Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024

Administered by Department of Health, Disability and Ageing

Legislation au F2024L00847 In force Legislative Instrument

Legislation content

 

 

Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024

made under section 41R of the

Therapeutic Goods Act 1989

Compilation No. 5

Compilation date: 20 December 2025

Includes amendments: F2025L01619

About this compilation

This compilation

This is a compilation of the Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024 that shows the text of the law as amended and in force on 20 December 2025(the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1  Name

3  Authority

4  Definitions

5  Circumstances in which specified vaping goods may be possessed

6  Circumstances in which specified vaping goods may be possessed and supplied

Schedule 1—Possession of specified vaping goods

Schedule 2—Possession and supply of specified vaping goods

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024.

3  Authority

  This instrument is made under section 41R 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) 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:

 (a) a person engaged in the business of exportation to whom the Secretary has given a consent under subsection 41RC(1) of the Act to possess the vaping goods; or

 (b) a person specified in column 3 of item 17 in the table in Schedule 2.

permitted health practitioner means a person mentioned in subsection 41QB(10) of the Act.

permitted importer, in relation to vaping goods, means a person authorised under regulation 5 or 5A of the CPI Regulations to import the vaping goods, other than an approved importer.

permitted manufacturer means a person mentioned in paragraph 41QA(5)(b) of the Act.

permitted recipient, in relation to vaping goods, means:

 (a) a person mentioned in paragraph 41QB(8)(b) of the Act; or

 (b) a person engaged in the business of manufacture, wholesale supply or retail supply to whom the Secretary has given a consent under subsection 41RC(1) of the Act to possess the vaping goods.

permitted supplier, in relation to vaping goods, means:

 (a) a person mentioned in paragraphs 41QB(7)(a), (b), (c) or (d) of the Act; or

 (b) a person engaged in the business of importation, manufacture, wholesale supply or retail supply to whom the Secretary has given a consent under subsection 41RC(1) of the Act to supply the vaping goods; or

 (c) a person specified in column 3 of item 7 in the table in Schedule 2.

Regulations means the Therapeutic Goods Regulations 1990.

sponsor notice, in relation to vaping goods that are exempt goods or an exempt device, means a notice which a sponsor has given the Secretary in compliance with an exemption under regulations made for the purposes of subsection 18(1) or 41HA(1) of the Act.

storage business means a person with an active ABN who is engaged in the business of storing goods and has a lease or licence, or similar right, to occupy premises for the purposes of storage.

therapeutic cannabis vaping good has the same meaning as in the MD Regulations.

transport business means a person with an active ABN who is engaged principally in the business of freighting goods.

visiting group means a group of persons specified in an approval under subregulation 5A(5) of the CPI Regulations.

5  Circumstances in which specified vaping goods may be possessed

  In relation to each item in the table in Schedule 1, the specified vaping goods, or specified class of vaping goods, determined in column 2, may be possessed by a specified person or a specified class of persons determined in column 3, in the circumstances specified in column 4 and subject to the conditions, if any, specified in column 5.

6  Circumstances in which specified vaping goods may be possessed and supplied

  In relation to each item in the table in Schedule 2, the specified vaping goods, or specified class of vaping goods, determined in column 2, may be possessed and supplied by a specified person or a specified class of persons determined in column 3, in the circumstances specified in column 4 and subject to the conditions, if any, specified in column 5.


Schedule 1—Possession of specified vaping goods

Note: See section 5.

Specified vaping goods, persons, circumstances and conditions (if any)

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Vaping goods

Persons

Circumstances

Conditions

2

vaping goods

a person who is a member of a visiting group to Australia

all of the following:

(a) the goods were imported by an approved importer in accordance with an approval under subregulation 5A(5) of the CPI Regulations;

(b) the goods were given to the person by the approved importer

 

 

 

 

 

4

one or more of the following:

(a) notified vaping goods;

(b) goods that are or contain a vaping substance that is a medicinal cannabis product or a medicine that contains synthetic cannabis;

(c) therapeutic cannabis vaping goods

a storage business

all of the following:

(b) the other person (storer) who has engaged the storage services of the person is:

(i) a person in relation to whom item 6 of this Schedule applies; or

(ii) a person in relation to whom item 7, 8 or 9 of Schedule 2 to this Determination applies; or

(iii) a permitted importer, a permitted exporter, a permitted supplier or a permitted recipient; or

(iv) a sponsor, or a principal investigator, of a clinical trial involving the goods;

(c) the storage is in accordance with a written agreement between the person and the storer

all of the following:

(a) the person must, for the period in which the goods are in the person’s possession, keep:

(i) a copy of the written agreement between the person and the storer; and

(ii) a description of the goods (including the amount or quantity of goods) stored, and the name and address of the storer;

(b) the goods must be stored:

(i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and

(ii) in an area the person reasonably believes that a member of the public could not access without the person’s permission;

(c) the person must, for at least 12 months after the day on which the goods are removed from the person’s possession, retain records of:

(i) a description of the goods (including the amount or quantity of goods) stored; and

(ii) the name and address of the storer; and

(iii) the written agreement, or a copy of the written agreement, between the person and the storer;

(d) if the goods contain a substance included in Schedule 4 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and storage of a substance to which Schedule 4 to the current Poisons Standard applies;

(e) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and storage of a substance to which Schedule 8 to the current Poisons Standard applies

5

vaping goods

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

all of the following:

(b) the person possesses the goods for the sole purpose of lawful destruction by the person or an agent or employee of the person;

(c) the person did not provide any payment or other consideration for the goods

all of the following:

(a) at all times while the goods are in the person’s possession, the goods must be clearly marked for destruction;

(b) the goods must be destroyed as soon as practicable;

(c) the goods must be stored:

(i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and

(ii) in an area a member of the public could not access without permission from the person;

(d) the person must, for the period in which the goods are in the person’s possession, keep and maintain a record of:

(i) the amount or quantity of the goods; and

(ii) a description of the goods;

(e) the person must, for at least 12 months after the day on which the goods are delivered, retain a copy of the receipt provided by the person to the person who delivered the goods;

(f) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and destruction of a substance to which Schedule 8 to the current Poisons Standard applies;

(g) the person must, for at least 12 months after the day on which the goods are destroyed, retain a record of:

(i) the date the goods were destroyed; and

(ii) the amount or quantity of goods destroyed; and

(iii) a description of the goods destroyed; and

(iv) the method of destruction; and

(v) the name and signature of the person recording the information

6

vaping goods

a person engaged in bona fide medical or scientific research or testing of vaping goods

all of the following:

(b) the person is:

(i) a laboratory accredited by the National Association of Testing Authorities; or

(ii) a laboratory or testing facility operated by a university or hospital; or

(iii) a person engaged by a laboratory or testing facility referred to in subparagraph (i) or (ii) to conduct or assist with medical or scientific research or testing at the laboratory;

(c) the medical or scientific research or testing does not involve research or testing in or on humans;

(d) the goods were lawfully:

(i) imported into, or manufactured in, Australia; and

(ii) supplied to the person;

(e) the medical or scientific research or testing occurs, or will occur, solely in a laboratory or facility referred to in paragraph (b)

all of the following:

(a) the goods must not be used:

(i) for any purpose other than medical or scientific research or testing; and

(ii) in or on humans;

(b) the goods must be stored:

(i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and

(ii) in an area the person reasonably believes a member of the public could not access without permission from the person;

(c) the person must keep and maintain a record of all goods in the person’s possession, including:

(i) the amount or quantity of goods; and

(ii) a description of the goods;

(d) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and testing of a substance to which Schedule 8 to the current Poisons Standard applies;

(e) the person must maintain and keep, for a period of no less than 12 months after the day on which the goods are destroyed, a record of the goods destroyed which includes:

(i) the date of destruction; and

(ii) the amount or quantity of goods; and

(iii) a description of the goods; and

(iv) the method of destruction; and

(v) the name and signature of the person recording the information

 


Schedule 2—Possession and supply of specified vaping goods

Note: See section 6.

Specified vaping goods, persons, circumstances and conditions (if any)

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Vaping goods

Persons

Circumstances

Conditions

2

imported vaping goods

a person who has entered Australia on board a ship or aeroplane

the goods are imported in accordance with either subregulation 5A(2) or paragraph 5(2)(b) of the CPI Regulations

the person must not supply the goods to another person (receiver) unless all of the following apply:

(a) the receiver was on board the same ship or aeroplane as the person;

(b) the goods are supplied for use in connection with the treatment of the receiver by the person;

(c) the receiver is under the care of the person

3

imported vaping goods

a person who has entered Australia on board a ship or aeroplane as part of a visiting group

the importation of the goods by the person is approved under subregulation 5A(5) of the CPI Regulations

all of the following:

(a) the goods must not be supplied to, or used in the treatment of, a person who is not a member of the visiting group;

(b) any portion of the goods that is unused at the end of the visit must be destroyed or removed from Australia;

(c) the person must:

(i) carry a list, written in English, of the quantity and nature of the goods imported; and

(ii) keep a record of the use of the goods while the group is in Australia

7

one or more of the following:

(a) notified vaping goods, other than goods that contain a substance included in a Schedule to the current Poisons Standard;

(b) therapeutic cannabis vaping goods

a person engaged in the business of importation or supply

all of the following:

(b) the goods are possessed by the person for the sole purpose of supplying the goods to a permitted recipient or a permitted supplier (receiver);

(c) in the case of goods mentioned in paragraph (a) of column 2—the goods are supplied by the person to a receiver;

(d) in the case of goods mentioned in paragraph (b) of column 2 that are included in the Register—the goods are supplied by the person to a receiver;

(e) in the case of goods mentioned in paragraph (b) of column 2 that are not included in the Register—the goods are supplied by the person to a receiver who is not a person engaged in the business of wholesale supply

all of the following:

(a) the goods must only be supplied to a receiver in accordance with a written agreement between the person and the receiver;

(b) the goods must be stored:

(i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and

(ii) in an area the person reasonably believes a member of the public could not access without permission from the person;

(c) the person must keep and maintain a record of all goods in the person’s possession, including:

(i) the amount or quantity of goods; and

(ii) a description of the goods;

(d) during transportation:

(i) the person must not leave the goods unattended, other than in a secure area; and

(ii) the person must take all reasonable steps to ensure that the goods are stored and transported in accordance with the instructions (if any) that are provided by the receiver, or that are specified on the label of the goods;

(e) the goods must be delivered to the street address stated in the written agreement referred to in paragraph (a);

(f) the person must not leave the goods at the street address unless the person obtains a written receipt for the delivery of the goods from the receiver, or a person purportedly acting on behalf of, the receiver;

(g) the person must retain, for a period of no less than 12 months after the day on which supply of the goods occurs:

(i) the written receipt, or a copy of the written receipt; and

(ii) a description of the goods (including the amount or quantity of goods) delivered; and

(iii) the written agreement, or a copy of the written agreement

8

nicotine in solution

a person who is the holder of a licence under Part 3-3 of the Act (relevant licence holder) that authorises the manufacture of vaping goods

the goods were manufactured by the relevant licence holder in Australia

all of the following:

(a) the goods must be manufactured in compliance with the licence of the relevant licence holder;

(b) the goods may only be supplied by the licence holder to another person who is the holder of a Part 3-3 licence that authorises the manufacture of vaping goods

9

goods that are or contain a vaping substance that is a medicinal cannabis product or a medicine that contains synthetic cannabis

a person who is:

(a) the holder of a licence and permit granted under subregulation 5(5) of the CPI Regulations that applies to the vaping goods; or

(b) the holder of a licence under Part 3-3 of the Act

the goods are:

(a) imported in accordance with paragraphs 5(1)(a) to (d) of the CPI Regulations; or

(b) manufactured in Australia under a licence granted under Part 3-3 of the Act

all of the following:

(a) the goods may only be supplied to a permitted health practitioner;

(c) if the goods contain a substance included in Schedule 4 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and supply of a substance to which Schedule 4 to the current Poisons Standard applies;

(d) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and supply of a substance to which Schedule 8 to the current Poisons Standard applies

10

one or more of the following:

(a) notified vaping goods;

(b) therapeutic cannabis vaping goods;

(c) goods that are or contain a vaping substance that is a medicinal cannabis product or a medicine that contains synthetic cannabis

a transport business

all of the following:

(b) the person obtains or receives the goods from another person (sender) who is:

(i) a person in relation to whom item 6 of Schedule 1 to this Determination applies; or

(ii) a person in relation to whom item 7, 8 or 9 of this Schedule applies; or

(iii) a permitted supplier or a permitted importer; or

(iv) a sponsor, or a principal investigator, of a clinical trial involving the goods;

(c) the person possesses the goods for the sole purpose of transporting the goods to a permitted supplier, a permitted recipient or a permitted exporter (receiver);

(d) the person delivers the goods to the receiver in accordance with a written agreement between the person and a sender or receiver

all of the following:

(a) the person must not supply the goods other than to another person that the person reasonably believes is the receiver identified in the written agreement referred to in paragraph (d) of column 4, or an agent or employee of the receiver;

(b) while the goods are in the person’s possession:

(i) the person must possess evidence of the written agreement referred to in paragraph (d) of column 4; and

(ii) the person must keep and maintain a record of all goods in the person’s possession, including:

(A) the amount or quantity of goods; and

(B) a description of the goods;

(ba) if the goods contain a substance included in Schedule 4 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the supply, possession and transportation of a substance to which Schedule 4 to the current Poisons Standard applies;

(c) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the supply, possession and transportation of a substance to which Schedule 8 to the current Poisons Standard applies;

(d) the goods must be stored:

(i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and

(ii) in an area the person reasonably believes a member of the public could not access without permission from the person;

(e) during transportation:

(i) the person must not leave the goods unattended, other than in a secure area; and

(ii) the person must take all reasonable steps to ensure that the goods are stored and transported in accordance with the instructions (if any) that are provided by the receiver, or that are specified on the label of the goods;

(f) the goods must be delivered to the street address stated on the packaging of the goods or in the written agreement referred to in paragraph (d) of column 4;

(g) the person must not leave the goods at the street address unless the person obtains a written receipt for the delivery of the goods from the receiver or a person purportedly acting on behalf of the receiver;

(h) the person must retain, for a period of no less than 12 months after the day on which delivery of the goods occurs:

(i) the written receipt, or a copy of the written receipt; and

(ii) a description of the goods (including the amount or quantity of goods) delivered; and

(iii) the written agreement, or a copy of the written agreement

11

vaping goods

a transport business

all of the following:

(b) while in possession—the goods are possessed by the person for the sole purpose of delivering the goods to an authorised disposer;

(c) in the course of supply—

(i) delivery is in accordance with a written agreement between the person and:

(A) the authorised disposer; or

(B) a third party who possesses the goods that the person reasonably believes is engaging the person’s transportation services to facilitate the lawful destruction of the goods; and

(ii) the person reasonably believes that the authorised disposer will lawfully destroy the goods

all of the following:

(a) while the goods are in the person’s possession:

(i) the person must possess evidence of the written agreement referred to in paragraph (c) of column 4; and

(ii) the person must keep and maintain a record of all goods in the person’s possession, including:

(A) the amount or quantity of goods; and

(B) a description of the goods;

(b) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the supply, possession and transportation of a substance to which Schedule 8 to the current Poisons Standard applies;

(c) the goods must be stored:

(i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and

(ii) in an area the person reasonably believes a member of the public could not access without permission from the person;

(d) during transportation:

(i) the person must not leave the goods unattended, other than in a secure area; and

(ii) the person must take all reasonable steps to ensure that the goods are stored and transported in accordance with the instructions (if any) that are provided by the authorised disposer, or that are specified on the label of the goods;

(e) the goods must be delivered to the street address stated on the packaging of the goods or in the written agreement referred to in paragraph (c) of column 4;

(f) the person must not leave the goods at the street address unless the person obtains a written receipt for the delivery of the goods from the authorised disposer;

(g) the person must retain, for a period of no less than 12 months after the day on which delivery of the goods occurs:

(i) the written receipt, or a copy of the written receipt; and

(ii) a description of the goods (including the amount or quantity of goods) delivered; and

(iii) the written agreement, or a copy of the written agreement

12

one or more of the following:

(a) therapeutic cannabis vaping goods;

(b) goods that are or contain a vaping substance that is a medicinal cannabis product or a medicine that contains synthetic cannabis

a permitted health practitioner

all of the following:

  1.      the goods are:

(i) registered goods; or

(ii) included in the Register; or

(iii) approved for supply under subsection 19(1) or 41HB(1) of the Act for use in the treatment of another person; or

(iv) authorised for supply under subsection 19(5), 19(7A), 41HC(1) or 41HC(6) of the Act; or

(v) exempt under regulation 12A of the Regulations; or

(vi) exempt under regulation 7.2 of the MD Regulations;

  1.     while in possession—the goods are possessed by the health practitioner for the sole purpose of supply to:

(i) an ultimate consumer of the goods; or

(ii) a person who the health practitioner reasonably believes is lawfully obtaining the goods on behalf of the ultimate consumer;

  1.      in the course of supply—the goods are supplied by the health practitioner to:

(i) an ultimate consumer of the goods; or

(ii) a person who the health practitioner reasonably believes is lawfully obtaining the goods on behalf of the ultimate consumer

all of the following:

(aa) if the goods contain a substance included in Schedule 4 to the current Poisons Standard—the health practitioner must comply with all applicable laws of the State or Territory that apply to the possession and supply by a health practitioner of a substance to which Schedule 4 to the current Poisons Standard applies;

  1.      if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the health practitioner must comply with requirements under the law of the relevant State or Territory that apply to the possession and supply by a health practitioner of a substance to which Schedule 8 to the current Poisons Standard applies;
  2.     the person must store the goods in a part of their premises to which the public does not have access

13

vaping goods

one or more of the following:

(a) the sponsor of the goods;

(b) the sponsor, or principal investigator, of the clinical trial

all of the following:

(b) the goods are:

(i) approved for supply under subsection 19(1) or 41HB(1) of the Act for use solely for experimental purposes in humans; or

(ii) exempt from the operation of Division 3 of Part 4-11 of the Act under item 2.3 of Schedule 4 of the MD Regulations; or

(iii) exempt from the operation of Part 3-2 of the Act under item 3 of Schedule 5A of the Regulations;

(c) the goods are possessed by the person for the sole purpose of supply to:

(i) if the person is the sponsor of the goods—the clinical trial sponsor; or

(ii) if the person is the sponsor, or principal investigator, of the clinical trial—a participant enrolled in the trial

all of the following:

(a) the vaping goods must only be supplied to:

(i) if the person is the sponsor of the goods—the clinical trial sponsor; or

(ii) if the person is the sponsor, or principal investigator, of the clinical trial—a participant enrolled in the trial;

(b) the person must comply with any condition imposed on the person in relation to the approval or exemption;

(c) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession, testing and supply of a substance to which Schedule 8 to the current Poisons Standard applies

14

vaping goods

the following persons:

(a) an authority; or

(b) an agent or employee of an authority

all of the following:

(a) the vaping goods are possessed or supplied by the person for the purpose of facilitating, or in connection with, one or more of the following:

(i) an investigation as to whether the applicable laws of the Commonwealth, a State or a Territory have been complied with;

(ii) proceedings in respect of which the vaping goods may afford evidence;

(iii) surrender, seizure, forfeiture, transportation, storage, destruction or disposal of the vaping goods;

(iv)  bona fide medical or scientific research or testing of vaping goods;

(b) in the course of supply—the person reasonably believes that:

(i) the recipient can lawfully possess the vaping goods under the Act and all other applicable laws of the Commonwealth, a State or a Territory; and

(ii) the vaping goods will not be used by any person;

(c) if the vaping goods are possessed or supplied by an agent or employee of an authority—the agent or employee is acting solely in their official capacity

 

15

vaping goods

a person who is:

  1. a party to a contract with an authority to transport, store, destroy or dispose of vaping goods; or
  2. subcontracted by a person specified in paragraph (a) to provide services under that contract; or
  3. an agent or employee of a person specified in paragraphs (a) or (b)

all of the following:

(a) the vaping goods are possessed or supplied by the person for the sole purpose of performance of the contract;

(b) in the course of supply—the person reasonably believes that:

(i) the recipient can lawfully possess the vaping goods under the Act and all other applicable laws of the Commonwealth, a State or a Territory; and

(ii) the vaping goods will not be used by any person;

(c) if the vaping goods are possessed or supplied by a person specified in paragraph (c) of column 3—the person is acting solely in their capacity as an employee or agent

 

16

vaping goods that are therapeutic goods

a person who is:

(a) the sponsor of the goods; or

(b) the wholesaler of the goods; or

(c) a permitted manufacturer

all of the following:

(a) the possession or supply of the goods occurs within 6 months of one of the following:

(i) the date a sponsor notice is withdrawn;

(ii) the date a cease supply determination is made;

(iii) the date the goods cease to be registered, listed or included in the Register, or are suspended from the Register;

(b) the goods are possessed or supplied by the person for the sole purpose of:

(i) destroying or disposing of the goods; or

(ii) supplying to an authorised disposer for the goods to be disposed of or destroyed; or

(iii) carrying out a further step in the manufacture of the goods; or

(iv) supplying to a permitted manufacturer

all of the following:

(a) the person must keep evidence that records:

(i) the quantity in the person’s possession or that the person has supplied; and

(ii) the date of the possession or supply; and

(iii) who the goods were supplied to (if applicable); and

(iv) the destruction or disposal of the goods (if applicable); and

(v) the carrying out of a further step in the manufacture of the goods (if applicable);

(b) where subparagraph (b)(iii) in column 4 applies—the further step in the manufacture must be in accordance with Part 3-3 of the Act, unless the goods are, or the person is, exempt from the operation of that Part

17

vaping goods that are registered, listed or included in the Register

a person who obtains the goods in the course of their exportation business

the goods are possessed or supplied by the person for the sole purpose of exporting the goods

the person must keep evidence that records the circumstances of the exportation and the volume of the goods exported

18

vaping goods

a pharmacy, hospital or other healthcare facility

all of the following:

(a) the goods were provided to the person for the purpose of disposal;

(b) the goods are possessed by the person for the sole purpose of destroying or disposing of the goods;

(c) the goods are supplied to:

(i) an authorised disposer for the goods to be disposed of or destroyed; or

(ii) a transport business for the sole purpose of delivering the goods to an authorised disposer

all of the following:

(a) the person must keep evidence that records the supply to the authorised disposer or transport business;

(b) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and supply of a substance to which Schedule 8 to the current Poisons Standard applies

19

vaping goods that are therapeutic goods

a pharmacy, hospital or other healthcare facility

all of the following:

(a) the goods are not suitable for supply to a patient, or the person wants to return the goods;

(b) the goods are supplied to:

(i) the sponsor of the goods or a person engaged in the business of wholesale supply of therapeutic goods, for the sole purpose of returning the goods; or

(ii) a transport business for the sole purpose of delivering the goods to the sponsor of the goods or a person engaged in the business of wholesale supply of therapeutic goods

all of the following:

(a) the person must keep evidence that records the circumstances of the supply of the goods;

(b) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and supply of a substance to which Schedule 8 to the current Poisons Standard applies

20

vaping goods that are therapeutic goods

a person engaged in the business of wholesale supply of therapeutic goods

all of the following:

(a) the goods were returned to the person from a pharmacy, hospital or other healthcare facility;

(b) the goods are supplied to:

(i) the sponsor of the goods for the sole purpose of either destroying or disposing of the goods, or carrying out a further step in the manufacture of the goods; or

(ii) a transport business for the sole purpose of delivering the goods to the sponsor of the goods

the person must keep evidence that records the following (as applicable):

(a) the circumstances of the supply of the goods;

(b) the destruction or disposal of the goods,

(c) the carrying out of a further step in the manufacture of the goods

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024

30 June 2024

(F2024L00847)

1 July 2024

Therapeutic Goods (Vaping Goods—Possession and Supply) Amendment Determination 2024

15 July 2024

(F2024L00890)

16 July 2024

Therapeutic Goods (Vaping Goods—Possession and Supply) Amendment Determination (No. 2) 2024

30 Sep 2024

(F2024L01252)

1 Oct 2024

Therapeutic Goods (Vaping Goods—Possession and Supply) Amendment Determination (No. 3) 2024

28 Nov 2024

(F2024L01541)

29 Nov 2024

Therapeutic Goods (Vaping Goods—Possession and Supply) Amendment Determination 2025

11 Mar 2025

(F2025L00339)

12 Mar 2025

Therapeutic Goods (Vaping Goods—Possession and Supply) Amendment Determination (No. 2) 2025

19 Dec 2025

(F2025L01619)

20 Dec 2025

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2……………………………….

rep LA s 48D

s 4……………………………….

am F2024L00890; F2025L00339; F2025L01619

Schedule 1………………………

am F2024L00890; F2024L01252; F2024L01541; F2025L00339; F2025L01619

Schedule 2………………………

am F2024L00890; F2024L01252 (Sch 1 item 34 md not incorp to Sch 2 (table item 9, column 5, paragraph (c))); F2024L01541; F2025L00339; F2025L01619

 

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.