Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffences--possessing at least commercial quantity but less than 100 times commercial quantity
(1) A person commits an offence if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of that kind of vaping goods.
Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
(2) Absolute liability applies to paragraph (1)(b).
(3) A person commits an offence of strict liability if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of that kind of vaping goods.
Offences--possessing at least 100 times commercial quantity but less than 1,000 times commercial quantity
(4) A person commits an offence if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of that kind of vaping goods.
Penalty: Imprisonment for 4 years or 3,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
(5) Absolute liability applies to paragraph (4)(b).
(6) A person commits an offence of strict liability if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of that kind of vaping goods.
Offences--possessing 1,000 times commercial quantity or more
(7) A person commits an offence if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is 1,000 times the commercial quantity, or more, of that kind of vaping goods.
Penalty: Imprisonment for 7 years or 5,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
(8) Absolute liability applies to paragraph (7)(b).
(9) A person commits an offence of strict liability if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is 1,000 times the commercial quantity, or more, of that kind of vaping goods.
Civil penalty provision
(10) A person contravenes this subsection if:
(a) the person possesses a quantity of a kind of vaping goods in Australia; and
(b) the quantity is at least the commercial quantity of that kind of vaping goods.
Maximum civil penalty:
(a) for an individual--7,000 penalty units; and
(b) for a body corporate--70,000 penalty units.
(11) A person who contravenes subsection (10) in relation to a kind of vaping goods commits a separate contravention of that subsection in respect of each unit of the quantity of vaping goods of that kind possessed by the person in Australia.
Note: For unit of vaping goods, see subsection 3(1).
Exception--possession for personal use
(11A) Subsections (1) to (3) and (10) and (11) do not apply in relation to the possession of a quantity of a kind of 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 is less than 5 times the commercial quantity of that kind of vaping goods.
Note: The person bears an evidential burden in relation to the matters in subsection (11A): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.
Exceptions--general
(12) Subsections (1) to (11) do not apply if subsections (13) and (14) apply in relation to the possession of the vaping goods by the person.
Note: The person bears an evidential burden in relation to the matters in subsections (13) and (14): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.
(13) This subsection applies in relation to the possession of the vaping goods by the person if:
(a) the vaping goods are therapeutic goods that are entered on the Register; or
(b) both of the following apply:
(i) the vaping goods are therapeutic goods that are exempt goods under regulations made for the purposes of subsection 18(1) or an exempt device under regulations made for the purposes of subsection 41HA(1), and the sponsor has given the Secretary a notice in compliance with the exemption;
(ii) the vaping goods are not the subject of a determination by the Secretary, published on the Department's website, that the supply of the goods be stopped or should cease because the 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 determination made by the Minister under section 41R.
(14) 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 and a permission, granted under regulations made for the purposes of section 50 of the Customs Act 1901 , 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 in force under Part 3 - 3 of this Act that 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, to supply one or more substances included in Schedule 3 to the current Poisons Standard under a law of the State or Territory in which the person possesses the goods;
(ii) the possession of the goods is in accordance with the licence or authority; or
(e) both of the following apply:
(i) the Secretary has given the person a consent under subsection 41RC(1) to possess the vaping goods;
(ii) the possession is in accordance with the consent; or
(f) in the case of vaping goods that are covered by a determination made by the Minister under section 41R:
(i) the person is specified in the determination, or is included in a class of persons that is specified in the determination, in relation to those goods; and
(ii) the possession is in accordance with the determination.