4Conditions of smoking product licences for sale of personal vaporiser products

4 Conditions of smoking product licences for sale of personal vaporiser products

[Regulation 4 Substituted by S.R. 2026, No. 10, Applied:11 Mar 2026]

(1)  For section 74C(4A) of the Act, the following conditions apply to all smoking product licences relating to personal vaporiser products:

(a) a person may only supply a personal vaporiser product that is a vaping substance to another person (the patient) in accordance with a prescription for the supply of the substance to the patient issued by either of the following in accordance with the Poisons Act 1971 (a valid prescription):

(i) a medical practitioner;

(ii) an authorised health professional who is a nurse practitioner;

(b) a person may only sell a personal vaporiser product other than a vaping substance to a patient if satisfied that the patient –

(i) has a valid prescription for the supply of a vaping substance to be used in connection with the personal vaporiser product; or

(ii) has in the last 12 months been supplied, in accordance with a valid prescription, a vaping substance to be used in connection with the personal vaporiser product;

(c) a person must comply with the Act and the Poisons Act 1971 in supplying a personal vaporiser product in accordance with a valid prescription;

(d) a person may only, under the authority of the licence, dispose of a personal vaporiser product other than by supply with the prior approval of the Director;

(e) the holder of the licence must keep any invoice for the sale of a personal vaporiser product for at least 2 years after the sale;

(f) the holder of the licence must provide any information or documentation held in respect of the licence and the personal vaporiser products in the possession of, or sold or otherwise disposed of by, the holder of the licence if requested to do so by a person appointed or authorised under –