Document ID: chunk:federal_register_of_legislation:C2025C00142:section:9
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 9
Character Range: 30268–31732

9  Meaning of tobacco product

Basic definition
 (1) A tobacco product means the following designed or intended for human consumption or use:
 (a) processed tobacco in any form;
 (b) a product that contains tobacco as an ingredient.
Note 1: Loose tobacco for roll‑your‑own cigarettes is an example of processed tobacco. A cigar or cigarette is an example of a product that contains tobacco as an ingredient.
Note 2: An e‑cigarette product that contains tobacco is not treated as a tobacco product under this Act (see subsection (4)).
Note 3: Tobacco products and tobacco product accessories are together called regulated tobacco items (see definition in section 8).
 (2) To avoid doubt, a tobacco product includes those parts of the product that are not tobacco.
Example: A tobacco product that is a cigarette includes the paper, and any filter tip, in the manufactured product.

Certain wrappers excluded
 (3) A tobacco product does not include a wrapper for tobacco that is in the form of a sheet or tube made from or with tobacco.
Note: Such wrappers are treated as tobacco product accessories (see paragraph 10(1)(d)).

E‑cigarette products excluded
 (4) A tobacco product does not include an e‑cigarette product (even if the e‑cigarette product contains tobacco).

Certain therapeutic goods excluded
 (5) A tobacco product does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act.