Public Health (Tobacco) Amendment (E-cigarettes) Regulation 2015 (NSW)

New South Wales

Public Health (Tobacco) Amendment

(E-cigarettes) Regulation 2015

under the

Public Health (Tobacco) Act 2008

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Public Health (Tobacco) Act 2008.

JILLIAN SKINNER, MP

Minister for Health

Explanatory note
The objects of this Regulation are as follows:

(a)	to exclude certain products from the application of requirements of the Public Health (Tobacco) Act 2008 (the Act) relating to advertising and promotion of e-cigarettes, being therapeutic goods that are regulated under the Therapeutic Goods Act 1989 of the Commonwealth or the Poisons and Therapeutic Goods Act 1966,
(b)	to exempt the display of authorised products from certain display requirements of the Act,
(c)	to exclude a trademark or brand name of an e-cigarette where it appears on an e-cigarette or a package in which an e-cigarette is to be sold from the definition of e-cigarette advertisement for the purposes of the Act.

This Regulation is made under the Public Health (Tobacco) Act 2008, including sections 4 (1) (definition of e-cigarette), 9 (2) (c), 15A (3) (definition of e-cigarette advertisement) and 58 (the general regulation-making power).

Public Health (Tobacco) Amendment (E-cigarettes) Regulation

2015

under the

Public Health (Tobacco) Act 2008

1      Name of Regulation

This Regulation is the Public Health (Tobacco) Amendment (E-cigarettes)
Regulation 2015.

2      Commencement

This Regulation commences on 1 December 2015 and is required to be published on the NSW legislation website.

Schedule 1 Amendment of Public Health (Tobacco)
Regulation 2009

[1]      Clause 3A

Insert after clause 3:

3A Exclusion from definition of “e-cigarette” in Part 3 of Act

For the purposes of paragraph (a) of the definition of e-cigarette in section 4 (1) of the Act, a device that is an authorised product (within the meaning of section 22 (4) of the Act) is excluded from the definition for the purposes of its application to Part 3 of the Act.

[2]      Clause 12A

Insert before clause 13:

12A Exemption from section 9

For the purposes of section 9 (2) (c) of the Act, the display of products or accessories that are authorised products (within the meaning of section 22 (4) of the Act) is exempt from section 9 of the Act.

[3]      Clause 13A

Insert after clause 13:

13A Exclusion from definition of “e-cigarette advertisement”

For the purposes of the definition of e-cigarette advertisement in section 15A (3) of the Act, a trademark or brand name of an e-cigarette where it appears on an e-cigarette or a package in which an e-cigarette is to be sold is excluded from the definition.