Document ID: chunk:federal_register_of_legislation:F2023L01667:clause:1_3
Version: federal_register_of_legislation:F2023L01667
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3001–5053

3  Regulation 2
Insert:
therapeutic vaping device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.
therapeutic vaping device accessory has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.
therapeutic vaping good means:
 (a) a therapeutic vaping device; or
 (b) a therapeutic vaping device accessory; or
 (c) a therapeutic vaping substance; or
 (d) a therapeutic vaping substance accessory.
therapeutic vaping kit means a kit, covered by subsection 7B(1) of the Act, that:
 (a) contains one or more therapeutic vaping substances or therapeutic vaping substance accessories; and
 (b) does not contain any other goods.
therapeutic vaping pack means a primary pack that:
 (a) contains 2 or more therapeutic vaping goods, including at least one therapeutic vaping device or therapeutic vaping device accessory; and
 (b) does not contain any other goods.
therapeutic vaping substance means a therapeutic good that is a liquid or other substance designed or intended for use in or with a vaping device.
therapeutic vaping substance accessory means a therapeutic good that is a cartridge, capsule, pod or other vessel:
 (a) that contains a therapeutic vaping substance (whether or not the vessel is designed or intended to be refilled); and
 (b) that is designed or intended for use in or with a therapeutic vaping device.
vaping device means:
 (a) a device 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
 (b) a device to which paragraph (a) would apply were the device not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
Note 1: Examples of devices that are not vaping devices include the following:
(a) humidifiers;
(b) diffusers;
(c) nebulisers;
(d) inhalers.
Note 2: To avoid doubt, therapeutic vaping substance accessories and therapeutic vaping device accessories are not devices to which paragraph (b) applies.