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Tobacco Policy Section
News Bulletin 2
JUNE 2008
RE-INVIGORATING THE NATIONAL TOBACCO STRATEGY –
$15m 2007 ELECTION COMMITMENT
Overview
• A Media Statement – „Federal Labor to Boost Funding for National Tobacco Strategy’ was
released on 17 November 2007. This initiative aims to contribute to preventing chronic diseases
such as cardiovascular disease and cancer by increasing awareness of the adverse health effects
of tobacco smoking, particularly in young people.
• The election commitment funding of $15m over four years will be targeted at:
Reducing smoking rates, particularly among young people;
Quit and Smokefree strategies „to personalise the health risks of smoking, and to increase
people‟s sense of urgency about quitting (National Tobacco Strategy); and
Research, evaluation and monitoring of best practice in smoking prevention programs.
• The measure aims to assist and support smokers to quit and/or deter young people from taking up
smoking in a variety of ways. This will include the refinement of a marketing strategy for new
campaign activity focusing on youth and research into, and provision of, additional funding for
the development of best practice smoking cessation tools to aid cessation services. Additionally,
the National Tobacco Strategy will be reinvigorated to provide a coordinated approach to
Commonwealth, State and Territory activities to reduce smoking rates.
Status
• The Department of Health and Ageing is currently in the process of finalising the implementation
strategy for this initiative.
• A tender process will be announced in July 2008 to evaluate the current National Tobacco
Strategy and to develop a new Strategy. A review of best practice in smoking cessation will
occur during August 2008.
STATISTICS
• The „2007 National Drug Strategy Household Survey’ was released in April 2008. It showed that
the daily smoking prevalence rate for Australians 14 years or older dropped from 17.4% in 2004
to 16.6% in 2007.
• The updated report „The costs of tobacco, alcohol and illicit drug abuse to Australian society in
2004/05‟ by Collins and Lapsley was also released in April 2008. It showed that the estimated
social costs of tobacco use in Australia had increased from $21 billion in 1998 to $31.5 billion in
2004/05.
• „The Burden of Disease and Injury in Australia 2003‟ was released in 2007. It showed that the
estimated deaths attributable to tobacco had decreased from 19,019 Australians per year in 1998
to 15,511 in 2003.
• „The Burden of Disease and Injury in Aboriginal and Torres Strait Islander Peoples: 2003’ was
released in 2007. The report showed that tobacco smoking was responsible for 12.1% of the total
burden and 20% of deaths in Indigenous Australians in 2003. Tobacco was the largest
contributing risk factor overall for males, and second largest for females.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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INDIGENOUS TOBACCO CONTROL INITIATIVE
Overview
• On 20 March 2008, the Prime Minister announced an investment of $14.5 million through the
Indigenous Tobacco Control Initiative to tackle high rates of smoking in Indigenous
communities. This initiative includes:
supporting research into Indigenous tobacco control to build the evidence base around what
works in helping Indigenous people to quit smoking;
trialling a range of innovative community interventions, including targeted, culturally
appropriate communication activities; and
offering smoking cessation training to staff working in Indigenous health.
• This measure will target all Indigenous tobacco users but will have a particular emphasis on
reducing the number of young people taking up smoking.
• Smoking is the number one cause of chronic conditions and diseases in Indigenous Australians.
In 2003, smoking was responsible for one-fifth of the deaths of Indigenous Australians.
Status
• This first phase of this Initiative will involve formative research to determine what works and
what doesn‟t in the area of interventions and workforce training.
• The Cooperative Research Centre for Aboriginal Health (CRCAH) has agreed to undertake the
first stage of the research component.
• This component is expected to be complete by December 2008 and will involve identifying gaps
in knowledge about Indigenous smoking behaviours and service delivery, reviewing Indigenous
tobacco control activities and recommending strategies for reducing smoking rates.
• The initiative will be managed by the Drug Strategy Branch.
NATIONAL TOBACCO YOUTH CAMPAIGN - UPDATE
Overview:
• As part of the 2005-06 Budget package, the Australian Government invested around $15 million
of $25 million on a National Tobacco Youth Campaign (NTYC) to address youth smoking rates.
The initiative was implemented in two stages. The first stage, the Health Warnings Campaign,
was launched on 14 February 2006 to raise awareness that a new system of graphic health
warnings on tobacco product packaging was being introduced. The second stage, the NTYC,
which was launched on 26 December 2006, aimed to specifically impact on smoking rates among
youth.
Status
• Ministerial approval is currently being sought to make the results of the post-campaign
evaluation available on the internet.
• Reducing indigenous smoking rates is a priority for the Australian Government and consequently
a decision was taken to utilise remaining funds from the Youth Campaign for the Indigenous
Tobacco Control Initiative (above).
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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FRAMEWORK CONVENTION ON TOBACCO CONTROL (FCTC) - UPDATE
Overview:
• The FCTC is the first global public health treaty and aims to advance international cooperation to
protect present and future generations from the preventable health, social, environmental and
economic consequences of tobacco consumption and exposure to tobacco smoke. As a Party to
the FCTC, Australia attends the Conference of the Parties (COP), which is a formal meeting of
the Parties.
• The 2nd session of the COP was held in Bangkok from 30 June – 6 July 2007. The Australian
Delegation was led by Ms Virginia Hart, Assistant Secretary, Drug Strategy Branch. Ms Penny
Marshall, Director, Tobacco and Drug Prevention Section was also part of the Delegation
• Australia is a key facilitator for one article and partner for three articles:
Article 11: Packaging and labelling: Development of Guidelines
- Australia is a lead key facilitator for this process and has been responsible for drafting the
first version of the guidelines for consideration by Working Group members. Other key
facilitators include Brazil, Canada and Peru.
Article 15: Protocol on Illicit Trade in Tobacco Products (Partner): Development of Protocol
- An outcome of COP2 was the development of a Protocol on Illicit Trade in Tobacco
Products (Article 15). The COP 2 recognised the template for a protocol on illicit trade (as
proposed by the expert group convened in accordance with a decision made at COP 1)
established a basis for initiating negotiations by an intergovernmental negotiating body
(INB).
Article 9: Product Regulation” and Article 10 “Regulation of tobacco product disclosure:
- Australia is a partner to the Working Group established to draft guidelines on Article 9
“Product Regulation” and Article 10 “Regulation of tobacco product disclosure”.
Article 13: Cross border advertising: Development of Guidelines
- Australia‟s role as a partner involves participating in meetings of the Working Group
established for this purpose, and providing advice on the guidelines content.
Status:
• The third meeting of the COP is scheduled for November 2008
Article 11: Packaging and labelling: Development of Guidelines
• The Working Group has now had the opportunity to consider the first draft of the guidelines for
Article 11. The Drafting Group considered all comments received and, at its meeting on 4-5
March 2008 in Brazilia, developed the second draft of the guidelines. These guidelines are in the
process of being translated prior to posting on the secure website for consideration by Parties to
the FCTC.
Article 15: Protocol on Illicit Trade in Tobacco Products (Partner): Development of Protocol
• An Australian Delegation consisting of representatives from Department of Health and Ageing,
Australian Taxation Office, Attorney-Generals Department and Australian Customs Service
participated in the first INB negotiations on this issue in Geneva on 11-16 February 2008. It is
anticipated that a second INB meeting on this issue will be held in Geneva in October 2008.
• The development of a protocol on illicit trade in tobacco products crosses several Australian
Government portfolios and subsequently requires a whole-of-government approach. The
Department of Health and Ageing has convened an Interdepartmental Committee which includes
representatives from the Attorney-General‟s Department, Treasury, Department of Foreign
Affairs and Trade, Australian Customs Service, and the Department of Innovation, Industry,
Science and Research. The IDC provided briefings for the Australian Delegation participating in
the INB negotiations.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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Article 9: Product Regulation and Article 10: Regulation of tobacco product disclosure
• The second Working Group for the development of these guidelines met in Brazil on 6-8 March
2008.
Article 13: Cross border advertising: Development of Guidelines
• The latest draft guideline was released on the 16th May 2008. The Department will be liaising
with Government Departments and State and Territory Departments shortly to discuss the content
and issues raised in the draft guidelines.
REDUCING SMOKING AMONG INDIGENOUS COMMUNITIES - UPDATE
Overview:
• A report released by the Australian Bureau of Statistics reports that in 2004-05, around 50% of
Indigenous Australians aged 18 years and over reported that they were current smokers, a figure
that has not changed since 1995. Indigenous adults were around twice as likely as non-
Indigenous adults to be current daily smokers.
• The proportion of Aboriginal and Torres Strait Islander females who smoke is similar to that for
males.
• The following Indigenous projects have been, or are being, funded:
1. In response to the report Tobacco: Time for Action, the Department of Health and Ageing
funded the establishment in 2003 of the Centre for Excellence in Indigenous Tobacco Control
(CEITC) at a cost of $1.21 million (GST inclusive) over three years, and continuation of
funding at a cost of $1.7 million (GST inclusive) from 2007-2010. CEITC aims to enhance
the capacity of Indigenous health workers to reduce tobacco use. This includes resource
development, and forums for information sharing between Indigenous health workers.
2. Under the 2005-06 Smoking and Pregnancy Budget measure a trial to reduce smoking among
pregnant Indigenous women in Perth (at a cost of approximately $205,000) and a tobacco
control program in the Katherine West region of the Northern Territory (at a cost of
$256,600) are currently being funded (refer to Smoking and Pregnancy in this newsletter for
further details).
3. The Department of Health and Ageing provided funding to the Menzies School of Health
Research (MSHR) of $122,000 for smoking cessation programs for communities in the
Groote Eylandt area. Recently, the National Health and Medical Research Council
(NHMRC) awarded the MSHR a grant of $1.1 million over five years to conduct a multiple
baseline study of four additional communities in the Top End using the Groote Eylandt
project as a model. This project has been transferred to James Cook University with the key
researcher, and is expected to be completed in 2011.
Status
• A national workshop for key stakeholders was held on 23 May 2008 under a funding
arrangement with CEITC to consider and set priorities for the next three years. The workshop
was held in partnership with the Cooperative Research Centre for Aboriginal Health. A report
from this workshop will be available shortly.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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SMOKING AND PREGNANCY - UPDATE
Overview:
• In the 2005-06 Budget, the Department of Health and Ageing (the Department) was allocated
$4.3 million to lead a national program aimed at helping women – particularly Indigenous
women – to stop smoking during and after pregnancy. The program‟s role is to encourage
doctors, midwives and Indigenous health workers to give advice to pregnant women about the
damage caused by smoking. The initiative will end on 30 June 2009.
• A National Advisory Group on Smoking and Pregnancy (the Advisory Group) was formed to
advise and assist the Department on effective initiatives to reduce smoking by pregnant women.
• The Advisory Group recommended a number of projects that have been funded under this
initiative including:
1. the report titled ‘Smoking and Pregnancy’ by the Australian Institute of Health and
Welfare (AIHW) National Perinatal Statistics Unit. The report presents data on pregnancy
and births according to the mother‟s smoking status during pregnancy for the period 2001 to
2003, using the National Perinatal Data Collection;
2. the development of a Pregnancy Lifescripts Kit focusing on smoking, alcohol consumption
and nutrition. The Smoking and Pregnancy Lifescript was launched in December 2006,
followed by the Alcohol and Nutrition Lifescripts in July 2007. The Pregnancy Lifescripts
Kit is available at: www.agpn.com.au under Current programs, resource library;
3. the development by the AIHW of national standard data elements on smoking during
pregnancy to provide high quality, nationally consistent data to assist stakeholders in
measuring the impact of smoking during pregnancy on perinatal outcomes;
4. the National Smoke-Free Pregnancy Project is designed to establish an effective,
sustainable and realistic tobacco brief intervention in public birthing services throughout
Australia for pregnant women who smoke by training midwives in the brief intervention. An
interview panel established by The Cancer Council South Australia has been appointing
project officers in each State and Territory to train the midwives;
5. the Katherine West SmokeCheck Project aims to reduce the prevalence of smoking among
Aboriginal women during and after pregnancy in the remote Indigenous communities of the
Katherine West region; and
6. the Sax Institute Project to Reduce Smoking among Pregnant Indigenous Women is
being funded to extend the current Queensland based project to several sites in Perth. The
aim of the project is to conduct a randomised controlled trial of a high intensity intervention
to reduce smoking among pregnant Indigenous women.
• As the Smoking and Pregnancy funding has now been allocated, the Advisory Group is no longer
active.
Status
• The first two projects listed above have been finalised. The remainder are currently underway.
• The Smoking and Pregnancy Report which uses data from 2003 has been disseminated – there is
one box remaining, please email Glenda at Glenda.anderson@health.gov.au if you would like a
copy.
• The Pregnancy Lifescripts Kit will require updating following changes to the alcohol guidelines
for pregnancy. This is not expected to occur before the end of the year. A decision will then be
taken on whether to reprint the resources and/or have them available on the website
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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SMOKING AND MENTAL HEALTH - UPDATE
Overview:
• The Department funded three contracts (two with the University of NSW and one with the
University of Newcastle) to undertake projects related to smoking and mental health issues.
• The three funded projects in various stages of implementation are:
1. Multi-component risk factor intervention for people with severe mental illness: a feasibility
study;
2. Three year follow up of a randomised controlled trial of an intervention for tobacco
dependence among those with psychotic illness; and
3. PhD Scholarship Program.
Status
• The first two projects have been finalised, the third project is still underway.
• It is envisaged that key findings from the completed projects will be used to inform the direction
of future research and smoking cessation services for this key target group. The Department
anticipates that the project findings will be made available on the Department‟s website.
GRAPHIC HEALTH WARNINGS ON TOBACCO PRODUCTS - UPDATE
Overview:
• Under the rotation system for graphic health warnings on cigarettes, as from 1 March 2008, all
Australian-manufactured or imported cigarette packaging must again be printed with Set A of the
graphic health warnings.
• Individual posters of the 14 graphic health warnings have now been developed along with multi-
pack posters of set A and set B warnings. These posters can be accessed, or ordered, via the
graphic health warnings page of the Quitnow website at www.quitnow.info.au.
• Supporting fact sheets can be downloaded from the website as required and are also available in
Arabic, Chinese, Greek, Italian and Vietnamese.
• The first stage of a review of the Graphic Health Warnings commenced late 2007.
Status
• The evaluation of graphic health warnings on tobacco product packaging is the first step in the
review. The evaluation will provide valuable information on the effectiveness of the graphic
health warnings on tobacco products, their impact on smoking behaviour, attitudes, knowledge
and intentions.
• On 16 November 2007, the Department commissioned Elliot and Shanahan (E&S) Research to
conduct this evaluation. The project is due for completion in mid 2008.
• It includes both qualitative and quantitative surveys including: semi-structured interviews with
key stakeholders; focus groups with consumers; a nation-wide telephone survey of 1200
individuals; and an analysis of Departmental quantitative data relating to health warnings.
• The stakeholder interviews were conducted by E&S Research during January/February 2008.
While the details of these interviews are not yet available, it is understood that the stakeholders
provided positive feedback regarding the warnings.
• The telephone survey has been completed and the consultants are now in the process of drafting
the evaluation report.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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TOBACCO ADVERTISING PROHIBITION ACT 1992 (THE ACT) - UPDATE
Overview:
The Department administers the Tobacco Advertising Prohibition Act 1992 (the Act) and
investigates all possible breaches that come to its attention. The Department‟s Legal Services
Branch provides legal advice on potential breaches. Letters are sent to those who are potentially
in Breach of the Act, with an accompanying copy of the Tobacco Advertising Prohibition Act
Handbook (the Handbook), seeking an explanation of the potential breach and assurances that the
advertisement will be removed.
Since the introduction of the Act, a number of potential breaches have been referred to the
Director of Public prosecutions for investigation. A Melbourne retailer was successfully
prosecuted in 2003 for „knowingly and recklessly‟ displaying and selling tobacco branded
Formula One merchandise.
Under S34A, the Minister is required to table the number and nature of any contraventions of the
Act, and the action taken in response to each contravention. A „contravention‟ of an Act is a
proven offence against the terms of the Act and can only be established after a prosecution.
Status:
The easy guide Handbook to the Tobacco Advertising Prohibition Act 1992 was updated in 2007
with copies available from the Departmental website as soon as the website updates are finalised.
Currently there are no potential breaches requiring investigation.
The S34A document was tabled in Parliament on 13 May 2008.
TOBACCO ADVERTISING PROHIBITION ACT 1992 (THE ACT)
INTERNET ADVERTISING - UPDATE
Overview:
Regulation of Internet tobacco sales is supported by the States and Territories with the aim being
to reduce large, gaudy tobacco advertisements from being displayed over the internet by
clarifying arrangements for internet advertising. The matter was raised at the May 2007
Ministerial Council on Drug Strategy (MCDS) where it was agreed that all Governments work
collaboratively towards restricting the retail sales and advertising of tobacco products over the
internet and banning sales to people under 18 years. Recent legal advice the Department has
received indicates it is open to the Commonwealth to take the lead. The MCDS also agreed that
the Department pursue amendments to the Tobacco Advertising Prohibition Act 1992.
Status
The Department has engaged a consultant to undertake an economic analysis and develop the
RIS and is aiming to have this completed in July 2008.
The Department is currently examining proposed amendments to address aspects of internet
advertising.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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LATE / LONG-TERM RELAPSE
Overview
• The literature has variously defined late relapse or long-term relapse as periods of abstinence
greater than 6-12 months, greater than 1 year or even abstinence greater than two years.
Although nicotine addiction may be a contributing factor in early relapse, nicotine addiction is
not present in late relapse.
• The Market Research Unit of the Department will draft a report which addresses long-term
relapse issues including:
- Key identified differences between early and late relapse
- Prevalence rates of long-term relapse
- Risk factors for long-term relapse
- Protective factors
- Specific long-term relapse prevention initiatives and interventions
Status
• The Market Research Unit is currently undertaking a literature review and analysis of relevant
2007 National Tobacco Survey data.
2007/2008 INGREDIENT DISCLOSURE - UPDATE
Overview:
• The three tobacco manufacturers, Philip Morris Limited (PML), British American Tobacco
Australia Limited (BATA) and Imperial Tobacco Australia Limited (ITA) have provided
ingredient data to the Department under a Voluntary Agreement for the Disclosure of the
Ingredients of Cigarettes since 1999. The manufacturers provide annual reports to the Australian
Government Department of Health and Ageing. The data are posted unmodified on the
Department‟s website.
Under the Voluntary Agreement, the three manufacturers provide the following data:
- composite lists of tobacco ingredients (including flavourings), in alphabetical order. Quantities listed as not
exceeding (% of product weight). Each ingredient‟s function (filler, flavour, humectant, preservative, binder
etc) is also listed.
- composite lists of non-tobacco ingredients, in alphabetical order, each product‟s ingredients being listed
separately. Quantities listed as not exceeding (% of product weight). Processing aids and preservatives
combined under each heading.
- by-brand variant lists of ingredients, including product weight and tobacco weight. Ingredients are listed in
descending order by weight.
Status
• The Department has received 2007/2008 data from the manufacturers. The data are expected to
be posted on the website by mid-June 2008.
• Funding approval is being sought to evaluate the public health benefit (or otherwise) of the
ingredient data.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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FEASIBILITY STUDY ON INGREDIENT DISCLOSURE - UPDATE
Overview:
• At the May 2007 meeting of the Ministerial Council on Drug Strategy, it was agreed that a
feasibility study on ingredient disclosure would be undertaken. The feasibility study would
investigate the legal issues, appropriate powers, costs, suitable locations, timelines, potential risks
and other ramifications of formally requesting information from tobacco companies in regard to
ingredients and their quantities, reasons for inclusion of the ingredients, function and category of
ingredients and available toxicological data. The study would also be expected to clearly identify
the information needs of consumers, scientists and policy makers.
• The Australian Government will manage and resource the project in consultation with a working
party.
Status
• Comments on the Request for Tender were invited and received from the Intergovernmental
Committee on Drugs Tobacco Control Framework Project working party in January 2008.
• It is expected that a Request for Tender will be advertised in the near future.
DEVELOPING THE EVIDENCE BASE
THE HARMS OF ORAL TOBACCO PRODUCTS RELATIVE TO COMBUSTIBLE
PRODUCTS - UPDATE
Overview:
The Section has an ongoing role in monitoring emerging evidence and expert views on the
relative harms of oral tobacco products
Under the Trade Practices Act 1974 a ban on the retail supply of oral tobacco products
(snuff/snus and chewing tobacco) has been in place since 1989, with individuals permitted to
import small quantities for personal use under the Customs (Prohibited Import) Regulations.
Other oral products, where tobacco is not the primary constituent, are not captured under
Australian Government regulation. These products are generally imported from Africa, Asia and
the Indian subcontinent (such as betel nut, pan masala gutkha, naswar).
For tax policy reasons amendments to the Customs Tariff Schedule 3 in mid-2006 abolished the
low tariff of $2.36 per kilogram on moist snuff and snus. The duty payable on these products
was instead aligned with loose tobacco which is high than $300 per kilogram.
The Department of Health and Ageing supports the restricted importation of smokeless tobacco
products for personal use, ensuring that current users are not denied access, while deterring non-
tobacco users (particularly youth) from commencing.
Status
The Department continues to receive ministerial correspondence from consumers of oral tobacco
products. Since tax policy and implementation are matters for The Treasury, Treasury responds
to all communication on this issue.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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FLAVOURED CIGARETTES - UPDATE
Overview:
Fruit and Confectionery Flavoured (F&CF) cigarettes have an inherent appeal for young people
and the Australian Government supports action that will regulate or prohibit the retail or
advertising of these products.
States and Territories
- The sale of F&CF cigarettes is prohibited under legislation introduced in South Australia in
October 2006, New South Wales in January 2008 and Tasmania in December 2007. In the
Australian Capital Territory, the sale is banned through a licence condition and since March
2008, legislation has been introduced to ban both the sale and the display of F&CF cigarettes.
- However, due to mutual recognition arrangements under the Mutual Recognition Agreement
(MRA) and Trans Tasman Mutual Recognition Arrangement (TTMRA) jurisdictions may
have difficulty enforcing these legislation/regulation/licensing arrangements.
MRA and TTMRA
- Under the MRA/TTMRA, goods lawfully produced in or imported into one jurisdiction, may
be sold in any other jurisdiction that is party to the mutual recognition arrangements.
- There are mechanisms available to exempt goods from the MRA and TTMRA on a
temporary and permanent basis but these mechanisms have limitations. For both the MRA
and TTMRA, temporary exemptions are for a period of 12 months only, after which time
mutual recognition arrangements apply.
- The process of seeking and enacting a permanent exemption under the TTMRA is a lengthy
and expensive process. If a permanent exemption is to be sought the jurisdiction/s requesting
the exemption would need to provide a rigorous risk analysis and demonstrate that less trade
restrictive options had been considered. Permanent exemptions are considered a last resort as
they can undermine the potential benefits of mutual recognition schemes.
- F&CF cigarettes will fall outside the operation of the MRA if all Australian jurisdictions
agree to prohibit their retail.
- F&CF cigarettes will fall outside the operation of the TTMRA if (in addition to all Australian
jurisdictions agreeing to prohibit their retail) one or both of the following measures also
occurs:
(a) New Zealand (NZ) also prohibits the retail of F&CF cigarettes; or
(b) Australia prohibits the import of F&CF cigarettes under the Customs (Prohibited Imports)
Regulations (CPIR).
- If the option of scheduling under the CPIR is not feasible, and NZ does not ban these
products, there is a possibility that the products could then be imported from NZ and would
then be legally saleable under the TTMRA.
- At present, F&CF cigarettes are not retailed in NZ.
Status
On 18 April 2008, the Australian Health Ministers Council agreed to implement a ban in their
respective jurisdictions and to investigate banning the importation of F&CF cigarettes for
personal use.
On 23 May 2008, The Ministerial Council on Drug Strategy:
- noted the Australian Health Ministers‟ Council decision to agree to a ban on sales of F&CF
cigarettes across all Australian jurisdictions and that the Commonwealth will take steps to
investigate a ban on the importation of F&CF cigarettes;
- agreed that State and Territory Governments will enact regulation and/or legislation to
prohibit the sale of F&CF cigarettes within their jurisdictions by December 2009; and
- agreed that jurisdictions report at the next meeting of the MCDS on progress in enacting
regulation and/or legislation in each jurisdiction.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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E-CIGARETTE NICOTINE CARTRIDGES
Overview
• The e-cigarette is a device for inhaling nicotine. It consists of an electronic tubing device
resembling a conventional cigarette, that heats a replaceable cartridge filled with liquid nicotine
and other chemicals (i.e. does not contain tobacco leaf). The heating process creates a mist that
resembles cigarette smoke and is inhaled by the user.
• The e-cigarette is marketed by some companies as a healthier alternative to conventional
cigarettes as there is no burning of tobacco. “It feels like a cigarette/cigar, looks like a
cigarette/cigar but has NO tar, NO carbon Monoxide and NO tobacco. This product is a clean,
healthy alternative to smoking. … Egar Cigarette can be used legally indoors, in restaurants –
ANYWHERE you wish, where traditional smoking is prohibited! It is truly a healthy alternative
and at a lower price than traditional cigarettes or cigars … Beat the Smoking Ban!”
[www.egar.com.au 5 June 2008]
Status
• The Department has obtained initial advice on the legal status of these products for retail in
Australia and is currently seeking more comprehensive advice.
• If the e-cigarette is regarded as an aid in withdrawal from smoking it is considered a therapeutic
good and would be required to be registered on the Australian Register of Therapeutic Goods
before it could be imported and retailed in Australia.
• If a specific company markets the e-cigarette exclusively as a recreational device, the product
may not meet the intent, and therefore definition, of therapeutic use. In this case, the product will
probably not satisfy any exceptions under the Standard for the Uniform Scheduling of Drugs and
Poisons (SUSDP) and would be categorised as a Schedule 7 Dangerous Poison. It is therefore
unlikely that the product can be retailed under State and Territory legislation, although individual
jurisdictions would need to advise on this.
NICOGEL
Overview
• Nicogel is a hand gel containing 40%v/v liquefied tobacco. Internationally, it is marketed as a
cigarette replacement product that can be used at times when smoking is not possible.
Status
• Advice from the Therapeutic Goods Administration is that Nicogel could be regarded as an aid in
the withdrawal from smoking and could therefore be classified as a therapeutic good. As a
therapeutic good, Nicogel would be required to be registered on the Australian Register of
Therapeutic Goods before it could be imported and sold commercially in Australia.
• Nicogel may be imported for personal use, with quantities not exceeding 3 months supply. The
Department is not aware of any company seeking to retail Nicogel in Australia.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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REDUCED IGNITION PROPENSITY CIGARETTES (RIPS) - UPDATE
Overview:
A RIP cigarette either has a lower propensity to ignite surrounding materials or will self
extinguish when left unpuffed for an extended period. In theory, RIP cigarettes therefore have a
reduced potential to start fires, such as domestic house fires and bush fires.
The Department supports the introduction of an ignition propensity compliance standard, but
with stringent conditions that RIPS do not result in increased adverse health outcomes, and that
the Australian Government does not assume legal responsibility for the potential harm to
consumers caused by a government-mandated compliance standard.
The Australian Competition and Consumer Commission have carriage of the Regulation Impact
Statement (RIS) process.
Status
In January 2008, the ACCC released a draft Regulation Impact Statement for public consultation.
Submissions were received from a number of parties (including health professionals and fire
authorities), and the ACCC is presently working with the Office of Best Practice Regulation to
finalise the terms of the decision-making RIS, having regard to the input from the various
stakeholders.
It is expected that advice will be provided to the Minister for Competition and Consumer Affairs
in the near future, at which time the ACCC will also publicly release the final RIS.
In the event that the Minister decides to prescribe a mandatory safety standard, it is not
anticipated that there would be any substantial delay in drafting the necessary Regulations.
AUSTRALIAN PUBLIC SERVICE COMMISSION CASE STUDY
Overview
• In 2007 the Department agreed to participate in an Australian Public Service Commission case
study on the National Tobacco Strategy as part of a project looking at complex policy problems
and behavioural change.
• The APSC interviewed a range of health community organisations and individuals, State and
Territory Government and Department of Health and Ageing Government officers associated
with tobacco control.
• Thank you to participants for their contribution to the process. The Case Study has been a
catalyst for increased communication and liaison between the Australian Government and State
and Territory Governments and Australia‟s tobacco control health community.
Status
• The case study has informed two publications the Commission has recently released as part of a
series to stimulate debate about contemporary government challenges. Tackling Wicked
Problems – A Public Policy Perspective discusses issues that arise when managers in the
Australian Public Service are faced with tackling complex policy challenges.
www.apsc.gov.au/publications07/wickedproblems.pdf
• The other publication, Changing Behaviour – A Public Policy Perspective provides insights into
how the Australian Public Service can encourage sustained behavioural change.
www.apsc.gov.au/publications07/changingbehaviour.pdf
• In addition to informing these publications, the findings of the case study will be used to
illustrate issues in the State of the Service report.
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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• The publications have been utilised within the Commission‟s learning and development
programmes for senior executives. Virginia Hart (Assistant Secretary, Drug Strategy Branch)
was a speaker at an APSC seminar „Confronting Contemporary Challenges in the Australian
Public Service‟. Virginia presented theory and evidence associated with achieving behavioural
change in the public policy context.
• Reference: "Australian Public Service Commission's National Tobacco Strategy 2004-2009:
case study report" 2007
Not for wider dissemination without prior permission from Penny Marshall, Director,
Tobacco and Drug Prevention Section, penny.marshall@health.gov.au
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