Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_41qb:p2
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 41QB (pt 2/4)
Character Range: 22209–24792

the person:
 (i) is the holder of a licence and a permission, granted under regulations made for the purposes of section 50 of the Customs Act 1901, to import the vaping goods; or
 (ii) is otherwise approved under those regulations to import the vaping goods; or
 (b) the person is the holder of a licence in force under Part 3‑3 that authorises a step in the manufacture of the vaping goods; or
 (c) the person is the holder of a conformity assessment document that applies to the vaping goods; or
 (d) both of the following apply:
 (i) the person is a wholesaler 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;
 (ii) the supply occurs in accordance with the licence or authority; or
 (e) both of the following apply:
 (i) the Secretary has given the person a consent under subsection 41RC(1) to supply the vaping goods;
 (ii) the supply occurs in accordance with the consent; or
 (f) in the case of vaping goods that are covered by a determination made by the Minister under section 41R:
 (i) the person is specified in the determination, or is included in a class of persons specified in the determination, in relation to those goods; and
 (ii) the supply occurs in accordance with the determination.
 (8) This subsection applies in relation to the supply of the vaping goods by the person if:
 (a) the person (the recipient) to whom the vaping goods are supplied is the holder of a licence in force under Part 3‑3 of this Act that authorises a step in the manufacture of vaping goods; or
 (b) the recipient is a wholesaler, pharmacist, 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 recipient carries on a business, practises or is employed; or
 (c) the Secretary has given the recipient a consent under subsection 41RC(1) to supply the vaping goods; or
 (d) in the case of vaping goods that are covered by a determination made by the Minister under section 41R—the recipient is specified in the determination, or is included in a class of persons specified in the determination, 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)