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PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 (NO. 118, 2023) - SECT 9

Meaning of tobacco product

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.



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