Commonwealth legislation

Therapeutic Goods (Vaping Goods) Determination 2024

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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This instrument declares which products are treated as “vaping goods” under the Therapeutic Goods Act and separately lists goods that are not vaping goods. It specifically excludes nicotine-containing therapeutic products that are registered for oromucosal or transdermal use as aids for withdrawal from smoking or vaping. That classification determines whether manufacturers, suppliers and advertisers of those products fall within therapeutic‑goods regulation.

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Current sections

Direct links to the current provisions in Therapeutic Goods (Vaping Goods) Determination 2024.

Therapeutic Goods (Vaping Goods) Determination 2024

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Commonwealth Coat of Arms of Australia

Therapeutic Goods (Vaping Goods) Determination 2024

I, Nicholas Henderson, as delegate of the Minister for Health and Aged Care, make the following determination.

Dated 29 June 2024

Nicholas Henderson

Acting Deputy Secretary Health Products Regulation Group

Department of Health and Aged Care

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Specified goodsvaping goods

6 Specified goodsnot vaping goods

Schedule 1—Vaping goods

Part 1—Vaping goods

Part 2—Vaping goods when used, advertised, or presented for supply in a particular way

Schedule 2—Not vaping goods

Part 1—Not vaping goods

Part 2—Not vaping goods when used, advertised, or presented for supply in a particular way

1 Name

This instrument is the Therapeutic Goods (Vaping Goods) Determination 2024.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument At the same time as Parts 1 to 3 of Schedule 1 to the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 commences.However, this instrument does not commence at all if the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 does not commence.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under subsection 41P(3) of the Therapeutic Goods Act 1989.

4 Definitions

Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:

(a) advertise;

(b) manufacture;

(d) Register;

(e) supply;

(f) therapeutic goods.

In this instrument:

Act means the Therapeutic Goods Act 1989.

nicotine has the same meaning as in TGO 110.

TGO 110 means the Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021.

Note: TGO 110 is a legislative instrument that may be access on the Federal Register of Legislation at www.legislation.gov.au.

5 Specified goodsvaping goods

(1) The goods or classes of goods specified in Part 1 of Schedule 1 are determined to be vaping goods.

(2) For each item of the table in Part 2 of Schedule 1, the goods or classes of goods specified in column 2, when used, advertised, or presented for use or supply in a way specified in column 3, are determined to be vaping goods.

6 Specified goodsnot vaping goods

(1) The goods or classes of goods specified in Part 1 of Schedule 2 are determined not to be vaping goods.

(2) For each item of the table in Part 2 of Schedule 2, the goods or classes of goods specified in column 2, when used, advertised, or presented for use or supply in a way specified in column 3, are determined not to be vaping goods.

Schedule 1—Vaping goods

Note: See section 5.

Part 1—Vaping goods

Note: This Part is intentionally blank, and is reserved for future use.

Part 2—Vaping goods when used, advertised, or presented for supply in a particular way

Note: This Part is intentionally blank, and is reserved for future use.

Schedule 2—Not vaping goods

Note: See section 6.

Part 1—Not vaping goods

Goods that are not vaping goods
Column 1 Column 2
Item Goods or classes of goods
1 therapeutic goods that contain nicotine in liquid form that are included in the Register for:(b) oromucosal or transdermal administration; and(c) use as an aid in withdrawal either from tobacco smoking or nicotine vaping

Part 2—Not vaping goods when used, advertised, or presented for supply in a particular way

Note: This Part is intentionally blank, and is reserved for future use.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 meta-description: legislation title: "DRAFT: Therapeutic Goods (Declared Goods) Order 2019"

?xml version="1.0" encoding="utf-8" standalone="no"?>

Therapeutic Goods (Vaping Goods) Determination 2024

I, Nicholas Henderson, as delegate of the Minister for Health and Aged Care, make the following determination.

Dated 29 June 2024

Nicholas Henderson

Acting Deputy Secretary Health Products Regulation Group

Department of Health and Aged Care

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Specified goodsvaping goods

6 Specified goodsnot vaping goods

Schedule 1—Vaping goods

Part 1—Vaping goods

Part 2—Vaping goods when used, advertised, or presented for supply in a particular way

Schedule 2—Not vaping goods

Part 1—Not vaping goods

Part 2—Not vaping goods when used, advertised, or presented for supply in a particular way

1 Name

This instrument is the Therapeutic Goods (Vaping Goods) Determination 2024.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument At the same time as Parts 1 to 3 of Schedule 1 to the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 commences.However, this instrument does not commence at all if the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 does not commence.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.