Ecigs (but not tobacco cigs) ruled illegal in (Western) Australia

[AgentAnia]

First saw this in a D Puddlecote blog post (his info via Aussie Vapers): http://dickpuddlecote.blogspot.com/2014/04/e-cigs-ruled-illegal-in-australia.html

Judge Pritchard found in favour of the Health Department and in her decision expanded her conclusion to determine that in effect any
product E-Cig or otherwise that involves a hand to mouth action and results in the expulsion of vapour does in fact resemble a tobacco product and [therefore] falls under section 106a of the tobacco Products Control Act of 2006.

What does this mean? Well in short it means any model of E-Cig irrespective of its design is now illegal by case law precedent to be sold from within WA. One can only imagine that the other states may now try to follow suit.

And so, by way of judicial precedent, e-cigs are now ruled illegal in Australia.

If you're interested, here's the official WA court ruling: http://decisions.justice.wa.gov.au/...nts-WebVw/2014WASC0127/$FILE/2014WASC0127.pdf



ETA: Striking "visit Australia" off my bucket list. Damn....

 

[Dave_in_OK]

I think Judge Pritchard should be removed from the bench! Now that would send a message.

 

[rothenbj]

Anything to protect the vast investment in cigarettes and the drugs to "cure" the disease of smoking and treat the results. Good job Judge Pritchard. I might add that I think Australia already didn't allow nicquid to be sold and was basically ruling that something that looked like smoking, unless it was a cigarette, was illegal.

 

[DrMA]

What a travesty! And I used to have such a positive view of Australia...

 

[rothenbj]

What a travesty! And I used to have such a positive view of Australia...

I did to until I went there. I was on business so I didn't get a view of the more rural locations. However suburbia was just like the US although an earlier period in US history. Sydney was nice in the tourist area, but again, mush like an earlier US. Now that was about 15 years ago and from the sounds of this decision, they appear to be catching up very quickly.

 

[AgentAnia]

Anything to protect the vast investment in cigarettes and the drugs to "cure" the disease of smoking and treat the results. Good job Judge Pritchard. I might add that I think Australia already didn't allow nicquid to be sold and was basically ruling that something that looked like smoking, unless it was a cigarette, was illegal.

It wasn't clear to me when I opened this thread that the law the judge referred to is one that was passed to prohibit candy and toy cigarettes or smoking "paraphernalia" (maybe to save the chiiiildren?). I haven't read the original law, but it seems to me an enterprising attorney could appeal the current ruling on different grounds, or challenge based on equating ecigs w/ toys and candy... ??

I'm sad not to be able to visit Australia (I was anticipating at least a 6-month visit) but there are other destinations that I'm sure will appreciate my vaper's tourist dollars.

 

[aikanae1]

Tourism is big in Australia. I'm sure there are several who would like to hear your views about visiting.

What saddens me is that Au has universal health and my fingers were crossed that they would take a longer view of things like vaping. However, this is a judicial decision and not a policy one. I haven't read the paper yet, but the criteria is different.

I can't see Australian vapers taking this lightly. The laws were bizarre about buying nicotine already. I think it was NZ that wrote the paper on how helpful vaping appears to be for smoking cessation. I hope vapers down under put together some form of protest because I'd like to join in.

 

[CaliforniaAromaManiac]

Let's take this logic further: drinking a shot of water resembles drinking vodka, so it should be prohibited to children.

 

[rothenbj]

I think 6 months could be interesting. The Sidney area is neat around the harbor. I would have loved to have had the time to do the Harbour Bridge walk. It looked really neat and, as you can see from the pictures, what a view.

Sydney Harbour Bridge Climb - For The Climb Of Your Life!™

The other really neat thing was the zoo Many different animals than in the zoos I've been to. For some reason I thought the platypus was extinct until I saw one at the Taranga zoo.

Google Image Result for http://images.nationalgeographic.com/wpf/media-live/photos/000/006/cache/platypus_662_600x450.jpg

That pretty well covers the time I had in Sidney. The first week was in Paramatta, I think a suburb if Sidney. That's where I felt like I stepped back a couple decades. The most memorable moment was watching the Superbowl at 9:30 in the morning. Found a private athletic club/gambling house/bar thatwe begged out way into to watch the game.

If anyone makes the trip, schedule Singapore in February for the Thaipusan Festival. Take a look at the short video.

Singapore Thaipusam Festival - A Well Celebrated Hindu Festival

It was taken during the day. Our host took us to the home of the Singapore sling, the Raffle House, at night during this festival. It was downright scary not understanding what was going on. They said there was some other religious thing going on at the same time but the streets were filled with some crazed people. I'd hire a guide.

I found Singapore very interesting and I found a Hard Rock Cafe within walking distance to our hotel where I could get a decent hamburger.

 

[AgentAnia]

I think 6 months could be interesting. The Sidney area is neat around the harbor. I would have loved to have had the time to do the Harbour Bridge walk. It looked really neat and, as you can see from the pictures, what a view.

[snip]

:sigh: You've reminded me of many of the treks I was looking forward to, after years of research and planning, which I will now not make. Very sad. Ah well, moving on... New destinations to find, and advance planning is half the fun!

 

[r77r7r]

:sigh: You've reminded me of many of the treks I was looking forward to, after years of research and planning, which I will now not make. Very sad. Ah well, moving on... New destinations to find, and advance planning is half the fun!

You could maybe post that on their (CCWA) FB acct that AussieVapers is now hitting.

https://www.facebook.com/CancerCouncilWestAus

 

[lmb79]

Hi all, I just wanted to clarify the position as it currently stands in Western Australia. The Judges ruling provided that e-cigs were not permitted to be sold in Western Australia only. The laws relating to importation, use and possession were not in question. This resulted from loosely drafted legislation intended to restrict the sale of toys and foods which resemble tobacco products. This has caused the temporary closure of some stores in Western Australia.

The decision does not have any bearing on other states or territories in Australia.

 

[AgentAnia]

Hi all, I just wanted to clarify the position as it currently stands in Western Australia. The Judges ruling provided that e-cigs were not permitted to be sold in Western Australia only. The laws relating to importation, use and possession were not in question. This resulted from loosely drafted legislation intended to restrict the sale of toys and foods which resemble tobacco products. This has caused the temporary closure of some stores in Western Australia.

The decision does not have any bearing on other states or territories in Australia.

Please excuse my cynicism, but how long will it be before the bansturbators in other states or territories jump on the ban wagon?

 

[lmb79]

Please excuse my cynicism, but how long will it be before the bansturbators in other states or territories jump on the ban wagon?

The hope is that this was an isolated incident. No new laws were enacted dealing with e-cigs, just existing laws tested insofar as they may be applicable to e-cigs. The laws in other states probably don't apply and certainly don't use the same terminology as the WA legislation. The primary concern is that these actions were fully supported by the Cancer Council, who appear to now be vocally opposed to e-cigs.

We also have antiquated laws in relation to nicotine, it's sale is illegal within Australia but can be imported for personal use. A crazy country I live in.

 

[Jake6731]

The vendor in this case has started a crowd funding site - if you feel the urge to help him out.
Ecigs. Our right not to smoke Tobacco. by Vince van Heerden - GoFundMe

 

[r77r7r]

I tried to register at the Aussie forum to offer my support, but they said my email address was banned, lol.