Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_41qc:p2
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 41QC (pt 2/3)
Character Range: 29530–32176

in Australia; and
 (b) the quantity is 1,000 times the commercial quantity, or more, of that kind of vaping goods.
Penalty: 420 penalty units.

Civil penalty provision
 (10) A person contravenes this subsection if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is at least the commercial quantity of that kind of vaping goods.
Maximum civil penalty:
 (a) for an individual—7,000 penalty units; and
 (b) for a body corporate—70,000 penalty units.
 (11) A person who contravenes subsection (10) in relation to a kind of vaping goods commits a separate contravention of that subsection in respect of each unit of the quantity of vaping goods of that kind possessed by the person in Australia.
Note: For unit of vaping goods, see subsection 3(1).

Exception—possession for personal use
 (11A) Subsections (1) to (3) and (10) and (11) do not apply in relation to the possession of a quantity of a kind of vaping goods by the person if:
 (a) the vaping goods have been lawfully supplied to the person; and
 (b) the vaping goods are for use by the person personally; and
 (c) the quantity is less than 5 times the commercial quantity of that kind of vaping goods.
Note: The person bears an evidential burden in relation to the matters in subsection (11A): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.

Exceptions—general
 (12) Subsections (1) to (11) do not apply if subsections (13) and (14) apply in relation to the possession of the vaping goods by the person.
Note: The person bears an evidential burden in relation to the matters in subsections (13) and (14): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.
 (13) This subsection applies in relation to the possession of the vaping goods by the person if:
 (a) the vaping goods are therapeutic goods that are entered on the Register; or
 (b) both of the following apply:
 (i) the vaping goods are therapeutic goods that are exempt goods under regulations made for the purposes of subsection 18(1) or an exempt device under regulations made for the purposes of subsection 41HA(1), and the sponsor has given the Secretary a notice in compliance with the exemption;
 (ii) the vaping goods are not the subject of a determination by the Secretary, published on the Department's website, that the supply of the goods be stopped or should cease because the Secretary is satisfied that the supply of the goods compromises public health and safety or the goods do not conform with a standard applicable to the goods; or
 (c) the vaping goods are covered by a determination made by the Minister under