Document ID: chunk:federal_register_of_legislation:F2024L00846:clause:5_4:p1
Version: federal_register_of_legislation:F2024L00846
Segment Type: clause
Provision Reference: sch 5 cl 4 (pt 1/2)
Character Range: 2588–5504

4  Definitions
Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:
               (a) advertise;
               (b) Commonwealth authority;
               (c) corresponding State law;
               (d) Secretary;
               (e) supply;
(f) therapeutic goods;
(g) vaping goods.
 (1) In this instrument:
Act means the Therapeutic Goods Act 1989.
authority means:
 (a) a Commonwealth authority; or
 (b) a department of State of the Commonwealth or a State; or
 (c) a department or administrative unit of the Public Service of a Territory; or
 (d) an authority of the Commonwealth, a State or Territory;
that has functions relating to vaping goods, therapeutic goods, health, revenue or law enforcement.
Note: Examples of authorities include the Department of Home Affairs (including the Australian Border Force), the Australian Criminal Intelligence Commission, the Australian Federal Police, the Australian Commission on Safety and Quality in Health Care, the Australian Taxation Office, the Queensland Police Service, the New South Wales Ministry of Health and HealthShare Victoria.
customs legislation means the Customs Act 1901 and all regulations made under that Act.
MD Regulations means the Therapeutic Goods (Medical Devices) Regulations 2002.
relevant therapeutic vaping good means one or more of the following:
 (a) a therapeutic vaping good;
 (b) a therapeutic cannabis vaping good;
 (c) a therapeutic vaping kit;
 (d) goods in a therapeutic vaping pack.
sample has the same meaning as in the TG regulations.
therapeutic cannabis vaping good has the same meaning as in the MD Regulations.
therapeutic goods information has the meaning given by subsection 61(1) of the Act.
therapeutic vaping kit has the same meaning as in the TG Regulations.
therapeutic vaping pack has the same meaning as in the TG Regulations.
TG Regulations means the Therapeutic Goods Regulations 1990.
vaping goods information has the meaning given by subsection 61(1) of the Act.
 (2) A reference in this instrument to a sample includes a sample (or part of a sample) taken, collected or otherwise obtained:
 (a) under the Act or a corresponding State law; or
 (b) under regulations made under the Act (including the TG Regulations and MD Regulations) or a corresponding State law; or
 (c) by, or at the request or on the instruction of, a Commonwealth officer, including in the exercise of the executive power of the Commonwealth; or
 (d) by, or at the request or on the instruction of, an officer of a State or Territory exercising a power or function under the Act, a corresponding State law or regulations made under the Act or a corresponding State law.

 (3) A reference in this instrument to testing includes examination, analysis or testing conducted or otherwise carried out:
 (a) under the Act or a corresponding State law; or
 (b) under regulations