Supplementary Order Paper No 536

No 536

House of Representatives

Supplementary Order Paper

Thursday, 2 July 2020

Smokefree Environments and Regulated Products (Vaping) Amendment Bill

Proposed amendments

Hon Nicky Wagner, in Committee, to move the following amendments:

Clause 21

In clause 21, replace new section 14A(2)(b) (page 14, lines 17 and 18) with:

(b)

at least–

(i)

70% of the person’s total sales from the retail premises are or will be from the sale of vaping products; or

(ii)

50% of the person’s total sales from the retail premises are or will be from the sale of vaping products and the person is a responsible retailer of vaping products, having regard to the matters in subsection (2A); and

In clause 21, after new section 14A(2) (page 14, after line 19) insert:

(2A)

For the purposes of subsection (2)(b)(ii), the matters to which the Director-General must have regard in determining whether a person is a responsible retailer of vaping products are—

(a)

the nature and duration of the person’s experience as a retailer of vaping products; and

(b)

the policies and processes the person has in place to ensure that they comply with the requirements of this Act; and

(c)

the nature of the other products sold by the retailer; and

(d)

any other matters the Director-General considers to be relevant.

Schedule 1

In Schedule 1, delete new clause 5B (page 62, line 25 to page 63, line 22).

Explanatory note

This Supplementary Order Paper amends the bill to allow an exemption for businesses that receive at least 50%, but not 70%, of their turnover from vaping products to be designated as a specialist retailer of vape products if they are a responsible retailer. A series of conditions apply and the Director General of Health will make the final determination.