Document ID: chunk:federal_register_of_legislation:F2025C00211:reg:5a:p1
Version: federal_register_of_legislation:F2025C00211
Segment Type: reg
Provision Reference: reg 5A (pt 1/6)
Character Range: 112708–115370

5A  Importation of vaping goods

Prohibition on importation of vaping goods
 (1) Subject to subregulations (2) to (4), the importation into Australia of vaping goods is prohibited unless:
 (a) the person importing the vaping goods is the holder of:
 (i) a licence to import the vaping goods granted by a prescribed authority under this regulation; and
 (ii) a written permission to import the vaping goods granted by a prescribed authority under this regulation; and
 (b) the permission, or a copy of the permission, is produced to the Collector; and
 (c) the importation is by means other than post.
Note: A number of expressions used in this regulation are defined in subregulation (19), including the following:
(a) disposable vape;
(b) vape;
(c) vape accessory;
(d) vape substance;
(e) vaping goods.
 (2) Subregulation (1) does not apply to the importation of vaping goods by a person (the first person) on board a ship or aircraft, if:
 (a) the vaping goods are presented by the first person as being for use in connection with the treatment of the first person or one or more other persons on board the ship or aircraft who are under the care of the first person; and
 (b) the vaping goods do not include more than the following for each person referred to in paragraph (a):
 (i) 2 vapes;
 (ii) 20 vape accessories that are cartridges, capsules or pods;
 (iii) 200 ml of vape substances in liquid form.
 (3) Subregulation (1) does not apply to:
 (a) an importation that meets the requirements of:
 (i) paragraphs 5(1)(a) to (d); or
 (ii) paragraph 5(2)(b); or
 (b) an importation of a disposable vape or a vape accessory containing a substance, if the importation of that substance meets the requirements of:
 (i) paragraphs 5(1)(a) to (d); or
 (ii) paragraph 5(2)(b).
 (4) Subregulation (1) does not apply to vaping goods in respect of the importation of which an approval is in force under subregulation (5).
 (5) The Minister may, by legislative instrument, approve the importation into Australia of vaping goods that meet one or more of the following:
 (a) the vaping goods are specified in, or included in a class of vaping goods specified in, the approval;
 (b) the vaping goods are imported in a form (including a concentration) specified in the approval;
 (c) the vaping goods are imported by a person, or class of persons, specified in the approval;
 (d) the vaping goods do not exceed a value or amount specified in the approval;
 (e) the vaping goods are imported in a way, or by a means, specified in the approval.

Applications for licences and permissions
 (6) An applicant for a licence or a permission to import vaping goods must:
 (a) make