Public Health Act 1997

In this Division –

prohibited nicotine product includes products that contain nicotine – if – the product encloses the nicotine in packaging or is packaging that is coated, or otherwise treated, with nicotine; and all, or part, of the packaging is designed to be placed in the mouth and the packaging is not designed to be ingested; and the nicotine is designed to be absorbed, via the membranes in the mouth, from or through the packaging; and the product has not been obtained and administered in accordance with the Poisons Act 1971; or that are prescribed as prohibited nicotine products;

prohibited personal vaporiser product includes personal vaporiser products that – are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or are excisable goods, within the meaning of the Excise Act 1901 of the Commonwealth, if duty is due and owing in respect of the products; or are prescribed as prohibited personal vaporiser products;

prohibited smoking product includes – prohibited tobacco products; and prohibited personal vaporiser products; and prohibited nicotine products; and other products and items that are prescribed as prohibited smoking products;

prohibited tobacco product includes tobacco products that – fail to comply with the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or are excisable goods, within the meaning of the Excise Act 1901 of the Commonwealth, if duty is due and owing in respect of the products; or are prescribed as prohibited tobacco products.