52EAAA   Certain products to be treated in the same way as tobacco

             (1)  The Secretary must ensure that the current Poisons Standard applies in relation to:

                     (a)  nicotine in electronic nicotine delivery systems in concentrations no greater than 20 mg/mL; and

                     (b)  nicotine in tobacco prepared and packed for heating;

in the same way as it applies in relation to nicotine in tobacco prepared and packed for smoking.

Example:    If nicotine in tobacco prepared and packed for smoking is not included in Schedule 7 of the current Poisons Standard, the Secretary must ensure that Schedule 7 does not include nicotine in electronic nicotine delivery systems in concentrations no greater than 20 mg/mL or nicotine in tobacco prepared and packed for heating.

             (2)  For the purposes of subsection (1), an electronic nicotine delivery system is a product that can be used for the production and consumption of nicotine-containing vapour, or a component of such a product (including a liquid, cartridge or tank).

             (3)  Subsection (1) applies despite anything in section 52E.

Tobacco Advertising Prohibition Act 1992

4  Section 8 (at the end of the definition of smoking )

Add “using a combustion process”.