Document ID: chunk:federal_register_of_legislation:F2024C01193:reg:5
Version: federal_register_of_legislation:F2024C01193
Segment Type: reg
Provision Reference: reg 5
Character Range: 32693–43841

5                                                                       vaping goods                                                                                                                            a person who holds a licence or written authorisation issued under a law of a State or Territory which authorises the person to destroy or dispose of waste  all of the following:                                                                                                                                                                               all of the following:
                                                                                                                                                                                                                                                                                                                                                                               (a) the possession occurs on or before 31 January 2025;                                                                                                                                             (a) at all times while the goods are in the person's possession, the goods must be clearly marked for destruction;
                                                                                                                                                                                                                                                                                                                                                                               (b) the person possesses the goods for the sole purpose of lawful destruction by the person or an agent or employee of the person;                                                                  (b) the goods must be destroyed as soon as practicable;
                                                                                                                                                                                                                                                                                                                                                                               (c) the person did not provide any payment or other consideration for the goods                                                                                                                     (c) the goods must be stored:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (i) in an area, or a receptacle in an area, that is locked or otherwise secured in a way that is designed to prevent access to the area or receptacle by a person who is not authorised to access the area or receptacle; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (ii) in an area a member of the public could not access without permission from the person;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   (d) the person must, for the period in which the goods are in the person's possession, keep and maintain a record of:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (i) the amount or quantity of the goods; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (ii) a description of the goods;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   (e) the person must, for at least 12 months after the day on which the goods are delivered, retain a copy of the receipt provided by the person to the person who delivered the goods;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   (f) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the person must comply with all applicable laws of the State or Territory that apply to the possession and destruction of a substance to which Schedule 8 to the current Poisons Standard applies;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   (g) the person must, for at least 12 months after the day on which the goods are destroyed, retain a record of:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (i) the date the goods were destroyed; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (ii) the amount or quantity of goods destroyed; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (iii) a description of the goods destroyed; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (iv) the method of destruction; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (v) the name and signature of the person recording the information