Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 9

Basic definition

  (1)   A tobacco product means the following designed or intended for human consumption or use:

  (a)   processed tobacco in any form;

  (b)   a product that contains tobacco as an ingredient.

Note 1:   Loose tobacco for roll - your - own cigarettes is an example of processed tobacco. A cigar or cigarette is an example of a product that contains tobacco as an ingredient.

Note 2:   An e - cigarette product that contains tobacco is not treated as a tobacco product under this Act (see subsection   (4)).

Note 3:   Tobacco products and tobacco product accessories are together called regulated tobacco items (see definition in section   8).

  (2)   To avoid doubt, a tobacco product includes those parts of the product that are not tobacco.

Example:   A tobacco product that is a cigarette includes the paper, and any filter tip, in the manufactured product.

Certain wrappers excluded

  (3)   A tobacco product does not include a wrapper for tobacco that is in the form of a sheet or tube made from or with tobacco.

Note:   Such wrappers are treated as tobacco product accessories (see paragraph   10(1)(d)).

E - cigarette products excluded

  (4)   A tobacco product does not include an e - cigarette product (even if the e - cigarette product contains tobacco).

Certain therapeutic goods excluded

  (5)   A tobacco product does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act.