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South Australia
Tobacco and E-Cigarette Products (Exemption—Nicotine) Proclamation 2021
under section 71 of the Tobacco and E-Cigarette Products Act 1997
1—Short title
This proclamation may be cited as the Tobacco and E-Cigarette Products (Exemption—Nicotine) Proclamation 2021.
2—Commencement
This proclamation comes into operation on 1 October 2021.
3—Interpretation
In this proclamation—
Act means the Tobacco and E-Cigarette Products Act 1997
;
medical practitioner means a person registered under the Health Practitioner Regulation National Law
to practise in the medical profession (other than as a student);
pharmacist means a person registered under the Health Practitioner Regulation National Law
in the pharmacy profession (other than as a student).
4—Application of proclamation
This proclamation applies to—
(a) a medical practitioner or a pharmacist who may lawfully sell nicotine as a prescription drug by retail under section 18(1b) of the Controlled Substances Act 1984
;
(b) a medical practitioner or a pharmacist who may lawfully supply nicotine as a prescription drug to a person under section 18(1c) of the Controlled Substances Act 1984
.
5—Exemption from Act
(1) A person to whom this proclamation applies is exempt from the operation of the following provisions of the Act:
(a) section 6;
(b) section 30(2);
(c) section 38A.
(2) An exemption under this clause is subject to the condition that the person to whom the exemption applies—
(a) must only sell an e-cigarette product to a person in connection with a lawful sale of nicotine as a prescription drug to the person under section 18(1b) of the Controlled Substances Act 1984
; or
(b) must only supply an e-cigarette product to a person in connection with a lawful supply of nicotine as a prescription drug to a person under section 18(1c) of the Controlled Substances Act 1984
.
Made by the Administrator
with the advice and consent of the Executive Council
on 30 September
2021
[Published in the Gazette on 30 September 2021 at page 3645]