Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 41P

  (1)   In this Act:

"vaping accessory" means a cartridge, capsule, pod or other vessel:

  (a)   that is for use in, or with, a vaping device; and

  (b)   whether or not the cartridge, capsule, pod or other vessel:

  (i)   contains a vaping substance; or

  (ii)   is designed or intended to be refilled.

"vaping device" means:

  (a)   a device (whether or not filled with a vaping substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or

  (b)   a device to which paragraph   (a) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished.

Note:   Examples of devices that are not vaping devices include the following:

(a)   humidifiers;

(b)   diffusers;

(c)   nebulisers;

(d)   inhalers.

"vaping goods" means any of the following goods:

  (a)   a vaping substance;

  (b)   a vaping accessory;

  (c)   a vaping device;

  (d)   goods the presentation of which includes an express or implied representation that the goods are of a kind referred to in paragraph   (a), (b) or (c);

  (e)   goods that are, or are included in a class of goods that are, determined to be vaping goods under subsection   (3).

Note:   This definition is affected by subsection   (2).

"vaping substance" :

  (a)   means:

  (i)   nicotine in solution in any concentration (including in a salt or base form); or

  (ii)   any liquid or other substance for use in, or with, a vaping device; and

  (b)   includes a container (other than a vaping accessory or vaping device), or part of such a container, in which a liquid or other substance referred to in subparagraph   (a)(i) or (ii) is present .

  (2)   For the purposes of paragraph   (d) of the definition of vaping goods in subsection   (1):

  (a)   the presentation of goods includes matters in relation to:

  (i)   the name of the goods; and

  (ii)   the labelling and packaging of the goods; and

  (iii)   any advertising or informational material associated with the use or supply of the goods; and

  (b)   goods are taken to be presented as being a particular kind of goods even if the presentation:

  (i)   is capable of being misleading or confusing as to the content or proper use or identification of the goods; or

  (ii)   suggests that the goods have ingredients, components or characteristics that they do not have.

Minister may determine that goods are or are not vaping goods etc.

  (3)   The Minister may, by legislative instrument, determine that, for the purposes of this Act, specified goods or specified classes of goods:

  (a)   are or are not vaping goods; or

  (b)   when used, advertised, or presented for use or supply in a particular way, are or are not vaping goods.