22Prohibition on possession of vaping goods—less than commercial quantities

#### 22 Prohibition on possession of vaping goods—less than commercial quantities 22 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 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 possession of the vaping goods by the person if— > > > > > (a) 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 > > > > > (b) 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 > > > > > (c) 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. > > > (6) Subsections (1) and (2) do not apply in relation to the possession of the vaping goods by the person if— > > > > > (a) the vaping goods are for use by the person personally, and > > > > > (b) the quantity of the vaping goods is not more than the permitted quantity of the kind of vaping goods. > > > (7) In this section— > > > > permitted quantity, of a kind of vaping goods, has the same meaning as in the Commonwealth Act, section 41QD(10). > > > > retail premises means either of the following types of premises, whether or not the premises are used wholly or predominantly for the relevant purpose— > > > > > (a) premises from which goods or services are available for supply, or are supplied, to a consumer, or > > > > > (b) premises that are used in connection with the supply of goods or services to a consumer. > > > > retailer, in relation to retail premises in New South Wales, means the following— > > > > > (a) an owner, lessee or occupier of the retail premises, > > > > > (b) a person conducting a business or undertaking at, or in connection or association with, the retail premises, > > > > > (c) a director, officer or agent of a person referred to in paragraph (a) or (b), > > > > > (d) a person performing work in any capacity, including an employee or a contractor, for, or on behalf of, a person referred to in paragraph (a), (b) or (c) at or in connection with the retail premises. > > **s 22:** Rep 1985 No 227, Sch 1. Ins 2024 No 94, Sch 1\[2\].