insert
(4) Subsection (1) does not apply if the holder of a retail tobacconist's licence—
(a) operates a community pharmacy; and
(b) obtains a personal vaporiser or personal vaporiser related product—
(i) that is a medicine; and
(ii) from someone who is not the holder of a wholesale tobacco merchant's licence.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
(5) In this section:
"community pharmacy"—see the Medicines, Poisons and Therapeutic Goods Act 2008
, dictionary.
"medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008
Part 4 Transplantation and Anatomy Act 1978