9Meaning of tobacco product

9 Meaning of tobacco product

Basic definition (1) A tobacco product means the following designed or intended for human consumption or use: (a) processed tobacco in any form; (b) a product that contains tobacco as an ingredient.

Note 1: Loose tobacco for roll‑your‑own cigarettes is an example of processed tobacco. A cigar or cigarette is an example of a product that contains tobacco as an ingredient.

Note 2: An e‑cigarette product that contains tobacco is not treated as a tobacco product under this Act (see subsection (4)).

Note 3: Tobacco products and tobacco product accessories are together called regulated tobacco items (see definition in section 8).

(2) To avoid doubt, a tobacco product includes those parts of the product that are not tobacco.

Note: Example: A tobacco product that is a cigarette includes the paper, and any filter tip, in the manufactured product.

Certain wrappers excluded (3) A tobacco product does not include a wrapper for tobacco that is in the form of a sheet or tube made from or with tobacco.

Note: Such wrappers are treated as tobacco product accessories (see paragraph 10(1)(d)).

E‑cigarette products excluded (4) A tobacco product does not include an e‑cigarette product (even if the e‑cigarette product contains tobacco). Certain therapeutic goods excluded (5) A tobacco product does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act.