Document ID: chunk:federal_register_of_legislation:F2023L01666:clause:1_5a:p3
Version: federal_register_of_legislation:F2023L01666
Segment Type: clause
Provision Reference: sch 1 cl 5A (pt 3/6)
Character Range: 7220–9873

the licence, whether or not the holder of the licence is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

Dealing with applications for permissions
 (12) A prescribed authority must not grant an applicant a permission to import vaping goods, unless:
 (a) the applicant is the holder of a licence granted under subregulation (1) to import the vaping goods; and
 (b) one or more of the following apply:
 (i) the vaping goods are included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989;
 (ii) the vaping goods meet the notification requirements in subregulation (13);
 (iii) the vaping goods are to be imported only for the purposes of supply or use for medical or scientific research and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for that purpose;
 (iv) the vaping goods are to be imported for a purpose specified for the goods by the Secretary under subregulation (14) and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for a purpose specified for the goods;
 (v) the vaping goods are vaping goods of a kind specified by the Secretary under subregulation (15).
 (13) For the purposes of subparagraph (12)(b)(ii), vaping goods meet the notification requirements in this subregulation, if:
 (a) for a vaping good that is a therapeutic cannabis vaping good within the meaning of the Therapeutic Goods (Medical Devices) Regulations 2002—a notice, in a form approved by the Secretary, has been given to the Secretary stating that the device:
 (i) complies with the essential principles (within the meaning of the Therapeutic Goods Act 1989); or
 (ii) is imported with the consent of the Secretary under section 41MA or 41MAA of that Act; or
 (b) for any other vaping goods:
 (i) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed "Conditions" of item 2.17 of Part 2 of Schedule 4 to the Therapeutic Goods (Medical Devices) Regulations 2002; or
 (ii) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed "Conditions" of item 2.18 of Part 2 of Schedule 4 to the Therapeutic Goods (Medical Devices) Regulations 2002; or
 (iii) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 15 of Schedule 5A to the Therapeutic Goods Regulations 1990; or
 (iv) a notice in relation to