85BProhibition on supplying vaping goods

85B Prohibition on supplying vaping goods

85B Prohibition on supplying vaping goods

(1) A person who supplies vaping goods in New South Wales is guilty of an offence.

Maximum penalty—7 years imprisonment or 14,000 penalty units, or both.

(2) A person who supplies vaping goods in New South Wales is guilty of a strict liability offence.

Maximum penalty—560 penalty units.

(3) Subsections (1) and (2) do not apply if—

(a) subsections (4)–(6) apply in relation to the supply of the vaping goods by the person, or

Note—

Subsections (4)–(6) together apply in relation to wholesale supply of vaping goods.

(b) subsections (4), (7) and (8) apply in relation to the supply of the vaping goods by the person.

Note—

Subsections (4), (7) and (8) together apply in relation to retail supply of vaping goods.

(4) This subsection applies in relation to the supply of the vaping goods by the person if—

(a) the vaping goods are therapeutic goods included in the Australian Register of Therapeutic Goods, or

(b) both of the following apply—

(i) the vaping goods are therapeutic goods—

(A) that are exempt goods under regulations made under the Commonwealth Therapeutic Goods Act, section 18(1) or an exempt device under regulations made under the Commonwealth Therapeutic Goods Act, section 41HA(1), and

(B) in relation to which the sponsor has given the Commonwealth Secretary a notice in compliance with the exemption,

(ii) the vaping goods are not the subject of a determination by the Commonwealth Secretary, published on the Commonwealth Department’s website, that the supply of the goods be stopped or should be stopped because the Commonwealth Secretary is satisfied that the supply of the goods compromises public health and safety or the goods do not conform with a standard applicable to the goods, or

(c) the vaping goods are covered by a section 41R determination.

(5) This subsection applies in relation to the supply of the vaping goods by the person if—