Document ID: chunk:federal_register_of_legislation:F2024C01193:reg:6:p2
Version: federal_register_of_legislation:F2024C01193
Segment Type: reg
Provision Reference: reg 6 (pt 2/6)
Character Range: 54892–71411

See section 6.

   Specified vaping goods, persons, circumstances and conditions (if any)
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   Item                                                                                                                              Vaping goods                                                                                                                                 Persons                                                                                                                                                                                                                                             Circumstances                                                                                                                                                                                                                                                                                Conditions
   1                                                                                                                                 vaping goods                                                                                                                                 an individual                                                                                                                                                                                                                                       all of the following:                                                                                                                                                                                                                                                                        all of the following:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (a) the possession and supply occurs on or before 30 June 2025;                                                                                                                                                                                                                              (a) the person must not supply the goods other than to another person that the person reasonably believes:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (b) the amount of goods possessed by the person is less than 5 times the commercial quantity of the kind of vaping goods;                                                                                                                                                                      (i) is an authorised disposer; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (c) the goods are possessed by the person for the sole purpose of supplying the goods to an authorised disposer for destruction;                                                                                                                                                               (ii) will lawfully destroy the goods;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (d) the person is not engaged in, and has at no time after 1 July 2024 been engaged in, the commercial importation, exportation, manufacture, wholesale supply or retail supply of vaping goods                                                                                              (b) the person must not supply the goods in return for any payment or other consideration for the goods
   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 aircraft 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
   4                                                                                                                                 vaping goods                                                                                                                                 a person who:                                                                                                                                                                                                                                       all of the following:                                                                                                                                                                                                                                                                        all of the following:
                                                                                                                                                                                                                                                                                   (a) obtained the goods in the course of their importation, exportation, wholesale supply, retail supply, transportation or storage, business; or                                                                                                     (a) the possession and supply occurs on or before 31 January 2025;                                                                                                                                                                                                                           (b) if the goods contain a