Document ID: chunk:federal_register_of_legislation:F2024L01252:clause:1_4:p1
Version: federal_register_of_legislation:F2024L01252
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/2)
Character Range: 4245–9984

4  vaping goods  a person who:                                                                                                                                      all of the following:                                                                                                                                                      all of the following:
                  (a) obtained the goods in the course of their importation, exportation, wholesale supply, retail supply, transportation or storage, business; or    (a) the possession and supply occurs on or before 30 November 2024;                                                                                                        (a) the relevant person must, if requested to do so by the Department, provide any information that the Department requires about:
                  (b) manufactured the goods in Australia                                                                                                             (b) immediately before 1 July 2024:                                                                                                                                          (i) the goods; and
                                                                                                                                                                        (i) the goods were in the possession or control of:                                                                                                                        (ii) the relevant person's possession or supply of the goods, and any other persons involved in such activities; and
                                                                                                                                                                         (A) a person mentioned in column 3 of this item (relevant person); or                                                                                                     (iii) any other matter that the Department determines is relevant;
                                                                                                                                                                         (B) another person to whom the relevant person had supplied the goods, in circumstances where the other person was not the ultimate consumer of the goods; and          (b) if the goods contain a substance included in Schedule 8 to the current Poisons Standard—the relevant person must comply with all applicable laws of the State or Territory that apply to the possession and supply of a substance to which Schedule 8 to the current Poisons Standard applies;
                                                                                                                                                                        (ii) the importation or manufacture, supply, and possession of the goods was done in accordance with all applicable laws of the Commonwealth, a State or a Territory;    (c) the goods must be stored:
                                                                                                                                                                      (c) the relevant person:                                                                                                                                                     (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
                                                                                                                                                                        (i) possesses at least 20 times the commercial quantity of the kind of vaping goods; and                                                                                   (ii) in an area the relevant person reasonably believes a member of the public could not access without permission from the person;
                                                                                                                                                                        (ii) possesses the goods for the sole purpose of surrendering the goods to the Department; and                                                                           (d) the relevant person must keep and maintain a record of all goods in the person's possession, including:
                                                                                                                                                                        (iii) notified the Department, before 1 September 2024, at vapereturn@health.gov.au that the relevant person intends to surrender the goods to the Department;             (i) the amount or quantity of goods; and
                                                                                                                                                                      (d) the goods are supplied to the Department by the relevant person for the purpose of surrender in accordance with a direction of an officer of the Department              (ii) a description of the goods;
                                                                                                                                                                                                                                                                                                                                                 (e) the relevant person must supply the goods in accordance with a direction of an officer of the Department (including any direction