{"id":"tas:sr-2019-066","name":"Public Health (Smoking Product Licence) Regulations 2019","slug":"public-health-smoking-product-licence-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"66 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184597,"registerId":"tas-tas:sr-2019-066-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Public Health (Smoking Product Licence) Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-066) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 25 November 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Conditions of smoking product licences for sale of personal vaporiser products","content":"### 4 Conditions of smoking product licences for sale of personal vaporiser products\n\n> [*\\[Regulation 4 Substituted by S.R. 2026, No. 10, Applied:11 Mar 2026\\]*](/view/html/inforce/2026-03-11/sr-2026-010#GS4@EN)\n> \n> > (1)  For [section 74C(4A)](/view/html/inforce/2026-04-12/act-1997-086#GS74C@Gs4A@EN) of the Act, the following conditions apply to all smoking product licences relating to personal vaporiser products:\n> > \n> > > > (a) a person may only supply a personal vaporiser product that is a vaping substance to another person (the ***patient***) in accordance with a prescription for the supply of the substance to the patient issued by either of the following in accordance with the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) (a ***valid prescription***):\n> > > > \n> > > > > > (i) a medical practitioner;\n> > > > > \n> > > > > > (ii) an authorised health professional who is a nurse practitioner;\n> > > \n> > > > (b) a person may only sell a personal vaporiser product other than a vaping substance to a patient if satisfied that the patient –\n> > > > \n> > > > > > (i) has a valid prescription for the supply of a vaping substance to be used in connection with the personal vaporiser product; or\n> > > > > \n> > > > > > (ii) has in the last 12 months been supplied, in accordance with a valid prescription, a vaping substance to be used in connection with the personal vaporiser product;\n> > > \n> > > > (c) a person must comply with the Act and the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) in supplying a personal vaporiser product in accordance with a valid prescription;\n> > > \n> > > > (d) a person may only, under the authority of the licence, dispose of a personal vaporiser product other than by supply with the prior approval of the Director;\n> > > \n> > > > (e) the holder of the licence must keep any invoice for the sale of a personal vaporiser product for at least 2 years after the sale;\n> > > \n> > > > (f) the holder of the licence must provide any information or documentation held in respect of the licence and the personal vaporiser products in the possession of, or sold or otherwise disposed of by, the holder of the licence if requested to do so by a person appointed or authorised under –\n> > > > \n> > > > > > (i) section 23 of the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ; or\n> > > > > \n> > > > > > (ii) section 27 of the [Therapeutic Goods Act 2001](/view/html/inforce/2026-04-12/act-2001-097) .\n> \n> > (2)  Unless a contrary intention appears, a term used in this regulation has the same meaning as in the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) .\n> \n> > (3)  In this regulation –\n> > \n> > > ***vaping substance*** means a substance referred to in [paragraph (c) of the definition of ***personal vaporiser product*** in section 3](/view/html/inforce/2026-04-12/act-1997-086#GS3@Nd162201701112@Hpc@EN) of the Act, whether or not that substance is a scheduled substance.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Smoking product licence fees","content":"### 5 Smoking product licence fees\n\n> [*\\[Regulation 5 Inserted by S.R. 2026, No. 10, Applied:11 Mar 2026\\]*](/view/html/inforce/2026-03-11/sr-2026-010#GS4@EN) For [sections 74B(3)(c)](/view/html/inforce/2026-04-12/act-1997-086#GS74B@Gs3@Hpc@EN) and [74F(2)(b)](/view/html/inforce/2026-04-12/act-1997-086#GS74F@Gs2@Hpb@EN) of the Act, the prescribed fee for an application for a smoking product licence, or the renewal of a smoking product licence, is –\n> \n> > > (a) if the application relates to a tobacco product – 717 fee units for each premises specified in the application; or\n> > \n> > > (b) if the application relates to a personal vaporiser product – 0 fee units.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 6 November 2019\n\nThese regulations are administered in the Department of Health.","sortOrder":4}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulations appear to remain focused on their original purpose: establishing a licensing regime for smoking product sellers in Tasmania. No material scope expansion (e.g., to cover vaping products or new categories of sellers) is evident from this extract, though amendments since 2019 may have refined operational details."},"complexity_factors":["Subordinate legislation (regulations) dependent on understanding the parent Public Health Act for full context","Licensing schemes involve multiple procedural layers — applications, conditions, renewals, fees, and enforcement","Has been amended multiple times since 2019, requiring readers to track changes","Interaction with broader tobacco control and public health regulatory frameworks","Limited text available for analysis — full complexity of fee schedules and licence conditions cannot be assessed from the extract provided"],"plain_english_summary":"These Tasmanian regulations establish a mandatory licensing regime for businesses that sell or supply cigarettes, tobacco and other smoking products, affecting retailers, wholesalers, distributors and the regulators who enforce the rules.  \n\nThey matter because licensing lets government control who can sell tobacco, enforce compliance and age restrictions, and hold sellers accountable as part of Tasmania’s public‑health strategy; updated to 11 March 2026."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 2019 as general licensing regulations for smoking products, the legislation's scope has dramatically narrowed and intensified for vaping products following the March 2026 amendments. The original regulations likely established basic licensing conditions for all smoking products. The 2026 amendments transformed the vaping provisions from standard retail licensing into a prescription-controlled medical access scheme, effectively converting a consumer regulatory framework into a pharmaceutical-style control system. The zero-fee structure for vaping licences (versus substantial tobacco fees) also signals a policy shift toward treating vaping as smoking cessation rather than revenue-generating retail activity."},"complexity_factors":["Heavy reliance on external legislation—meaning of key terms (like 'personal vaporiser product') and prescription requirements are defined in the Public Health Act 1997 and Poisons Act 1971, not in these regulations","Nested conditional logic in regulation 4(1)(b): sale of hardware permitted only if patient has valid prescription OR was supplied substance in last 12 months","Dual-track fee structure with zero fee for vaping versus substantial fee for tobacco creates asymmetry that requires careful reading","Cross-references to three separate Acts (Public Health Act 1997, Poisons Act 1971, Therapeutic Goods Act 2001) for enforcement and definitions","Regulation 4(3) contains a circular definition issue—'vaping substance' refers back to the Act's definition of 'personal vaporiser product' which itself contains the substance definition"],"plain_english_summary":"These regulations set the rules for businesses that want to sell smoking products in Tasmania, with a sharp distinction between traditional tobacco and vaping products.\n\n**What changed recently:**\nThe rules were significantly tightened in March 2026. Vaping products (e-cigarettes and related items) are now treated as prescription-only medicines rather than ordinary retail goods.\n\n**Key rules for vaping products:**\n- **Vaping substances** (the nicotine-containing liquids): Can only be supplied with a valid prescription from a doctor or nurse practitioner, issued under Tasmania's Poisons Act.\n- **Vaping devices** (the hardware): Can only be sold to someone who either has a current prescription for vaping substances, or has been supplied with vaping substances on prescription within the last 12 months.\n- **Record keeping**: Sellers must keep invoices for at least 2 years and hand over information to health authorities if asked.\n- **Disposal**: You can't just throw away unsold vaping stock—you need the Director's approval first.\n\n**Fees:**\n- Tobacco licence: 717 fee units per premises (expensive)\n- Vaping licence: Free (0 fee units)\n\n**Who this affects:**\n- Retailers wanting to sell tobacco or vaping products\n- Pharmacies and specialist vaping businesses\n- Consumers who vape (now need prescriptions)\n\n**Why it matters:**\nTasmania has effectively moved vaping from a consumer market to a therapeutic model. This aligns with treating nicotine vaping as a smoking cessation tool rather than a recreational product, while maintaining strict controls on tobacco sales."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The regulation text records a substitution of Regulation 4 and insertion of Regulation 5 by S.R. 2026 (applied 11 Mar 2026), which changed licensing conditions and fees. Key changes: prescription-only supply of vaping substances and limits on selling devices unless the buyer has a recent prescription (Reg 4(1)(a)–(b)); required compliance with the Poisons Act when supplying under prescription (Reg 4(1)(c)); Director approval for disposal of devices (Reg 4(1)(d)); two-year invoice retention (Reg 4(1)(e)); mandatory provision of records to officers under the Poisons Act or Therapeutic Goods Act (Reg 4(1)(f)). The inserted fee rule (Reg 5) sets tobacco licence applications at 717 fee units per premises and personal vaporiser applications at 0 fee units, altering who pays and creating different cost incentives for applicants."},"complexity_factors":["Multiple substantive cross-references to the Public Health Act, Poisons Act 1971 and Therapeutic Goods Act 2001","Substitution and insertion of regulations by a later statutory rule (S.R. 2026, No. 10) changes original text and requires tracking amendment history","Prescription requirement for supply of vaping substances introduces medical law and scheduling interactions","Differentiated fee regime (tobacco: 717 fee units per premises; vaporiser: 0 fee units) creates per-premises calculation and disparate incentives","Recordkeeping obligation (retain invoices for 2 years) imposes operational compliance burden","Administrative discretion for disposal (prior approval by the Director) and information requests by authorised officers","Definitions and terms rely on other statutes’ meanings, increasing interpretive complexity for implementers and enforcers"],"plain_english_summary":"These regulations change the licence rules for selling vaping and tobacco products. They make supply of vaping liquids conditional on a valid prescription, require sellers to keep invoices, comply with the Poisons Act, get director approval to dispose of devices, and provide records to authorised officers. They also set licence fees: a high fee for tobacco licences (717 fee units per premises) and no fee for personal vaporiser licences. This affects retailers and prescribers by shifting compliance costs onto licence-holders and concentrating decision power with regulators and authorised officers."}},"importantCases":[],"_links":{"self":"/api/acts/public-health-smoking-product-licence-regulations-2019","history":"/api/acts/public-health-smoking-product-licence-regulations-2019/history","analysis":"/api/acts/public-health-smoking-product-licence-regulations-2019/analysis","conflicts":"/api/acts/public-health-smoking-product-licence-regulations-2019/conflicts","importantCases":"/api/acts/public-health-smoking-product-licence-regulations-2019/important-cases","documents":"/api/acts/public-health-smoking-product-licence-regulations-2019/documents"}}