Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 5A

Meaning of personal vaporiser and personal vaporiser related product

5A Meaning of personal vaporiser and personal vaporiser related product

(1) A
"personal vaporiser" is a device that—
(a) is capable of being used to deliver a substance into an individual’s body when the individual inhales through the device; and
(b) has 1 or more of the following parts—
(i) a battery;
(ii) a cartridge or container to store a liquid, vapour or gas;
(iii) an electric heating element.
(2) However, a
"personal vaporiser" does not include any of the following—
(a) a device included in the register under the Therapeutic Goods Act 1989 (Cwlth) , other than a device designed for the purpose of helping a person to stop smoking;
(b) a device designed to be used to deliver oxygen into an individual’s body;
(c) a bong, hookah or ice pipe;
(d) a device prescribed under a regulation for this subsection.
(3) A
"personal vaporiser related product" means any of the following—
(a) a device or other product that—
(i) is apparently intended to be part of a personal vaporiser; and
(ii) is not capable of being used to deliver a substance into an individual’s body without an adjustment, modification or addition;
Examples for paragraph (a)—
• an electric heating element, battery, cartridge, container or mouthpiece
• a product that combines an electric heating element and cartridge in a single unit
(b) a device or other product to which paragraph (a) does not apply that is apparently intended to be used in connection with a personal vaporiser.
Example for paragraph (b)
a liquid that is to be used in a personal vaporiser, whether or not the liquid is in a cartridge or container
(4) However, a
"personal vaporiser related product" does not include any other device or product prescribed under a regulation for this subsection.



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