sec.7Meaning of vaping-related terms

sec.7 Meaning of vaping-related terms

In this Act— vaping accessory means a cartridge, capsule, pod or other vessel— that is for use in, or with, a vaping device; and whether or not the cartridge, capsule, pod or other vessel— contains a vaping substance; or is designed or intended to be refilled. vaping device — means— a device, whether or not filled with a vaping substance, that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or a device to which subparagraph (i) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished; and does not include— a device included in the register under the Therapeutic Goods Act 1989 (Cwlth) , other than a device designed for use by a person for smoking cessation or management of nicotine dependence; or a device designed to be used to deliver oxygen into an individual’s body; or a bong, hookah or ice pipe; or a device prescribed by regulation not to be a vaping device. vaping goods — means any of the following goods— a vaping substance; a vaping accessory; a vaping device; goods the presentation of which includes an express or implied representation that the goods are of a type mentioned in subparagraph (i) , (ii) or (iii) ; See also subsection (2) in relation to the presentation of goods. goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) to be vaping goods; and does not include goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) not to be vaping goods. vaping substance — means— nicotine in solution in any concentration, including in a salt or base form; or any liquid or other substance for use in, or with, a vaping device; and includes a container or part of a container, other than a vaping accessory or vaping device, in which a liquid or other substance mentioned in paragraph (a) (i) or (ii) is present. For subsection (1) , definition vaping goods , paragraph (a) (iv) — the presentation of goods includes matters relating to— the name of the goods; and the labelling and packaging of the goods; and any advertising or informational material associated with the use or supply of the goods; and goods are taken to be presented as being a particular type of goods even if the presentation— is capable of being misleading or confusing as to the content or proper use or identification of the goods; or suggests that the goods have ingredients, components or characteristics that they do not have. A regulation may prescribe that stated goods or stated classes of goods— are or are not vaping goods; or when used, advertised, or presented for use or supply in a stated way, are or are not vaping goods. s 7 ins 2014 No. 65 s 53 sub 2024 No. 51 s 7 (sec.7-ssec.1) In this Act— vaping accessory means a cartridge, capsule, pod or other vessel— that is for use in, or with, a vaping device; and whether or not the cartridge, capsule, pod or other vessel— contains a vaping substance; or is designed or intended to be refilled. vaping device — means— a device, whether or not filled with a vaping substance, that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or a device to which subparagraph (i) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished; and does not include— a device included in the register under the Therapeutic Goods Act 1989 (Cwlth) , other than a device designed for use by a person for smoking cessation or management of nicotine dependence; or a device designed to be used to deliver oxygen into an individual’s body; or a bong, hookah or ice pipe; or a device prescribed by regulation not to be a vaping device. vaping goods — means any of the following goods— a vaping substance; a vaping accessory; a vaping device; goods the presentation of which includes an express or implied representation that the goods are of a type mentioned in subparagraph (i) , (ii) or (iii) ; See also subsection (2) in relation to the presentation of goods. goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) to be vaping goods; and does not include goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) not to be vaping goods. vaping substance — means— nicotine in solution in any concentration, including in a salt or base form; or any liquid or other substance for use in, or with, a vaping device; and includes a container or part of a container, other than a vaping accessory or vaping device, in which a liquid or other substance mentioned in paragraph (a) (i) or (ii) is present. (sec.7-ssec.2) For subsection (1) , definition vaping goods , paragraph (a) (iv) — the presentation of goods includes matters relating to— the name of the goods; and the labelling and packaging of the goods; and any advertising or informational material associated with the use or supply of the goods; and goods are taken to be presented as being a particular type of goods even if the presentation— is capable of being misleading or confusing as to the content or proper use or identification of the goods; or suggests that the goods have ingredients, components or characteristics that they do not have. (sec.7-ssec.3) A regulation may prescribe that stated goods or stated classes of goods— are or are not vaping goods; or when used, advertised, or presented for use or supply in a stated way, are or are not vaping goods.