Document ID: chunk:federal_register_of_legislation:F2025C00211:reg:5a:p5
Version: federal_register_of_legislation:F2025C00211
Segment Type: reg
Provision Reference: reg 5A (pt 5/6)
Character Range: 122597–125325

constituent components fixed permanently in place and that is not designed or intended to be disassembled; and
 (c) that:
 (i) is pre‑filled with a vape substance; or
 (ii) is designed or intended to be supplied pre‑filled with a vape substance; and
 (d) that is not designed or intended to be refilled.
Minister means the Minister administering the Therapeutic Goods Act 1989.
prescribed authority means any of the following:
 (a) the Secretary;
 (b) an authorised officer;
 (c) an authorised person.
registered for GST means registered under the GST Act.
Secretary means the Secretary of the Department.
vape means:
 (a) a device (whether or not filled with a vape substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or
 (b) a device to which paragraph (a) would apply were the device not incomplete, damaged, temporarily or permanently inoperable, or unfinished; or
 (c) a device the presentation of which includes an express or implied representation that the device is a device of the kind referred to in paragraph (a) or (b).
Note 1: Examples of devices that are not vapes include the following:
(a) humidifiers;
(b) diffusers;
(c) nebulisers;
(d) inhalers.
Note 2: This definition is affected by subregulation (20).
vape accessory means:
 (a) a cartridge, capsule, pod, vial, dropper bottle, drip bottle or other vessel:
 (i) that contains, or that is designed or intended to contain, a vape substance; and
 (ii) whether or not integrated with other components of a vape; or
 (b) a vessel the presentation of which includes an express or implied representation that the vessel is a vessel of the kind referred to in paragraph (a).
Note: This definition is affected by subregulation (20).
vape substance means:
 (a) a liquid or other substance designed or intended for use in a vape; or
 (b) nicotine in solution in any concentration, including in salt or base form; or
 (c) a substance the presentation of which includes an express or implied representation that the substance is a substance of the kind referred to in paragraph (a).
Note: This definition is affected by subregulation (20).
vaping goods means:
 (a) a vape; or
 (b) a vape accessory; or
 (c) a vape substance.
Note: A good may be covered by more than one paragraph of the definition.
 (20) For the purposes of paragraph (c) of the definition of vape, paragraph (b) of the definition of vape accessory, and paragraph (c) of the definition of vape substance, in subregulation (19):
 (a) the presentation of a device, vessel or substance includes matters in relation to:
 (i) the name of the device, vessel or