85DProhibition on possession of vaping goods—less than commercial quantities

85D Prohibition on possession of vaping goods—less than commercial quantities

85D Prohibition on possession of vaping goods—less than commercial quantities

(1) A person is guilty of an offence if—

(a) the person is a retailer in relation to retail premises in New South Wales, and

(b) the person possesses a quantity of a kind of vaping goods at the retail premises, and

(c) the quantity is less than the commercial quantity of the kind of vaping goods.

Maximum penalty—12 months imprisonment or 1,400 penalty units, or both.

(2) A person is guilty of a strict liability offence if—

(a) the person is a retailer in relation to retail premises in New South Wales, and

(b) the person possesses a quantity of a kind of vaping goods at the retail premises, and

(c) the quantity is less than the commercial quantity of the kind of vaping goods.

Maximum penalty—160 penalty units.

(3) Subsections (1) and (2) do not apply if subsections (4) and (5) apply in relation to the possession of the vaping goods by the person.

(4) This subsection applies in relation to the possession 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