Western Australia is moving to again crack down on vaping, flying in the face of recent federal legislation.
The regulation rewrite has lawyers watching closely even as health experts call for the devices to be banned in public.
Despite the majority of vapes being illegal in WA, they’re still easy to get, leading the state to bypass federal laws in order to stamp out vaping without a script.
The federal government’s new laws would have allowed pharmacies to sell vapes without a prescription starting next month, but the state has intervened to maintain current restrictions.
“None of these laws will target consumers… they’re targeting the businesses who continue to sell vapes,” Health Minister Amber-Jade Sanderson said.
The conflict between state and federal laws has raised the possibility of a legal challenge.
“The potential for a legal snag is limited but I’m sure you will have lawyers looking if a challenge is possible because that’s what we do,” lawyer John Hammond said.
Health experts have welcomed the state’s decision to rewrite its regulations, and are now calling for further action including a full ban on vaping in public.
“In order for this to actually work we need stronger tobacco legislation,” Laura Hunter, CEO of the Australian Council on Smoking and Health, said.