Therapeutic Goods (Vaping Goods) Determination 2024
I, Nicholas Henderson, as delegate of the Minister for Health and Aged Care, make the following determination.
Dated 29 June 2024
Nicholas Henderson
Acting Deputy Secretary
Health Products Regulation Group
Department of Health and Aged Care
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Specified goodsvaping goods
6 Specified goodsnot vaping goods
Schedule 1—Vaping goods
Part 1—Vaping goods
Part 2—Vaping goods when used, advertised, or presented for supply in a particular way
Schedule 2—Not vaping goods
Part 1—Not vaping goods
Part 2—Not vaping goods when used, advertised, or presented for supply in a particular way
This instrument is the Therapeutic Goods (Vaping Goods) Determination 2024.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | At the same time as Parts 1 to 3 of Schedule 1 to the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 commences. However, this instrument does not commence at all if the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 does not commence. |
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Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under subsection 41P(3) of the Therapeutic Goods Act 1989.
Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:
(a) advertise;
(b) manufacture;
(c) presentation;
(d) Register;
(e) supply;
(f) therapeutic goods.
In this instrument:
Act means the Therapeutic Goods Act 1989.
nicotine has the same meaning as in TGO 110.
TGO 110 means the Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021.
Note: TGO 110 is a legislative instrument that may be access on the Federal Register of Legislation at www.legislation.gov.au.
5 Specified goodsvaping goods
(1) The goods or classes of goods specified in Part 1 of Schedule 1 are determined to be vaping goods.
(2) For each item of the table in Part 2 of Schedule 1, the goods or classes of goods specified in column 2, when used, advertised, or presented for use or supply in a way specified in column 3, are determined to be vaping goods.
6 Specified goodsnot vaping goods
(1) The goods or classes of goods specified in Part 1 of Schedule 2 are determined not to be vaping goods.
(2) For each item of the table in Part 2 of Schedule 2, the goods or classes of goods specified in column 2, when used, advertised, or presented for use or supply in a way specified in column 3, are determined not to be vaping goods.
Note: See section 5.
Note: This Part is intentionally blank, and is reserved for future use.
Part 2—Vaping goods when used, advertised, or presented for supply in a particular way
Note: This Part is intentionally blank, and is reserved for future use.
Note: See section 6.
Goods that are not vaping goods | |
Column 1 | Column 2 |
Item | Goods or classes of goods |
1 | therapeutic goods that contain nicotine in liquid form that are included in the Register for: (b) oromucosal or transdermal administration; and (c) use as an aid in withdrawal either from tobacco smoking or nicotine vaping |
Part 2—Not vaping goods when used, advertised, or presented for supply in a particular way
Note: This Part is intentionally blank, and is reserved for future use.