Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_41qb:p3
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 41QB (pt 3/4)
Character Range: 24554–27057

in relation to those goods.

Exceptions—retail supply chain
 (9) This subsection applies in relation to the supply 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 section 41R.
 (10) This subsection applies in relation to the supply of the vaping goods by the person if:
 (a) the person is a pharmacist; or
 (b) the person is a medical practitioner or nurse practitioner who is the holder of a licence, or is otherwise authorised, to supply one or more substances included in Schedule 4 to the current Poisons Standard under a law of the State or Territory in which the supply occurs.
 (11) This subsection applies in relation to the supply of the vaping goods by the person if:
 (a) the supply is:
 (i) to another person for use by that person for smoking cessation, management of nicotine dependence or another indication determined by the Minister under section 41RA; or
 (ii) to another person, who is the carer of a third person, for use by the third person for smoking cessation, management of nicotine dependence or another indication determined by the Minister under section 41RA; and
 (b) if the vaping goods are, or contain, a vaping substance—the vaping substance is in final dosage form; and
 (c) the supply is:
 (i) in accordance with this Act (apart from this section); and
 (ii) consistent with the person's authority to supply the vaping goods under a law of the State or Territory in which the supply occurs.

Meaning of final dosage form
 (12) For the purposes of paragraph (11)(b), a vaping substance is in final dosage form if the vaping substance is in a form that can be administered to a person without any change or modification (other than vaporisation).