in the country, behind cannabis.
Instead of stamping out recreational vaping, as the Minister for Health and Aged Care, Mark Butler, said the ban would do, this action has allowed a black market to thrive. In Mr Butler's own words, this black market 'is a lucrative source of revenue for criminal gangs who use it to bankroll drug trafficking, sex trafficking and all of their other criminal activities'. This black market is estimated to be worth $1 billion, fuelled by the sale of millions of imported and stockpiled disposable devices. Dr Martin also said that increasing the penalties for ignoring the ban or policing it further won't actually stop criminals from entering this vaping black market. He said:
They simply allow them to charge more for their services and increase the profits available to organised crime.
Further, he said: … markets adapt, and supply goes underground, where it is even more difficult to police.
Experience tells us that black markets are unregulated, and in this case Dr Martin said that 'unregulated' means that the vapes that are being sold on the black market are 'more potent, more addictive and more dangerous than their legal alternatives'. That means the vapes that are finding their way into the hands of our children fall into the 'highly addictive and dangerous' category."
"We don't even know how the government plans to measure this policy, so how will we know whether it's a failure or a success?"
"My coalition colleagues on the Community Affairs Legislation Committee raised concerns about the way the inquiry into this bill was managed. More than 60 of the 200 submissions received were published less than two days before the public hearings, making it difficult to understand all the different views presented before witnesses gave evidence. This process is yet another example of the Labor government's contempt for the committee process, its rejection of carefully considered policymaking and its poor attitude towards those stakeholders who are genuinely uneasy about the reforms presented in this bill. More than a third of the submissions received concerned the fire bombings and homicides that have escalated since this black-market trade in nicotine products exploded. Small-business owners who have been running their enterprises lawfully have been the targets of violent attacks, many of which were perpetrated in Melbourne suburbs, but none of these submitters were invited to give evidence in person.
Additionally, a number of international experts made submissions to the inquiry pointing out the differences in Australia's approach to restricting access to nicotine vaping products to prescription only when compared to other countries. None of these international experts were invited to provide evidence that the committee hearings either. The submission from Action for Smokefree 2020 Aotearoa New Zealand pointed out:
New Zealand has seen very little evidence of an organised illicit vape market … due to … competition from the legal marketplace.
New Zealand's regulated model provides more safety for consumers and supports people using vaping to quit smoking. We could have learned much from one of our closest neighbours, but they were not invited to expand on their evidence.
Professor Ann McNeill from King's College in London said: … the medical prescription requirement appears cumbersome and unlikely to be a workable option for people who smoke …
Professor Nancy Rigotti from Harvard Medical School said that Australia's regulatory models for vapes failed to make them readily available to smokers whose lives could be saved. This international expert, who sits on the Tobacco Products Scientific Advisory Committee, urged Australia to switch to a risk-proportionate model, as other Western countries have done. The World Health Organization's former director of research policy and cooperation, Professor Tikki Pangestu, said that, in countries where vapes are regulated—such as New Zealand, the USA and the UK—they have had 'significant reductions in youth vaping numbers'. He said:
Regretfully, such reductions have not been observed in Australia and perhaps there are lessons to be learnt from these other countries with regards to strategies and policies which are effective in reducing the incidence of youth vaping.
In markets where a total ban applies to vaping products, it is inevitable that an illicit 'black market' will become a major problem for the government.
None of these experts, who, between them, have vast experience in this space, were invited to speak during the inquiry, yet what they had to say makes a lot of sense.
To this end, I am pleased the coalition confirmed its stance on this issue when Senator Ruston and Senator Paterson outlined our preference for a regulated model to address illegal vaping earlier today. This sensible approach will reform the mess that illegal nicotine vapes have created in Australia and will disrupt the vape trade to our children."
"Making vapes available via prescription or a chat with a pharmacist will not address the growing black-market trade in illegal vapes"
"A regulated model is the solution to this dire problem, and that is what will keep our children safe."