Expanded Definitions of Smoking and Smoking Products
Tobacco and Other Smoking Products (Vaping Goods) Amendment Bill 2025
Introduced by: Rachel Stephen-Smith (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Smoking now includes using a personal vaporiser or vaping good; this applies to cannabis, tobacco, and herbal products.
A person is considered to be smoking if they inhale vapour; it also includes holding or controlling an activated smoking product.
People are not smoking if they hold a product to extinguish it or remove it from a restricted area.
The government can only ban specific smoking products if they have a fruity or sweet character; it also applies if the packaging attracts children.
Defendants under the Tobacco and Other Smoking Products Act must meet specific legal burdens to prove their case in court.
The law removes the requirement for retail tobacconists to buy smoking products only from licensed wholesalers.