New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Health (Tobacco) Amendment Bill
2024
Contents
Page
1 Name of Act 2
Commencement 2
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31 3
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act
2022 No 73 10
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209 18
Schedule 4 Amendment of Public Health (Tobacco) Act 2008 No 94 19
Schedule 5 Amendment of Smoke-free Environment Act 2000 No 69 24
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Public Health (Tobacco) Amendment Bill
2024
Act No , 2024
An Act to amend the Poisons and Therapeutic Goods Act 1966, the Medicines, Poisons and
Therapeutic Goods Act 2022, the Criminal Procedure Act 1986, the Public Health (Tobacco) Act
2008 and the Smoke-free Environment Act 2000 for particular purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Public Health (Tobacco) Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Public Health (Tobacco) Amendment Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
Schedule 1 Amendment of Poisons and Therapeutic Goods
Act 1966 No 31
[1] Section 4 Interpretation
Insert in alphabetical order in section 4(1)--
Australian Register of Therapeutic Goods, for Part 3A--see section 19.
commercial quantity, for Part 3A--see section 19.
conformity assessment document, for Part 3A--see section 19.
section 41R determination, for Part 3A--see section 19.
section 41RC consent, for Part 3A--see section 19.
sponsor, for Part 3A--see section 19.
vaping goods, for Part 3A--see section 19.
[2] Part 3A
Insert after Part 3--
Part 3A Vaping goods
Division 1 Preliminary
19 Definitions
In this part--
Australian Register of Therapeutic Goods means the Australian Register of
Therapeutic Goods kept under the Commonwealth therapeutic goods laws.
commercial quantity, of a kind of vaping goods, has the same meaning as in
the Commonwealth Act.
conformity assessment document has the same meaning as in the
Commonwealth Act.
section 41R determination means a determination made by the
Commonwealth Minister under the Commonwealth Act, section 41R
authorising the supply or possession of vaping goods.
section 41RC consent means a consent given by the Commonwealth Secretary
under the Commonwealth Act, section 41RC(1) to manufacture, supply or
possess vaping goods.
sponsor, in relation to therapeutic goods, has the same meaning as in the
Commonwealth Act.
vaping goods has the same meaning as in the Commonwealth Act.
Division 2 Regulation of supply and possession of vaping goods
20 Prohibition on supplying vaping goods
(1) A person who supplies vaping goods in New South Wales is guilty of an
offence.
Maximum penalty--7 years imprisonment or 14,000 penalty units, or both.
(2) A person who supplies vaping goods in New South Wales is guilty of a strict
liability offence.
Maximum penalty--560 penalty units.
(3) Subsections (1) and (2) do not apply if--
Page 3
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(a) subsections (4)-(6) apply in relation to the supply of the vaping goods
by the person, or
Note-- Subsections (4)-(6) together apply in relation to wholesale supply of
vaping goods.
(b) subsections (4), (7) and (8) apply in relation to the supply of the vaping
goods by the person.
Note-- Subsections (4), (7) and (8) together apply in relation to retail supply of
vaping goods.
(4) This subsection applies in relation to the supply of vaping goods by the person
if--
(a) the vaping goods are therapeutic goods included in the Australian
Register of Therapeutic Goods, or
(b) both of the following apply--
(i) the vaping goods are therapeutic goods--
(A) that are exempt goods under regulations made under the
Commonwealth Act, section 18(1) or an exempt device
under regulations made under the Commonwealth Act,
section 41HA(1), and
(B) in relation to which the sponsor has given the
Commonwealth Secretary a notice in compliance with the
exemption,
(ii) the vaping goods are not the subject of a determination by the
Commonwealth Secretary, published on the Commonwealth
Department's website, that the supply of the goods be stopped or
should be stopped because the Commonwealth Secretary is
satisfied that the supply of the goods compromises public health
and safety or the goods do not conform with a standard applicable
to the goods, or
(c) the vaping goods are covered by a section 41R determination.
(5) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the person is--
(i) the holder of a licence or permission, granted under regulations
made under the Customs Act 1901 of the Commonwealth, section
50 to import the vaping goods, or
(ii) otherwise approved under those regulations to import the vaping
goods, or
(b) the person is the holder of a licence under the Commonwealth Act, Part
3-3 that--
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(c) the person is the holder of a conformity assessment document that
applies to the vaping goods, or
(d) both of the following apply--
(i) the person is a wholesaler who is the holder of a licence or
authority, or is otherwise authorised, under this Act to supply one
or more substances included in the Poisons List, Schedule 3,
(ii) the supply is in accordance with the licence or authority, or
(e) both of the following apply--
Page 4
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(i) the person has been given a section 41RC consent to supply the
vaping goods,
(ii) the supply is in accordance with the consent, or
(f) if the vaping goods are covered by a section 41R determination--
(i) the person is specified in the determination, or is included in a
class of persons specified in the determination, in relation to the
vaping goods, and
(ii) the supply is in accordance with the determination.
(6) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the person (the recipient) to whom the vaping goods are supplied is the
holder of a licence under the Commonwealth Act, Part 3-3 that--
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(b) the recipient is a wholesaler, pharmacist, medical practitioner or nurse
practitioner who is the holder of a licence, or is otherwise authorised, to
supply one or more substances included in the Poisons List, Schedule 3
under a law of the State or Territory in which the recipient carries on a
business, practises or is employed, or
(c) the recipient has been given a section 41RC consent to supply the
vaping goods, or
(d) if the vaping goods are covered by a section 41R determination--the
recipient is specified in the determination, or is included in a class of
persons specified in the determination, in relation to the vaping goods.
(7) This subsection applies in relation to the supply of the vaping goods by the
person if the person is a pharmacist, medical practitioner or nurse practitioner.
(8) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the supply is--
(i) to another person for use by the other person for smoking
cessation, management of nicotine dependence or another
indication determined by the Commonwealth Minister under the
Commonwealth Act, section 41RA, or
(ii) to another person, who is the carer of a third person, for use by
the third person for smoking cessation, management of nicotine
dependence or another indication determined by the
Commonwealth Minister under the Commonwealth Act, section
41RA, and
(b) if the vaping goods are, or contain, a vaping substance--the vaping
substance is in final dosage form, and
(c) the supply is--
(i) apart from this section, otherwise in accordance with this Act,
and
(ii) consistent with the person's authority to supply the vaping goods
under a law of New South Wales.
(9) For the purposes of paragraph (8)(b), a vaping substance is in final dosage
form if the vaping substance is in a form that can be administered to a person
without any change or modification other than vaporisation.
Page 5
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
21 Prohibition on possession of vaping goods--commercial quantities
(1) A person is guilty of an offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least the commercial quantity, but less than 100 times
the commercial quantity, of the kind of vaping goods.
Maximum penalty--2 years imprisonment or 2,800 penalty units, or both.
(2) A person is guilty of a strict liability offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least the commercial quantity, but less than 100 times
the commercial quantity, of the kind of vaping goods.
Maximum penalty--330 penalty units.
(3) A person is guilty of an offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 100 times the commercial quantity, but less than
1,000 times the commercial quantity, of the kind of vaping goods.
Maximum penalty--4 years imprisonment or 8,400 penalty units, or both.
(4) A person is guilty of a strict liability offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 100 times the commercial quantity, but less than
1,000 times the commercial quantity, of the kind of vaping goods.
Maximum penalty--670 penalty units.
(5) A person is guilty of an offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 1,000 times the commercial quantity of the kind
of vaping goods.
Maximum penalty--7 years imprisonment or 14,000 penalty units, or both.
(6) A person is guilty of a strict liability offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 1,000 times the commercial quantity of the kind
of vaping goods.
Maximum penalty--1,170 penalty units.
(7) Subsections (1) and (2) do not apply in relation to the possession of the vaping
goods by the person if--
(a) the vaping goods have been lawfully supplied to the person, and
(b) the vaping goods are for use by the person personally, and
(c) the quantity of the vaping goods is less than 5 times the commercial
quantity of the kind of vaping goods.
(8) Subsections (1)-(6) do not apply if subsections (9) and (10) apply in relation
to the possession of the vaping goods by the person.
Page 6
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(9) This subsection applies in relation to the possession of the vaping goods by the
person if--
(a) the vaping goods are therapeutic goods included in the Australian
Register of Therapeutic Goods, or
(b) both of the following apply--
(i) the vaping goods are therapeutic goods--
(A) that are exempt goods under regulations made under the
Commonwealth Act, section 18(1) or an exempt device
under regulations made under the Commonwealth Act,
section 41HA(1), and
(B) in relation to which the sponsor has given the
Commonwealth Secretary a notice in compliance with the
exemption,
(ii) the vaping goods are not the subject of a determination by the
Commonwealth Secretary, published on the Commonwealth
Department's website, that the supply of the goods be stopped or
should be stopped because the Commonwealth Secretary is
satisfied that the supply of the goods compromises public health
and safety or the goods do not conform with a standard applicable
to the goods, or
(c) the vaping goods are covered by a section 41R determination.
(10) This subsection applies in relation to the possession of the vaping goods by the
person if--
(a) the person--
(i) is the holder of a licence or permission, granted under regulations
made under the Customs Act 1901 of the Commonwealth, section
50, to import the vaping goods, or
(ii) is otherwise approved under those regulations to import the
vaping goods, or
(b) the person is the holder of a licence under the Commonwealth Act, Part
3-3 that--
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(c) the person is the holder of a conformity assessment document that
applies to the vaping goods, or
(d) both of the following apply--
(i) the person is a wholesaler, pharmacist, medical practitioner or
nurse practitioner who is the holder of a licence, or is otherwise
authorised, under this Act to supply one or more substances
included in the Poisons List, Schedule 3,
(ii) the possession of the vaping goods is in accordance with the
licence or authority, or
(e) both of the following apply--
(i) the person has been given a section 41RC consent to possess the
vaping goods,
(ii) the possession of the vaping goods is in accordance with the
consent, or
(f) if the vaping goods are covered by a section 41R determination--
Page 7
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(i) the person is specified in the determination, or is included in a
class of persons specified in the determination, in relation to the
vaping goods, and
(ii) the possession of the vaping goods is in accordance with the
determination.
22 Prohibition on possession of vaping goods--less than commercial quantities
(1) A person is guilty of an offence if--
(a) the person is a retailer in relation to retail premises in New South Wales,
and
(b) the person possesses a quantity of a kind of vaping goods at the retail
premises, and
(c) the quantity is less than the commercial quantity of the kind of vaping
goods.
Maximum penalty--12 months imprisonment or 1,400 penalty units, or both.
(2) A person is guilty of a strict liability offence if--
(a) the person is a retailer in relation to retail premises in New South Wales,
and
(b) the person possesses a quantity of a kind of vaping goods at the retail
premises, and
(c) the quantity is less than the commercial quantity of the kind of vaping
goods.
Maximum penalty--160 penalty units.
(3) Subsections (1) and (2) do not apply if subsections (4) and (5) apply in relation
to the possession of the vaping goods by the person.
(4) This subsection applies in relation to the possession of the vaping goods by the
person if--
(a) the vaping goods are therapeutic goods included in the Australian
Register of Therapeutic Goods, or
(b) both of the following apply--
(i) the vaping goods are therapeutic goods--
(A) that are exempt goods under regulations made under the
Commonwealth Act, section 18(1) or an exempt device
under regulations made under the Commonwealth Act,
section 41HA(1), and
(B) in relation to which the sponsor has given the
Commonwealth Secretary a notice in compliance with the
exemption,
(ii) the vaping goods are not the subject of a determination by the
Commonwealth Secretary, published on the Commonwealth
Department's website, that the supply of the goods be stopped or
should be stopped because the Commonwealth Secretary is
satisfied that the supply of the goods compromises public health
and safety or the goods do not conform with a standard applicable
to the goods, or
(c) the vaping goods are covered by a section 41R determination.
(5) This subsection applies in relation to the possession of the vaping goods by the
person if--
Page 8
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(a) both of the following apply--
(i) the person is a wholesaler, pharmacist, medical practitioner or
nurse practitioner who is the holder of a licence, or is otherwise
authorised, under this Act to supply one or more substances
included in the Poisons List, Schedule 3,
(ii) the possession of the vaping goods is in accordance with the
licence or authority, or
(b) both of the following apply--
(i) the person has been given a section 41RC consent to possess the
vaping goods,
(ii) the possession of the vaping goods is in accordance with the
consent, or
(c) if the vaping goods are covered by a section 41R determination--
(i) the person is specified in the determination, or is included in a
class of persons specified in the determination, in relation to the
vaping goods, and
(ii) the possession of the vaping goods is in accordance with the
determination.
(6) Subsections (1) and (2) do not apply in relation to the possession of the vaping
goods by the person if--
(a) the vaping goods are for use by the person personally, and
(b) the quantity of the vaping goods is not more than the permitted quantity
of the kind of vaping goods.
(7) In this section--
permitted quantity, of a kind of vaping goods, has the same meaning as in the
Commonwealth Act, section 41QD(10).
retail premises means either of the following types of premises, whether or not
the premises are used wholly or predominantly for the relevant purpose--
(a) premises from which goods or services are available for supply, or are
supplied, to a consumer, or
(b) premises that are used in connection with the supply of goods or
services to a consumer.
retailer, in relation to retail premises in New South Wales, means the
following--
(a) an owner, lessee or occupier of the retail premises,
(b) a person conducting a business or undertaking at, or in connection or
association with, the retail premises,
(c) a director, officer or agent of a person referred to in paragraph (a) or (b),
(d) a person performing work in any capacity, including an employee or a
contractor, for, or on behalf of, a person referred to in paragraph (a), (b)
or (c) at or in connection with the retail premises.
[3] Section 45 Proceedings for offences
Insert after section 45(1)--
(1A) Subsection (1) does not apply in relation to proceedings for an offence against
section 20(1), 21(3) or 21(5).
Page 9
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
Schedule 2 Amendment of Medicines, Poisons and
Therapeutic Goods Act 2022 No 73
[1] Chapter 3A
Insert after Chapter 3--
Chapter 3A Regulation of vaping goods
Part 1 Preliminary
85A Definitions
In this chapter--
Australian Register of Therapeutic Goods means the Australian Register of
Therapeutic Goods kept under the Commonwealth therapeutic goods laws.
commercial quantity, of a kind of vaping goods, has the same meaning as in
the Commonwealth Therapeutic Goods Act.
Commonwealth Minister means the Minister of the Commonwealth
responsible for administering the Commonwealth therapeutic goods laws.
conformity assessment document has the same meaning as in the
Commonwealth Therapeutic Goods Act.
section 41R determination means a determination made by the
Commonwealth Minister under the Commonwealth Therapeutic Goods Act,
section 41R authorising the supply or possession of vaping goods.
section 41RC consent means a consent given by the Commonwealth Secretary
under the Commonwealth Therapeutic Goods Act, section 41RC(1) to
manufacture, supply or possess vaping goods.
sponsor, in relation to therapeutic goods, has the same meaning as in the
Commonwealth Therapeutic Goods Act.
vaping goods has the same meaning as in the Commonwealth Therapeutic
Goods Act.
Part 2 Regulation of supply and possession of vaping
goods
85B Prohibition on supplying vaping goods
(1) A person who supplies vaping goods in New South Wales is guilty of an
offence.
Maximum penalty--7 years imprisonment or 14,000 penalty units, or both.
(2) A person who supplies vaping goods in New South Wales is guilty of a strict
liability offence.
Maximum penalty--560 penalty units.
(3) Subsections (1) and (2) do not apply if--
(a) subsections (4)-(6) apply in relation to the supply of the vaping goods
by the person, or
Note-- Subsections (4)-(6) together apply in relation to wholesale supply of
vaping goods.
(b) subsections (4), (7) and (8) apply in relation to the supply of the vaping
goods by the person.
Page 10
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
Note-- Subsections (4), (7) and (8) together apply in relation to retail supply of
vaping goods.
(4) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the vaping goods are therapeutic goods included in the Australian
Register of Therapeutic Goods, or
(b) both of the following apply--
(i) the vaping goods are therapeutic goods--
(A) that are exempt goods under regulations made under the
Commonwealth Therapeutic Goods Act, section 18(1) or
an exempt device under regulations made under the
Commonwealth Therapeutic Goods Act, section 41HA(1),
and
(B) in relation to which the sponsor has given the
Commonwealth Secretary a notice in compliance with the
exemption,
(ii) the vaping goods are not the subject of a determination by the
Commonwealth Secretary, published on the Commonwealth
Department's website, that the supply of the goods be stopped or
should be stopped because the Commonwealth Secretary is
satisfied that the supply of the goods compromises public health
and safety or the goods do not conform with a standard applicable
to the goods, or
(c) the vaping goods are covered by a section 41R determination.
(5) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the person is--
(i) the holder of a licence or permission, granted under regulations
made under the Customs Act 1901 of the Commonwealth, section
50 to import the vaping goods, or
(ii) otherwise approved under those regulations to import the vaping
goods, or
(b) the person is the holder of a licence under the Commonwealth
Therapeutic Goods Act, Part 3-3 that--
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(c) the person is the holder of a conformity assessment document that
applies to the vaping goods, or
(d) both of the following apply--
(i) the person is a wholesaler who is the holder of an authorisation to
supply one or more substances included in the NSW Poisons
Schedules, Schedule 3,
(ii) the supply is in accordance with the licence or authority, or
(e) both of the following apply--
(i) the person has been given a section 41RC consent to supply the
vaping goods,
(ii) the supply is in accordance with the consent, or
(f) if the vaping goods are covered by a section 41R determination--
Page 11
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
(i) the person is specified in the determination, or is included in a
class of persons specified in the determination, in relation to the
vaping goods, and
(ii) the supply is in accordance with the determination.
(6) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the person (the recipient) to whom the vaping goods are supplied is the
holder of a licence under the Commonwealth Therapeutic Goods Act,
Part 3-3 that--
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(b) the recipient is a wholesaler, pharmacist, medical practitioner or nurse
practitioner who is the holder of a licence, or is otherwise authorised, to
supply one or more substances included in the NSW Poisons Schedules,
Schedule 3 under a law of the State or Territory in which the recipient
carries on a business, practises or is employed, or
(c) the recipient has been given a section 41RC consent to supply the
vaping goods, or
(d) if the vaping goods are covered by a section 41R determination--the
recipient is specified in the determination, or is included in a class of
persons specified in the determination, in relation to the vaping goods.
(7) This subsection applies in relation to the supply of the vaping goods by the
person if the person is a pharmacist, medical practitioner or nurse practitioner.
(8) This subsection applies in relation to the supply of the vaping goods by the
person if--
(a) the supply is--
(i) to another person for use by the other person for smoking
cessation, management of nicotine dependence or another
indication determined by the Commonwealth Minister under the
Commonwealth Therapeutic Goods Act, section 41RA, or
(ii) to another person, who is the carer of a third person, for use by
the third person for smoking cessation, management of nicotine
dependence or another indication determined by the
Commonwealth Minister under the Commonwealth Therapeutic
Goods Act, section 41RA, and
(b) if the vaping goods are, or contain, a vaping substance--the vaping
substance is in final dosage form, and
(c) the supply is--
(i) apart from this section, otherwise in accordance with this Act,
and
(ii) consistent with the person's authority to supply the vaping goods
under a law of New South Wales.
(9) For the purposes of paragraph (8)(b), a vaping substance is in final dosage
form if the vaping substance is in a form that can be administered to a person
without any change or modification other than vaporisation.
85C Prohibition on possession of vaping goods--commercial quantities
(1) A person is guilty of an offence if--
Page 12
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least the commercial quantity, but less than 100 times
the commercial quantity, of the kind of vaping goods.
Maximum penalty--2 years imprisonment or 2,800 penalty units, or both.
(2) A person is guilty of a strict liability offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least the commercial quantity, but less than 100 times
the commercial quantity, of the kind of vaping goods.
Maximum penalty--330 penalty units.
(3) A person is guilty of an offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 100 times the commercial quantity, but less than
1,000 times the commercial quantity, of the kind of vaping goods.
Maximum penalty--4 years imprisonment or 8,400 penalty units, or both.
(4) A person is guilty of a strict liability offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 100 times the commercial quantity, but less than
1,000 times the commercial quantity, of the kind of vaping goods.
Maximum penalty--670 penalty units.
(5) A person is guilty of an offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 1,000 times the commercial quantity of the kind
of vaping goods.
Maximum penalty--7 years imprisonment or 14,000 penalty units, or both.
(6) A person is guilty of a strict liability offence if--
(a) the person possesses a quantity of a kind of vaping goods in New South
Wales, and
(b) the quantity is at least 1,000 times the commercial quantity of the kind
of vaping goods.
Maximum penalty--1,170 penalty units.
(7) Subsections (1) and (2) do not apply in relation to the possession of the vaping
goods by the person if--
(a) the vaping goods have been lawfully supplied to the person, and
(b) the vaping goods are for use by the person personally, and
(c) the quantity of the vaping goods is less than 5 times the commercial
quantity of the kind of vaping goods.
(8) Subsections (1)-(6) do not apply if subsections (9) and (10) apply in relation
to the possession of the vaping goods by the person.
(9) This subsection applies in relation to the possession of the vaping goods by the
person if--
Page 13
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
(a) the vaping goods are therapeutic goods included in the Australian
Register of Therapeutic Goods, or
(b) both of the following apply--
(i) the vaping goods are therapeutic goods--
(A) that are exempt goods under regulations made under the
Commonwealth Therapeutic Goods Act, section 18(1) or
an exempt device under regulations made under the
Commonwealth Therapeutic Goods Act, section 41HA(1),
and
(B) in relation to which the sponsor has given the
Commonwealth Secretary a notice in compliance with the
exemption,
(ii) the vaping goods are not the subject of a determination by the
Commonwealth Secretary, published on the Commonwealth
Department's website, that the supply of the goods be stopped or
should be stopped because the Commonwealth Secretary is
satisfied that the supply of the goods compromises public health
and safety or the goods do not conform with a standard applicable
to the goods, or
(c) the vaping goods are covered by a section 41R determination.
(10) This subsection applies in relation to the possession of the vaping goods by the
person if--
(a) the person--
(i) is the holder of a licence or permission, granted under regulations
made under the Customs Act 1901 of the Commonwealth, section
50, to import the vaping goods, or
(ii) is otherwise approved under those regulations to import the
vaping goods, or
(b) the person is the holder of a licence under the Commonwealth
Therapeutic Goods Act, Part 3-3 that--
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(c) the person is the holder of a conformity assessment document that
applies to the vaping goods, or
(d) both of the following apply--
(i) the person is a wholesaler, pharmacist, medical practitioner or
nurse practitioner who is the holder of a licence, or is otherwise
authorised, under this Act to supply one or more substances
included in the NSW Poisons Schedules, Schedule 3,
(ii) the possession of the vaping goods is in accordance with the
licence or authority, or
(e) both of the following apply--
(i) the person has been given a section 41RC consent to possess the
vaping goods,
(ii) the possession of the vaping goods is in accordance with the
consent, or
(f) if the vaping goods are covered by a section 41R determination--
Page 14
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
(i) the person is specified in the determination, or is included in a
class of persons specified in the determination, in relation to the
vaping goods, and
(ii) the possession of the vaping goods is in accordance with the
determination.
85D Prohibition on possession of vaping goods--less than commercial quantities
(1) A person is guilty of an offence if--
(a) the person is a retailer in relation to retail premises in New South Wales,
and
(b) the person possesses a quantity of a kind of vaping goods at the retail
premises, and
(c) the quantity is less than the commercial quantity of the kind of vaping
goods.
Maximum penalty--12 months imprisonment or 1,400 penalty units, or both.
(2) A person is guilty of a strict liability offence if--
(a) the person is a retailer in relation to retail premises in New South Wales,
and
(b) the person possesses a quantity of a kind of vaping goods at the retail
premises, and
(c) the quantity is less than the commercial quantity of the kind of vaping
goods.
Maximum penalty--160 penalty units.
(3) Subsections (1) and (2) do not apply if subsections (4) and (5) apply in relation
to the possession of the vaping goods by the person.
(4) This subsection applies in relation to the possession of the vaping goods by the
person if--
(a) the vaping goods are therapeutic goods included in the Australian
Register of Therapeutic Goods, or
(b) both of the following apply--
(i) the vaping goods are therapeutic goods--
(A) that are exempt goods under regulations made under the
Commonwealth Therapeutic Goods Act, section 18(1) or
an exempt device under regulations made under the
Commonwealth Therapeutic Goods Act, section 41HA(1),
and
(B) in relation to which the sponsor has given the
Commonwealth Secretary a notice in compliance with the
exemption,
(ii) the vaping goods are not the subject of a determination by the
Commonwealth Secretary, published on the Commonwealth
Department's website, that the supply of the goods be stopped or
should be stopped because the Commonwealth Secretary is
satisfied that the supply of the goods compromises public health
and safety or the goods do not conform with a standard applicable
to the goods, or
(c) the vaping goods are covered by a section 41R determination.
Page 15
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
(5) This subsection applies in relation to the possession of the vaping goods by the
person if--
(a) both of the following apply--
(i) the person is a wholesaler, pharmacist, medical practitioner or
nurse practitioner who is the holder of a licence, or is otherwise
authorised, under this Act to supply one or more substances
included in the NSW Poisons Schedules, Schedule 3,
(ii) the possession of the vaping goods is in accordance with the
licence or authority, or
(b) both of the following apply--
(i) the person has been given a section 41RC consent to possess the
vaping goods,
(ii) the possession of the vaping goods is in accordance with the
consent, or
(c) if the vaping goods are covered by a section 41R determination--
(i) the person is specified in the determination, or is included in a
class of persons specified in the determination, in relation to the
vaping goods, and
(ii) the possession of the vaping goods is in accordance with the
determination.
(6) Subsections (1) and (2) do not apply in relation to the possession of the vaping
goods by the person if--
(a) the vaping goods are for use by the person personally, and
(b) the quantity of the vaping goods is not more than the permitted quantity
of the kind of vaping goods.
(7) In this section--
permitted quantity, of a kind of vaping goods, has the same meaning as in the
Commonwealth Therapeutic Goods Act, section 41QD(10).
retail premises means either of the following types of premises, whether or not
the premises are used wholly or predominantly for the relevant purpose--
(a) premises from which goods or services are available for supply, or are
supplied, to a consumer, or
(b) premises that are used in connection with the supply of goods or
services to a consumer.
retailer, in relation to retail premises in New South Wales, means any of the
following--
(a) an owner, lessee or occupier of the retail premises,
(b) a person conducting a business or undertaking at, or in connection or
association with, the retail premises,
(c) a director, officer or agent of a person referred to in paragraph (a) or (b),
(d) a person performing work in any capacity, including an employee or a
contractor, for, or on behalf of, a person referred to in paragraph (a), (b)
or (c) at or in connection with the retail premises.
[2] Section 120 Proceedings for offences
Insert after section 120(1)--
(1A) Subsection (1) does not apply in relation to proceedings for an offence against
section 85B(1), 85C(3) or 85C(5).
Page 16
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Medicines, Poisons and Therapeutic Goods Act 2022 No 73
[3] Schedule 3 Dictionary
Insert in alphabetical order--
Australian Register of Therapeutic Goods, for Chapter 3A--see section 85A.
commercial quantity, for Chapter 3A--see section 85A.
Commonwealth Minister, for Chapter 3A--see section 85A.
conformity assessment document, for Chapter 3A--see section 85A.
section 41R determination, for Chapter 3A--see section 85A.
section 41RC consent, for Chapter 3A--see section 85A.
sponsor, for Chapter 3A--see section 85A.
vaping goods, for Chapter 3A--see section 85A.
[4] Schedule 5.27[1], heading
Omit "or e-cigarettes and e-cigarette accessories".
Page 17
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209
Schedule 3 Amendment of Criminal Procedure Act 1986 No
209
Schedule 1 Indictable offences triable summarily
Insert at the end of Table 2, Part 13--
30 Poisons and Therapeutic Goods Act 1966
An offence under the Poisons and Therapeutic Goods Act 1966, section 20(1),
21(3), or 21(5).
31 Medicines, Poisons and Therapeutic Goods Act 2022
An offence under the Medicines, Poisons and Therapeutic Goods Act 2022,
section 85B(1), 85C(3), or 85C(5).
Page 18
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Public Health (Tobacco) Act 2008 No 94
Schedule 4 Amendment of Public Health (Tobacco) Act 2008
No 94
[1] Section 3 Objects of Act
Omit section 3(2). Insert instead--
(2) This Act aims to achieve that object by--
(a) regulating the packaging, advertising and display of tobacco products
and non-tobacco smoking products, and
(b) prohibiting the supply of tobacco products and non-tobacco smoking
products to children, and
(c) reducing the exposure of children to environmental tobacco smoke and
aerosols or vapours from vaping goods.
[2] Section 4 Definitions
Omit section 4(1), definitions of Commonwealth Act, e-cigarette, e-cigarette accessory,
e-cigarette liquid, e-cigarette vending machine, smoke and vending machine token.
Insert in alphabetical order--
vending machine token means a token that is designed to be inserted into an
tobacco vending machine to enable the purchase or supply of tobacco products
or non-tobacco smoking products.
[3] Section 8A Application of Division to e-cigarettes and e-cigarette accessories
Omit the section.
[4] Part 2, Division 3, heading
Omit "and e-cigarette vending machines".
[5] Section 12 and 13, heading and 14, heading
Omit "or e-cigarette" wherever occurring.
[6] Section 13
Omit "or e-cigarette vending machine must not place the vending machine, or cause or
permit the vending machine to be placed, in any premises in New South Wales for the
purpose of the sale of tobacco products, non-tobacco smoking products, e-cigarettes or
e-cigarette accessories".
Insert instead "vending machine must not place the vending machine, or arrange for or
permit the vending machine to be placed, in any premises in New South Wales for the
purpose of the sale of tobacco products or non-tobacco smoking products".
[7] Section 14(1)
Omit "or e-cigarette vending machine situated in premises in New South Wales for the
purpose of the sale of tobacco products, non-tobacco smoking products, e-cigarettes or
e-cigarette accessories".
Insert instead "vending machine situated in premises in New South Wales for the purpose
of the sale of tobacco products or non-tobacco smoking products".
[8] Section 15 Responsibilities of occupiers for vending machines
Omit "or e-cigarette" wherever occurring in section 15(1).
Page 19
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Public Health (Tobacco) Act 2008 No 94
[9] Section 15(2)
Omit "tobacco products, non-tobacco smoking products, e-cigarettes or e-cigarette
accessories by means of a tobacco or e-cigarette".
Insert instead "tobacco products or non-tobacco smoking products by means of a tobacco".
[10] Section 15(3)
Omit "or e-cigarette vending machine, or person who sold or displayed the tobacco
products, non-tobacco smoking products, e-cigarettes or e-cigarette accessories,".
Insert instead "vending machine, or person who sold or displayed the tobacco products or
non-tobacco smoking products,".
[11] Section 15(4)
Omit "or e-cigarette vending machine or the sale or display of tobacco products,
non-tobacco smoking products, e-cigarettes or e-cigarette accessories".
Insert instead "vending machine or the sale or display of tobacco products or non-tobacco
smoking products".
[12] Part 3, heading
Omit "and e-cigarettes".
[13] Section 15A Application of Part to e-cigarettes and e-cigarette accessories
Omit the section.
[14] Section 22, heading
Omit "or e-cigarettes and e-cigarette accessories".
[15] Section 22(2A)
Omit the subsection, including the note.
[16] Section 22(3)(a)
Omit "product, non-tobacco smoking product, e-cigarette or e-cigarette accessory".
Insert instead "product or non-tobacco smoking product".
[17] Section 23, heading
Omit "tobacco, smoking or vaping".
Insert instead "tobacco products or non-tobacco smoking".
[18] Section 23(1)
Omit "tobacco, smoking or vaping".
Insert instead "tobacco product or non-tobacco smoking".
[19] Section 23(3)
Omit the subsection.
[20] Section 24, heading
Omit "or e-cigarette".
Page 20
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Public Health (Tobacco) Act 2008 No 94
[21] Section 24(1)
Omit "or e-cigarette vending" wherever occurring. Insert instead "vending machine".
[22] Section 24(2)(a) and (b)
Omit "or e-cigarette" wherever occurring.
[23] Section 26, heading
Omit "tobacco products, non-tobacco smoking products or e-cigarettes".
Insert instead "tobacco products or non-tobacco smoking products".
[24] Section 26(1)-(3)
Omit "tobacco product, non-tobacco smoking product or e-cigarette" wherever occurring.
Insert instead "tobacco product or non-tobacco smoking product".
[25] Section 26(4)(a) and (b)
Omit "tobacco products, non-tobacco smoking products or e-cigarettes" wherever
occurring.
Insert instead "tobacco products or non-tobacco smoking products".
[26] Section 28 Liability of employers
Omit "tobacco products, non-tobacco smoking products, e-cigarettes or e-cigarette
accessories" from section 28(4).
Insert instead "tobacco products or non-tobacco smoking products".
[27] Section 30 Smoking in motor vehicle prohibited if juvenile present
Omit section 30(8), definition of smoke.
Insert in alphabetical order--
smoke means--
(a) for a tobacco product or non-tobacco smoking product--to use,
consume, hold or otherwise have control over the tobacco product or
non-tobacco smoking product when the product is ignited, or
(b) for a vaping good--to use, consume, hold or otherwise have control
over the vaping good that is generating or releasing, whether or not by
burning, smoke or an aerosol or vapour.
vaping goods has the same meaning as in the Therapeutic Goods Act 1989 of
the Commonwealth.
[28] Part 5, heading
Omit "and e-cigarette retailing".
[29] Section 31A Meaning of "engaging in e-cigarette retailing"
Omit the section.
[30] Part 5, Division 3, heading
Omit "and e-cigarette retailers".
[31] Section 39, heading
Omit "or e-cigarette retailing".
Page 21
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Public Health (Tobacco) Act 2008 No 94
[32] Section 39(1)
Omit "or e-cigarette retailing, or both, unless the person has notified the Secretary, in
accordance with this section, that the person intends to engage in retailing of a type so
notified".
Insert instead "unless the person has notified the Secretary, in accordance with this section,
that the person intends to engage in tobacco retailing".
[33] Section 39(2)(a) and (b)
Omit "or e-cigarette retailing" wherever occurring.
[34] Section 39(2)(e)
Omit the paragraph.
[35] Section 39(3)
Omit the subsection.
[36] Section 39(4)
Omit "or e-cigarette retailing, or both,".
[37] Section 39(5)
Omit ", e-cigarette retailing or both,".
[38] Section 39A, heading
Omit ", e-cigarettes or e-cigarette accessories".
[39] Section 39A(1) and (2)
Omit ", e-cigarette or e-cigarette accessory" wherever occurring.
[40] Section 44 Powers of inspectors to enter premises
Omit section 44(4), definition of regulated products. Insert instead--
regulated products means the following--
(a) tobacco products,
(b) smoking accessories.
[41] Section 58 Regulations
Omit ", e-cigarettes, e-cigarette accessories" from section 58(1)(a), (c), (e), (f), (j) and (k),
wherever occurring.
[42] Section 58(1)(d)
Omit "or e-cigarette".
[43] Section 58(1)(h)
Omit "or e-cigarette advertisements and the matter that may appear on packages containing
tobacco products, e-cigarettes, e-cigarette accessories".
Insert instead "and the matter that may appear on packages containing tobacco products".
[44] Section 58(4)
Omit the subsection.
Page 22
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Public Health (Tobacco) Act 2008 No 94
[45] Part 8 Miscellaneous
Insert at the end of the part, with appropriate section numbering--
Review of operation of amendments by Public Health (Tobacco) Amendment
Act 2024
(1) The Minister must cause an independent review to be conducted of the
operation of--
(a) the amendments to this Act, the Poisons and Therapeutic Goods Act
1966, the Medicines, Poisons and Therapeutic Goods Act 2022, the
Criminal Procedure Act 1986 and the Smoke-free Environment Act
2000 by the Public Health (Tobacco) Amendment Act 2024, and
(b) any regulations made for the purposes of those amendments.
(2) The review must commence no later than 1 July 2026.
(3) The person who conducts the review must give the Minister a written report
on the outcome of the review within 6 months after commencing the review.
(4) A copy of the report is to be tabled in each House of Parliament within 15
sitting days of the relevant House after the report is given to the Minister.
Page 23
Public Health (Tobacco) Amendment Bill 2024 [NSW]
Schedule 5 Amendment of Smoke-free Environment Act 2000 No 69
Schedule 5 Amendment of Smoke-free Environment Act 2000
No 69
[1] Section 3 Object of Act
Omit "e-cigarettes". Insert instead "vaping goods".
[2] Section 4 Definitions
Omit the definitions of e-cigarette, non-tobacco smoking product and tobacco product and
smoke.
Insert in alphabetical order--
non-tobacco smoking product has the same meaning as in the Public Health
(Tobacco) Act 2008.
smoke means use, consume, hold or otherwise have control over a tobacco
product, non-tobacco smoking product or vaping good that is generating,
whether or not by burning--
(a) smoke, or
(b) an aerosol or vapour.
tobacco product has the same meaning as in the Public Health (Tobacco) Act
2008.
vaping goods has the same meaning as in the Therapeutic Goods Act 1989 of
the Commonwealth.
[3] Section 19A Exemption relating to premises of e-cigarette retailers
Omit the section.
Page 24
[Index] [Search] [Download] [Related Items] [Help]