21Prohibition on possession of vaping goods—commercial quantities

#### 21 Prohibition on possession of vaping goods—commercial quantities 21 Prohibition on possession of vaping goods—commercial quantities > > (1) A person is guilty of an offence if— > > > > > (a) the person possesses a quantity of a kind of vaping goods in New South Wales, and > > > > > (b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of the kind of vaping goods. > > > > Maximum penalty—2 years imprisonment or 2,800 penalty units, or both. > > > (2) A person is guilty of a strict liability offence if— > > > > > (a) the person possesses a quantity of a kind of vaping goods in New South Wales, and > > > > > (b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of the kind of vaping goods. > > > > Maximum penalty—330 penalty units. > > > (3) A person is guilty of an offence if— > > > > > (a) the person possesses a quantity of a kind of vaping goods in New South Wales, and > > > > > (b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of the kind of vaping goods. > > > > Maximum penalty—5 years imprisonment or 8,400 penalty units, or both. > > > (4) A person is guilty of a strict liability offence if— > > > > > (a) the person possesses a quantity of a kind of vaping goods in New South Wales, and > > > > > (b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of the kind of vaping goods. > > > > Maximum penalty—670 penalty units. > > > (5) A person is guilty of an offence if— > > > > > (a) the person possesses a quantity of a kind of vaping goods in New South Wales, and > > > > > (b) the quantity is at least 1,000 times the commercial quantity of the kind of vaping goods. > > > > Maximum penalty—7 years imprisonment or 14,000 penalty units, or both. > > > (6) A person is guilty of a strict liability offence if— > > > > > (a) the person possesses a quantity of a kind of vaping goods in New South Wales, and > > > > > (b) the quantity is at least 1,000 times the commercial quantity of the kind of vaping goods. > > > > Maximum penalty—1,170 penalty units. > > > (7) Subsections (1) and (2) do not apply in relation to the possession of the vaping goods by the person if— > > > > > (a) the vaping goods have been lawfully supplied to the person, and > > > > > (b) the vaping goods are for use by the person personally, and > > > > > (c) the quantity of the vaping goods is less than 5 times the commercial quantity of the kind of vaping goods. > > > (8) Subsections (1)–(6) do not apply if subsections (9) and (10) apply in relation to the possession of the vaping goods by the person. > > > (9) 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 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. > > > (10) This subsection applies in relation to the possession of the vaping goods by the person if— > > > > > (a) the person— > > > > > > > (i) is 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) is 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, pharmacist, medical practitioner or nurse practitioner who is the holder of a licence, or is otherwise authorised, under this Act to supply one or more substances included in the Poisons List, Schedule 3, > > > > > > > (ii) the possession of the vaping goods 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 possess the vaping goods, > > > > > > > (ii) the possession of the vaping goods 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 possession of the vaping goods is in accordance with the determination. > > **s 21:** Am 1970 No 53, sec 2 (1) (j); 1977 No 5, Schs 2, 3; 1977 No 110, Sch 1 (6); 1981 No 88, Schs 1 (5), 2 (12). Rep 1985 No 227, Sch 1. Ins 2024 No 94, Sch 1\[2\]. Am 2025 No 51, Sch 2.3.