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This is a Bill, not an Act. For current law, see the Acts databases.


TOBACCO PRODUCTS REGULATION (VAPORISERS) AMENDMENT BILL 2016

South Australia

Tobacco Products Regulation (Vaporisers) Amendment Bill 2016

A BILL FOR

An Act to amend the Tobacco Products Regulation Act 1997


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Tobacco Products Regulation Act 1997


4Amendment of section 4—Interpretation



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Tobacco Products Regulation (Vaporisers) Amendment Act 2016.

2—Commencement

This Act will come into operation 6 months after the day on which it is assented to by the Governor.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Tobacco Products Regulation Act 1997

4—Amendment of section 4—Interpretation

(1) Section 4(1)—after the definition of multi-unit premises insert:

personal vaporiser means a device that—

(a) is capable of being used to deliver a substance into a person's body when the person inhales through the device; and

(b) has 1 or more of the following parts:

(i) a battery;

(ii) a cartridge or container to store a liquid, vapour or gas;

(iii) an electric heating element,

but does not include any of the following:

(c) a device included in the register under the Therapeutic Goods Act 1989 of the Commonwealth (other than a device designed for the purpose of helping a person to stop smoking);

(d) a device designed to be used to deliver oxygen into a person's body;

(e) a device that is a prohibited item within the meaning of section 9B of the Summary Offences Act 1953


;

(f) a device of a kind prescribed by regulation;

personal vaporiser related product means—

(a) a device or other product that—

(i) is apparently intended to be part of a personal vaporiser; and

(ii) is not capable of being used to deliver a substance into a person's body without an adjustment, modification or addition; or

(b) a device or other product to which paragraph (a) does not apply that is apparently intended to be used in connection with a personal vaporiser,

but does not include a device or product of a kind prescribed by regulation;

(2) Section 4(1), definition of smoke—delete the definition and substitute:

smoke means—

(a) smoke, hold, or otherwise have control over, an ignited tobacco product (other than a personal vaporiser); or

(b) inhale through a personal vaporiser;

(3) Section 4(1), definition of tobacco product—after paragraph (e) insert:

(ea) a personal vaporiser; or

(eb) a personal vaporiser related product; or

 


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