Public Health Act 1997

For the avoidance of doubt, this Division does not apply to smoking products if those products –

are in the possession of a person who – is authorised under the Poisons Act 1971 to possess or supply the products; or has been supplied lawfully with the products under the Poisons Act 1971; or are in the possession of a person who – is authorised under a law of the Commonwealth or a State or Territory to possess or supply the products; or has been supplied lawfully with the products under a law of the Commonwealth or a State or Territory; or have been seized, forfeited, retained, confiscated or otherwise withheld lawfully by the State or the Commonwealth; or are prescribed as products to which this Division does not apply.