DogMan
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Post by DogMan on Oct 26, 2018 18:20:57 GMT 10
thanks Allybut i think i am more confused now than before, after the woolworths analogy 
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Brave
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Post by Brave on Oct 27, 2018 2:55:03 GMT 10
thanks Allybut i think i am more confused now than before, after the woolworths analogy  Someone correct me if I'm wrong here, but the way I understood that analogy is this: Any company with a South Australian presence is more likely to be prosecuted for selling vape gear online. Whether this means that companies without any SA presence are more protected would be debatable IMHO, but I think the argument is that it would be easier to prosecute via state law for companies operating within the state itself.
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Rod
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Post by Rod on Oct 27, 2018 10:47:45 GMT 10
Agree with Brave but I have no idea how SA will prosecute interstate stores. If they can there's no point in Vapoureyes moving interstate a.
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Brave
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Post by Brave on Oct 27, 2018 11:15:54 GMT 10
I totally agree Rod. It does seem like it will be very difficult for a state Government to enforce.
Perhaps they're counting on the idea that the threat of potential prosecution, coupled with excessive punishment(s), will scare off most smaller businesses from taking that risk?
They'd only need to make one or two successful and/or high profile prosecutions to establish a tangible threat in this regard.
I have no idea of the practicalities or logistics involved in achieving this though.
ETA: I think the point of Vaporeyes moving interstate would be to continue serving customers in other states without interference from the SA Government?
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DogMan
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Post by DogMan on Oct 27, 2018 18:45:20 GMT 10
I don't see it as hard. HD rep visits vaping vendor website in Sydney. Orders latest smok mod to sa. Gets paperwork to prove transaction to sa
Where does the difficulty arise?
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foobar
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Post by foobar on Oct 27, 2018 20:52:23 GMT 10
Remember when a lot of posh money found its way to QLD (when they went after it by abolishing death taxes) - I wonder who will be the first state to figure out they might as well 'legalise it' and cash in ?
I can't see the logic - I think anyone who has quit the durries is not going to go back, the attendant taxes are gone for good whether you 'allow' vaping or not so you may as well help your local vaping businesses to prosper. SA do like to go out on a limb though...
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Rod
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Post by Rod on Oct 28, 2018 12:58:44 GMT 10
I didn't realise that Brave I was thinking the online ban was only for SA orders I didn't think they were banning SA stores from selling to other States. Makes sense now.
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Brave
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Post by Brave on Oct 28, 2018 15:22:15 GMT 10
I didn't realise that Brave I was thinking the online ban was only for SA orders I didn't think they were banning SA stores from selling to other States. Makes sense now. Unless I've misunderstood Rod, and solely from what I've read in this thread, I think the proposed ban is for the online sale of vape-related gear, both into and out of SA. So: * SA Vendors can sell from brick and mortar stores located in SA; but * SA Vendors are not be permitted to sell online at all; not to SA customers, or customers elsewhere. * Vendors from other states will not be permitted to sell to SA customers either. If a vendor like Vaporeyes moved interstate, they could continue selling to customers from other states online; though they can't have any kind of presence in SA to do so without risk of prosecution (eg. A warehouse, or a brick and mortar store). From the info we've been given in this thread, I'm pretty sure I've got that right?
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Ally
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Post by Ally on Oct 28, 2018 15:58:09 GMT 10
I didn't realise that Brave I was thinking the online ban was only for SA orders I didn't think they were banning SA stores from selling to other States. Makes sense now. Unless I've misunderstood Rod, and solely from what I've read in this thread, I think the proposed ban is for the online sale of vape-related gear, both into and out of SA. So: * SA Vendors can sell from brick and mortar stores located in SA; but * SA Vendors are not be permitted to sell online at all; not to SA customers, or customers elsewhere. * Vendors from other states will not be permitted to sell to SA customers either. If a vendor like Vaporeyes moved interstate, they could continue selling to customers from other states online; though they can't have any kind of presence in SA to do so without risk of prosecution (eg. A warehouse, or a brick and mortar store). From the info we've been given in this thread, I'm pretty sure I've got that right? Thats pretty much how I read it too Brave but I think they can keep their B & M store - whilst having an interstate warehouse to service customers outside of SA ? I guess its all the fine print that they are going to have to work out. I imagine they are doing a lot of research into possible changes to laws in any state they would be thinking of moving to - they could end up losing a lot of money if other states followed in SA's footprints.
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Brave
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Post by Brave on Oct 28, 2018 16:19:29 GMT 10
Unless I've misunderstood Rod, and solely from what I've read in this thread, I think the proposed ban is for the online sale of vape-related gear, both into and out of SA. Thats pretty much how I read it too Brave but I think they can keep their B & M store - whilst having an interstate warehouse to service customers outside of SA ? I guess its all the fine print that they are going to have to work out. I imagine they are doing a lot of research into possible changes to laws in any state they would be thinking of moving to - they could end up losing a lot of money if other states followed in SA's footprints. It's a sorry state of affairs whatever the case, and so incredibly short sighted it makes my teeth hurt. The reason I suggested that a vendor couldn't have an SA presence to sell to other states was this section from one of the earlier posts: "Similarly, if a vape company has any physical retail stores in South Australia, or any other presence in South Australia, then they will be prohibited from selling vaping products online to South Australians even if their website and fulfilment team is based interstate." Though on re-read, it does specify selling. online to "South Australians", not customers from Interstate, so I think I'm a bit off-base there. As you say though, it sounds like there will be a lot to work out for SA vendors over the coming months. Hopefully they can still find a way to make ends meet, whether moving Interstate or otherwise.
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