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Online sales to South Australian vapers banned from today

Posted on October 1, 2019


From today, 1 October 2019, online sales of vaping products are banned to South Australian vapers. Local and interstate vendors will face stiff fines for selling even a single strand of cotton to a customer in South Australia.

The negative impact of this regressive legislation is hard to overstate. Businesses will close or move, causing hundreds of job losses and millions of dollars of lost revenue for South Australia. Life-saving vaping products will be harder to access and many vapers will be condemned to returning to deadly tobacco smoking.

Worst affected will be customers living in rural and regional areas with no access to brick and mortar vape stores, and people with disability or mobility problems - effectively now been banned from vaping.

Not surprisingly, this legislation has created a lot of confusion among vapers all across the country. Here are some common questions we’ve been hearing.

Can I still buy from brick and mortar stores?

Yes. Brick and mortar vape shops will be able to continue making face-to-face sales for the time being. However other vaping restrictions will continue, such as a bans on displaying products in-store, special offers and tasting test juices in-store.

Can South Australians buy from online stores interstate?

No. Interstate companies are still subject to the South Australian law and are committing an offence if they sell a product to a South Australian customer.

How about overseas vendors?

Maybe. It is illegal for international companies to sell to South Australian customers as they are required to follow the local laws of any country they operate in. However, the South Australian government has limited ability to actually pursue international vendors and it’s likely that the vast majority will continue selling to customers in South Australia.

Can South Australian customers get into trouble if they buy from interstate or overseas?

No. The law imposes penalties on vendors who sell to South Australian customers, but does not impose penalties on South Australian customers who attempt (successfully or otherwise) to order vaping products.

Can I buy something for my friend in South Australia and be reimbursed later?

No. The act of accepting money in exchange for vaping products makes you liable under the law in South Australia.

How can we prevent this from occurring in other states?

This is a wake-up call to every vaper in the country. Governments can and will restrict our right to vape if we don’t stand up and make our objections known. There are hundreds of thousands of vapers in Australia, all of whom vote. That’s a lot of power, if we’re willing to use it.

So use it. Write a letter to every MP in your state and let them know how vaping has changed your life. Express your concern that your rights are being eroded. Ask to meet in personal with your local MP at their earliest convenience. Be firm, polite, and persistent — if you don’t get a reply, or if your MP says they’re too busy to meet you, ask again. Remember, they work for you, not the other way round.

There are a lot of great resources available to help you connect with politicians and make your voice heard. Legalise Vaping Australia have made a handy web form you can use to email your local MP here.

The government also publishes a list of all Senators and federal MPs, along with their mailing and email addresses here.

Don’t wait for someone else to do all the work. Take ten minutes out of your day — just ten minutes! — to look up your local MP and write them a letter. It’s incumbent on every single one of us to shout our message from the rooftops: we vape, we vote, and we’re not going to take it any more.

Author: Savvas Dimitriou, Australian Vaping Advocacy, Trade and Research (AVATAR)


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12 Replies to “Online sales to South Australian vapers banned from today”

Anthea

Unfortunately, my local member is Greg Hunt. He seems to be the biggest hurdle to overcome legalizing nicotine vaping. I wrote to him and received a 4 page lecture on why he won't even consider legalizing vaping. Nicotine gum, patches an sprays are available in supermarkets and chemist shops. Misting oil burners are throwing out clouds of vapour as you enter the chemist shop, and yet the best aid to give up tobacco does both these things, is illegal. Huh?

Justyn Banks

I’m a vaper from the UK and I think this whole attack on people using these life changing and saving products is utterly ridiculous. The UK has embraced vaping as a 95% safer alternative to smoking. Regulation is probably needed but to deny people Vaping products is potentially sentencing people to poor health and death….. seriously what kind of government would do that to it’s own people and as you will find out…. VOTERS that will use their democratic right to vote in PRO-VAPING politicians.

Geoff P

Yes Anthea the big Pharmaceutical companies have quite an interest in banning vapes.
How much are their nicotine sprays patches and gums worth ?
And who is getting paid to say what ?

Sherry Faram

That is totally fkd🤬 I turned to vaping 11mths ago due to health reasons. I have copd, and I was unsuccessful with trying to quit the smokes, hence me taking up vaping as a safer alternative. Since I've been vaping I haven't had an asthma attack. I was using the machine every day. My pressure was going through the roof. I couldn't walk hardly coz I couldn't breathe (hence dizzy spells and perspiring profusely) I got diagnosed with emphysema. Coz my breathing was so bad, I was given 2 choices. Stop smoking or I won't see the year out, but I still had difficulty trying to stop smoking. They were considering having me on oxygen for the rest of my life. With my daughter's help, she introduced me to e cigs. She has been for about 11yrs now. Since then my health has improved so much. I have a carer, but now I've also got some of my independence back. I only use the pods. They don't irritate my chest at all. If e cigs get banned, I don't have the willpower to not return to smoking cigaettes. The Government needs to stop playing with people's lives, especially people with copd. E cigs have SAVED my life, and that is a FACT. I have my doctor's support, and she's never smoked in her life. But I'm now 1 LESS person on the hospital list.

Lynne johnston

How bloody ridiculous, I'm fumingon behalf of the South Australian vaping industry and vapours. I live in UK and thank goodness our government are sensible (at the moment) although they are all too busy arguing about Brexit at the moment. There will be be job losses, shops and makers of juices will suffer and people who once smoked and replaced cigs with vaping will probably go back to smoking, where is the sense in that? People who visit vape shops won't be able to try the juices before they buy or get a full description of the vape flavours in the juices. I for one will not be visiting any country that enforces laws like this or visit any country that bans vaping completely. A furious UK vapour

Donald James Foster

I live in New Zealand and I feel for you in Australia I hope we don't go down the same street . Good luck I stand with you

Geoff Powell

Ignorant politicians looking only at popularity to justify their actions.
Given there are a lot more non smokers than smokers/vapers whos vote do you think they will go after.
Non smokers are largely uneducated on the benefits of vaping over smoking OR they believe the misinformation and fake news that has been constantly spread about from dubious sources.
I have owned a vape shop in SA for 5 years and have seen thousands of hopelessly addicted smokers make the switch. The reports of health improvements are universally the same. No one is saying they are completely safe (fresh air is) yet that is what the critics conveniently suggest we do. And of course the kids who are not legally able to buy them. "the flavours are to attract the kids!" BS. Since when do your taste buds disappear when you turn 18. Kids do what kids do – alchohol – cigarettes etc. Interestingly it has been reported that the number of under 18 year olds who've tried vaping has increased a lot but the number of young smokers has decreased at the same time. Go figure.
I could write about this forever but in closing has there been any feedback requested from Vape shop owners and their customers, Of course not.
Those who are vigilantly trying to stop vaping will be found out in time and should all be vilified and if I had my way, prosecuted for their actions.

Bronwyn

It should not be vaping banned it should be cigarettes that are banned as they are really bad for you! My son put me on to vaping as he vapes and it has helped my asthma and do not get asthma as bad as I use to since i started vaping. If we are unable to buy the vape juice or the products needed for vaping looks like i will go back to having more asthma attacks. And i do not have any with nicotine in them either! I am not happy this has happened.

Byron Waters

"Can South Australians buy from online stores interstate?
No. Interstate companies are still subject to the South Australian law and are committing an offence if they sell a product to a South Australian customer."

Hi Athra, I believe this is incorrect. Interstate companies are subject to their own state laws unless I'm missing something in the legislation? Can you please provide the actual section/subsection of the legislation where interstate vendors a prohibited to sell to vape products online to South Australian's? The way I read it, this only applies to South Australians. But again I may be wrong.

Colin

Hi Byron, This article was based on detailed, expert legal advice. Savvas could tell you more. Please email me and i will put you in contact with him. colin@athra.org.au

Wade

Just switched from smoking to vaping two weeks ago. It’s hard at the moment but I am enjoying the price difference between the two.
Maybe the government is worried they won’t get the revenue from tax if everyone switched?

vincent dowd

How dare you persecute those that live in the bush!
How dare you tell a grown adult what he or she can do with there own bodies, this is nanny state robbing my liberty. You are a bunch of AUTHORITARIAN do gooders. Look at the irony, you deny my liberties to vape while others scoff sugar and alcohol both disastrous to human heath!

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