Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 11

Basic definition

  (1)   An e - cigarette means a device (whether or not containing nicotine or tobacco) that generates or releases, or is designed or intended to generate or release, by electronic means, an aerosol or vapour for inhalation by its user in a way that resembles, or produces an experience similar to, smoking.

Note:   Examples of e - cigarettes include e - cigars, e - hookah pens, e - pens, e - pipes and vapes.

Devices that resemble toys, food and other objects

  (2)   A device may be an e - cigarette even if the device resembles a toy, food, drink, cartoon character, animal, musical instrument, vehicle or household or personal object.

E - cigarettes may be prescribed

  (3)   The regulations may prescribe a kind of item to be an e - cigarette for the purposes of this Act.

  (4)   Before regulations are made under subsection   (3), the Minister must be satisfied that it is appropriate to do so.

Certain therapeutic goods excluded

  (5)   An e - cigarette does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act.