Qld vape laws changed as confiscated devices pile up

Queensland is facing a vape storage crisis as tens of thousands of confiscated devices pile up, prompting urgent law changes.

Health Minister Tim Nicholls on Friday. Picture: Steve Pohlner

Queensland is facing a vape storage crisis as tens of thousands of confiscated devices pile up, prompting urgent law changes to allow immediate destruction of the hazardous products.

Under current laws, the state is responsible for storing thousands of vapes in fireproof containers for a minimum of eight weeks to allow business owners to appeal forfeitures.

The containers cost up to $65,000, housing vapes in bulk to protect the lithium-ion batteries from overheating, leaking, or exploding under certain conditions.

Health Minister Tim Nicholls last week introduced new laws that would give health officers authority to destroy vapes immediately, saying the current storage strategy had become unsustainable.

“Because of our recent successful enforcement, storage capacity across the system is now approaching its upper limit. It is full,” he said.

“Without these (Bill) amendments, storage capacity constraints will impede enforcement efforts because we will not have a safe and secure place to store the vapes.

“We are becoming victims of success, if you like.”

Mr Nicholls office was unable to confirm how much the state was spending on vape storage, or how many containers were in use across the state.

“Storage requirements and the number of containers may vary over time,” a spokesman said.

Under current laws, business owners found to be selling illegal vapes who have contraband seized are given a 28-day appeal window.

The state is legally required to store the vape during the appeal process in case the contraband is needed as court evidence.

Legislation amendments propose the state would pay compensation to those who are not found guilty of offences and have had their contraband destroyed.

The proposed changes would also allow courts to pass on any legal fees incurred by the state to convicted business owners, including storage, destruction and disposal costs.

It cost the state $15 per kilogram to destroy seized vapes.

Mr Nicholls in January revealed the government was considering increasing on the spot fines to further deter illegal vape sales.

Currently, Queensland Health officers can only dish out $3226 on-the-spot fines to individual businesses and temporarily shut down shops for up to 72 hours.

Business owners are offered a 28-day window to appeal any contraband seizures.

More than 130,000 vapes have been seized since July, including nearly 75,000 over the past two months.

VAPE SEIZURES

July 1339

August 271

September 9277

October 12,703

November 24,392

December 13,693

January 26,175

February 48,801

Year to date 136,651