Document ID: chunk:federal_register_of_legislation:F2024C01193:reg:6:p1
Version: federal_register_of_legislation:F2024C01193
Segment Type: reg
Provision Reference: reg 6 (pt 1/6)
Character Range: 43841–57422

6                                                                       vaping goods                                                                                                                            a person engaged in bona fide medical or scientific research or testing of vaping goods                                                                      all of the following:                                                                                                                                                                               all of the following:
                                                                                                                                                                                                                                                                                                                                                                               (a) the possession occurs on or before 31 March 2025;                                                                                                                                               (a) the goods must not be used:
                                                                                                                                                                                                                                                                                                                                                                               (b) the person is:                                                                                                                                                                                    (i) for any purpose other than medical or scientific research or testing; and
                                                                                                                                                                                                                                                                                                                                                                                 (i) a laboratory accredited by the National Association of Testing Authorities; or                                                                                                                  (ii) in or on humans;
                                                                                                                                                                                                                                                                                                                                                                                 (ii) a laboratory or testing facility operated by a university or hospital; or                                                                                                                    (b) the goods must be stored:
                                                                                                                                                                                                                                                                                                                                                                                 (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;           (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
                                                                                                                                                                                                                                                                                                                                                                               (c) the medical or scientific research or testing does not involve research or testing in or on humans;                                                                                               (ii) in an area the person reasonably believes a member of the public could not access without permission from the person;
                                                                                                                                                                                                                                                                                                                                                                               (d) the goods were lawfully:                                                                                                                                                                        (c) the person must keep and maintain a record of all goods in the person's possession, including:
                                                                                                                                                                                                                                                                                                                                                                                 (i) imported into, or manufactured in, Australia; and                                                                                                                                               (i) the amount or quantity of goods; and
                                                                                                                                                                                                                                                                                                                                                                                 (ii) supplied to the person;                                                                                                                                                                        (ii) a description of the goods;
                                                                                                                                                                                                                                                                                                                                                                               (e) the medical or scientific research or testing occurs, or will occur, solely in a laboratory or facility referred to in paragraph (b)                                                            (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
   1                                                                                                                                 vaping goods                                                                                                                                 an individual                                                                                                                                                                                                                                       all of the following:                                                                                                                                                                                                                                                                        all of the