Bills — Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024; Second Reading
Not passed by a small majority
No rebellions 92% attendance
26th Jun 2024, 12:13 PM – Senate Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 - in Committee - Evidential burden of proof & periodic reporting by minister
Summary
EditThe majority voted against Opposition amendments on sheets 2586 and 2587, which means they failed.
Amendment text
SHEET 2586
(1) Schedule 1, item 11, page 21 (line 13), omit "or subsection (9)".
(2) Schedule 1, item 11, page 21 (after line 14), after subsection 41QD(6), insert:
Evidential burden of proof
(6A) Despite subsection 13.3(3) of the Criminal Code and section 41QE of this Act a person does not bear an evidential burden in relation to the matters in subsection (9).
SHEET 2587
(1) Schedule 1, item 11, page 26 (after line 17), insert:
Division 3 — Periodic reporting by Minister
41RE Periodic report on smoking and vaping rates
(1) As soon as practicable after the end of each reporting period, the Minister must cause a report to be prepared on smoking and vaping rates in Australia.
(2) As soon as practicable after the completion of a report, the persons who prepared the report must give the report to the Minister.
(3) The Minister must cause each report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(4) The Minister must be satisfied that each report was prepared in collaboration with such Commonwealth, State and Territory agencies as the Minister considers appropriate.
(5) In this section:
reporting period means:
(a) the period of 6 months beginning on the day this section commences; or
(b) each subsequent 6-month period.
Note: The Illicit Tobacco and E-cigarette Commissioner must prepare reports on enforcement statistics, and analysis of those statistics, relating to the illicit tobacco and e-cigarette trade in Australia, including detections and seizures of illicit tobacco and e-cigarette products, and associated arrests. Reports must be prepared every 12 months and tabled in both Houses of the Parliament. See Chapter 6A of the Public Health (Tobacco and Other Products) Act 2023.
Votes Not passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (91% turnout) | 0 Yes – 10 No | |
| Penny Allman-Payne Queensland | No | |
| Dorinda Cox WA | No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Steph Hodgins-May Victoria | No | |
| Nick McKim Tasmania | No | |
| David Shoebridge NSW | No | |
| Jordon Steele-John WA | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Barbara Pocock SA | Absent | |
| Australian Labor Party (76% turnout) | 0 Yes – 19 No | |
| Tim Ayres NSW | No | |
| Catryna Bilyk Tasmania | No | |
| Carol Brown Tasmania | No | |
| Anthony Chisholm Queensland | No | |
| Raff Ciccone Victoria | No | |
| Lisa Darmanin Victoria | No | |
| Varun Ghosh WA | No | |
| Nita Green Queensland | No | |
| Karen Grogan SA | No | |
| Malarndirri McCarthy NT | No | |
| Deborah O'Neill NSW | No | |
| Fatima Payman WA | No | |
| Helen Polley Tasmania | No | |
| Louise Pratt WA | No | |
| Tony Sheldon NSW | No | |
| Glenn Sterle WA | No | |
| Jana Stewart Victoria | No | |
| Anne Urquhart Tasmania | No | |
| Murray Watt Queensland | No | |
| Don Farrell SA | Absent | |
| Katy Gallagher ACT | Absent | |
| Jenny McAllister NSW | Absent | |
| Marielle Smith SA | Absent | |
| Jess Walsh Victoria | Absent | |
| Penny Wong SA | Absent | |
| Jacinta Nampijinpa Price NT Country Liberal Party | Yes | |
| Andrew McLachlan SA Deputy President | Yes | |
| David Pocock ACT Independent | No | |
| Lidia Thorpe Victoria Independent | Absent | |
| David Van Victoria Independent | Absent | |
| Jacqui Lambie Network (100% turnout) | 0 Yes – 2 No | |
| Jacqui Lambie Tasmania | No | |
| Tammy Tyrrell Tasmania | No | |
| Liberal National Party (100% turnout) | 2 Yes – 0 No | |
| Matthew Canavan Queensland | Yes | |
| James McGrath Queensland | Yes | |
| Liberal Party (74% turnout) | 17 Yes – 0 No | |
| Alex Antic SA | Yes | |
| Wendy Askew Tasmania | Yes | |
| Andrew Bragg NSW | Yes | |
| Slade Brockman WA | Yes | |
| Richard Colbeck Tasmania | Yes | |
| David Fawcett SA | Yes | |
| Sarah Henderson Victoria | Yes | |
| Jane Hume Victoria | Yes | |
| Maria Kovacic NSW | Yes | |
| Kerrynne Liddle SA | Yes | |
| Matt O'Sullivan WA | Yes | |
| Gerard Rennick Queensland | Yes | |
| Linda Reynolds WA | Yes | |
| Anne Ruston SA | Yes | |
| Paul Scarr Queensland | Yes | |
| Dave Sharma NSW | Yes | |
| Dean Smith WA | Yes | |
| Simon Birmingham SA | Absent | |
| Michaelia Cash WA | Absent | |
| Claire Chandler Tasmania | Absent | |
| Jonathon Duniam Tasmania | Absent | |
| Hollie Hughes NSW | Absent | |
| James Paterson Victoria | Absent | |
| National Party (75% turnout) | 3 Yes – 0 No | |
| Ross Cadell NSW | Yes | |
| Susan McDonald Queensland | Yes | |
| Bridget McKenzie Victoria | Yes | |
| Perin Davey NSW | Absent | |
| Pauline Hanson's One Nation Party (50% turnout) | 1 Yes – 0 No | |
| Malcolm Roberts Queensland | Yes | |
| Pauline Hanson Queensland | Absent | |
| Sue Lines WA President | No | |
| Ralph Babet Victoria United Australia Party | Yes | |
| Totals (78% turnout) | 26 Yes – 33 No |
Turnout is the percentage of members eligible to vote that did vote.