Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024
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4 Definitions
Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:
(a) current Poisons Standard;
(b) health practitioner;
(c) included in the Register;
(d) Register;
(e) registered goods;
(f) Secretary;
(g) sponsor;
(h) supply;
(i) vaping goods;
(j) vaping substance.
In this instrument:
ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
Act means the Therapeutic Goods Act 1989.
approved importer means a person specified in, or in a class of persons specified in, an approval under subregulation 5A(5) of the CPI Regulations.
authorised disposer means:
(a) a person who holds a licence or written authorisation issued under a law of a State or Territory which authorises the person to destroy or dispose of waste; or
(b) an authority with functions relating to waste destruction or disposal.
authority means:
(a) a Commonwealth authority; or
(b) a department of State of the Commonwealth or a State; or
(c) a department or administrative unit of the Public Service of a Territory; or
(d) an authority of the Commonwealth, a State or Territory (including a local council or other body responsible for local government).
cease supply determination, in relation to vaping goods, means a determination by the Secretary under the regulations, published on the Department’s website, that the supply of the goods be stopped or should cease.
CPI Regulations means the Customs (Prohibited Imports) Regulations 1956.
destroy means render a thing unusable and unidentifiable.
MD Regulations means the Therapeutic Goods (Medical Devices) Regulations 2002.
medicinal cannabis products has the same meaning as in the Regulations.
notified vaping goods means vaping goods that:
(a) are exempt goods under regulations made for the purposes of subsection 18(1) of the Act, or an exempt device under regulations made for the purposes of subsection 41HA(1) of the Act, in relation to which the sponsor has given the Secretary a sponsor notice; and
(b) are not the subject of a cease supply determination.
permitted exporter, in relation to vaping goods, means: