Zali Steggall (Warringah, Independent) Share this | Hansard source

This bill implements minor amendments from the government's response to the Philip review by strengthening integrity measures across Medicare, pharmaceuticals and therapeutic goods. It equips regulators with stronger powers to tackle fraud, unlawful products and the growing threat of vaping. In fact, for those wanting the detail, schedule 1 of the bill aims to improve the enforcement of Medicare integrity by, first of all, changing claim timeframes for bulk-billed Medicare and dental services from two years to one year, broadening investigative powers to ensure they can be used across health benefit schemes, streamlining the pharmacy approval processes and providing greater oversight powers to obtain information about potential noncompliance. Schedule 1 also proposes amendments to the Therapeutic Goods Act to better manage and alleviate the consequences of medicine shortages.

Critically, what I want to focus on today is schedules 2 and 3 of the bill, which strengthen legislative action against vaping by closing loopholes, strengthening enforcement and harmonising laws. The widespread availability of illegal vapes remains extremely concerning. We passed legislation during the last parliament in relation to vaping, but clearly it is not working and much more is needed. It's emerging as one of the major public health threats to Australia in our communities. Tobacconists are popping up within 300 metres of schools all over the place in our areas and communities, and it is unacceptable. Regularly I hear from parents, carers and other members of the community about the increasing number of these tobacco shops that are popping up just everywhere. I've talked about it at local government level; they are powerless about it because it's not a change of use, so we need a strong direction from the federal government to do something about this. My Independent colleagues at state level are pressing state government to do more to stop these tobacconists popping up everywhere, but we have to do something. People are alarmed about how this can continue to occur, especially in such close proximity to our schools, parks and childcare centres. It is clearly a targeted measure from vaping and illegal tobacco.

Australia has a strong history of tackling public health issues. For years tobacco use continued to fall. The measures had worked. In 2001 about one in two people in Australia, 49 per cent, had smoked in their lifetime; 20 years later, by 2022-23, this had reduced to just one in three, 35 per cent, already a great outcome. But we need to keep pushing to do better. This was possible through world-leading measures such as plain packaging, advertising bans and tobacco excise. Unfortunately it's rebuilding. The tobacco companies have invested and    moved into the vaping space, and what we're seeing is now an attack on health that is incredibly concerning. Vaping rapidly filled the gap, and there are so many misconceptions in our community about vaping. There are a number of measures that governments need to take. Vaping have read the consumer and marketing playbook, marketed in bright colours and sweet flavours and sold illegally in rapidly emerging tobacco stores around the country. According to the Australian Institute of Health and Welfare nearly 50 per cent of Australians aged 18 to 24 have tried e-cigarettes and vapes. In 17- to 18-year-olds it has tripled in just three years—a massive problem. Despite the 2024 vaping reforms the black market remains rampant, and the gap between legislation and enforcement continues to erode public trust. There has to be more done from a Border Force point of view and then policing and implementation.

This bill introduces minor amendments that align with and add greater clarity to the existing vaping reforms. These are important progressive steps, but they must be matched with so much more. They need national enforcement, penalties and education. The wider issue here remains protecting young Australians from addiction. I actually recently had the opportunity to speak to some of our area commanders, from a policing point of view, and there was a real concern about lack of resources to properly police tobacco concerns. We need implementation of greater accountability for retailers and distributors who continue to sell vapes illegally; consideration of a nationwide licence for tobacconists with stricter compliance and oversight requirements; strengthening of penalties to deter the illegal behaviour; and properly resourced and staffed policing and enforcement capabilities.

Further, we need more transparency, data around who is been provided with vapes and reporting on enforcement outcomes so communities know that action is being taken where it is needed. We need education campaigns in schools and in workplaces to counter this industry marketing, and we need to protect children. Too many do not think of vaping in the same way as they think of smoking. They do not understand that it is as bad—this is as bad for your health, community and children. The Youth Vaping Education Campaign in 2024 was good, but it must continue in our schools, and it needs to be amplified. Where is the national campaign on our screens telling people not to vape—that vaping is as dangerous and as harmful to your health as tobacco? In the past we've had strong anti-smoking campaigns to help educate Australians on those health risks and warnings. Where are the similar vaping campaigns? They are just missing, and this is a spot where the federal government must step into that responsibility.

In fact, I had a meeting that was so sobering with a young Warringah based scientist, Andie Thorpe—an amazing young woman. She's been identified through STEM projects, and she's doing the most incredible research, but it was just horribly sobering. She is studying third-hand vaping. I would question how many people realise that vaping leaves a residue where you have vapes. If it's internally, in a car, house or any room, it leaves a residue on every surface. For example, you've vaped in your car thinking you're doing it before picking up the kids from school, it's safe and you're not giving them any kind of second-hand smoke. Then you pick them up—maybe you pick them up from child care. You put the baby in the car seat. In that car seat, they will maybe touch the surfaces in the car around them and put their fingers in their mouth. That is third-hand impact. What they are seeing is that residue is incredibly toxic. Not only is there a danger to those around you of firsthand and second-hand vaping; there's third-hand, where it has left a residue in the place where it has been consumed. What it's showing is that the chemicals linger on surfaces, impacting lung function, immunity and even, in situations of pregnancy, the embryo.

This is incredibly toxic, and it's incredibly important that we quickly counter that with information. The government urgently needs to do a national campaign to warn against the dangers of vaping and the chemicals included. Andie's research shows that vaping harms extend well beyond the individual user, and this is so widespread. It affects our homes, our schools and the wider community. It really is a health menace. The government's actions with this bill are welcome, but so much more needs to be done to ensure that vaping does not entrench itself like tobacco has done in the past. Otherwise, we'll continue to see the health costs and harms escalating, and communities will lose faith that the government has an intention to protect health and the health of our communities.

On the whole, the amendments are a welcome step in the right direction, but the stakes are high. I can't stress it enough. Laws alone are not enough. We must match legislative reform with enforcement, education and a nationally coordinated campaign if we want to protect young Australians from addiction with vaping. I commend this bill but urge the government to show much greater ambition when it comes to tackling the scourge of vaping, because nothing is more important than the health of our children and our communities.

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