20Prohibition on supplying vaping goods

#### 20 Prohibition on supplying vaping goods 20 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 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 Act, section 18(1) or an exempt device under regulations made under the Commonwealth 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— > > > > > (a) the person is— > > > > > > > (i) the holder of a licence or permission, granted under regulations made under the [Customs Act 1901](http://www.legislation.gov.au/) of the Commonwealth, section 50 to import the vaping goods, or > > > > > > > (ii) otherwise approved under those regulations to import the vaping goods, or > > > > > (b) the person is the holder of a licence under the Commonwealth Act, Part 3-3 that— > > > > > > > (i) is in force, and > > > > > > > (ii) authorises a step in the manufacture of the vaping goods, or > > > > > (c) the person is the holder of a conformity assessment document that applies to the vaping goods, or > > > > > (d) both of the following apply— > > > > > > > (i) the person is a wholesaler who is the holder of a licence or authority, or is otherwise authorised, under this Act to supply one or more substances included in the Poisons List, Schedule 3, > > > > > > > (ii) the supply is in accordance with the licence or authority, or > > > > > (e) both of the following apply— > > > > > > > (i) the person has been given a section 41RC consent to supply the vaping goods, > > > > > > > (ii) the supply is in accordance with the consent, or > > > > > (f) if the vaping goods are covered by a section 41R determination— > > > > > > > (i) the person is specified in the determination, or is included in a class of persons specified in the determination, in relation to the vaping goods, and > > > > > > > (ii) the supply is in accordance with the determination. > > > (6) This subsection applies in relation to the supply of the vaping goods by the person if— > > > > > (a) the person (the recipient) to whom the vaping goods are supplied is the holder of a licence under the Commonwealth Act, Part 3-3 that— > > > > > > > (i) is in force, and > > > > > > > (ii) authorises a step in the manufacture of the vaping goods, or > > > > > (b) the recipient is a wholesaler, pharmacist, medical practitioner or nurse practitioner who is the holder of a licence, or is otherwise authorised, to supply one or more substances included in the Poisons List, Schedule 3 under a law of the State or Territory in which the recipient carries on a business, practises or is employed, or > > > > > (c) the recipient has been given a section 41RC consent to supply the vaping goods, or > > > > > (d) if the vaping goods are covered by a section 41R determination—the recipient is specified in the determination, or is included in a class of persons specified in the determination, in relation to the vaping goods. > > > (7) This subsection applies in relation to the supply of the vaping goods by the person if the person is a pharmacist, medical practitioner or nurse practitioner. > > > (8) This subsection applies in relation to the supply of the vaping goods by the person if— > > > > > (a) the supply is— > > > > > > > (i) to another person for use by the other person for smoking cessation, management of nicotine dependence or another indication determined by the Commonwealth Minister under the Commonwealth Act, section 41RA, or > > > > > > > (ii) to another person, who is the carer of a third person, for use by the third person for smoking cessation, management of nicotine dependence or another indication determined by the Commonwealth Minister under the Commonwealth Act, section 41RA, and > > > > > (b) if the vaping goods are, or contain, a vaping substance—the vaping substance is in final dosage form, and > > > > > (c) the supply is— > > > > > > > (i) apart from this section, otherwise in accordance with this Act, and > > > > > > > (ii) consistent with the person’s authority to supply the vaping goods under a law of New South Wales. > > > (9) For the purposes of paragraph (8)(b), a vaping substance is in final dosage form if the vaping substance is in a form that can be administered to a person without any change or modification other than vaporisation. > > **s 20:** Am 1970 No 53, sec 2 (1) (i). Rep 1977 No 110, Sch 1 (5). Ins 2024 No 94, Sch 1\[2\].