Public Health (Smoking Product Licence) Amendment Regulations 2026
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Public Health Act 1997 .
2 March 2026B. BAKER
Governor
By Her Excellency's Command,
BRIDGET ARCHER
Minister for Health, Mental Health and Wellbeing
These regulations may be cited as the Public Health (Smoking Product Licence) Amendment Regulations 2026 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Public Health (Smoking Product Licence) Regulations 2019 are referred to as the Principal Regulations.
4. Regulation 4 substituted
Regulation 4 of the Principal Regulations is rescinded and the following regulations are substituted:4. Conditions of smoking product licences for sale of personal vaporiser products
(1) For section 74C(4A) of the Act, the following conditions apply to all smoking product licences relating to personal vaporiser products:(a) a person may only supply a personal vaporiser product that is a vaping substance to another person (the patient) in accordance with a prescription for the supply of the substance to the patient issued by either of the following in accordance with the Poisons Act 1971 (a valid prescription):(i) a medical practitioner;(ii) an authorised health professional who is a nurse practitioner;(b) a person may only sell a personal vaporiser product other than a vaping substance to a patient if satisfied that the patient –(i) has a valid prescription for the supply of a vaping substance to be used in connection with the personal vaporiser product; or(ii) has in the last 12 months been supplied, in accordance with a valid prescription, a vaping substance to be used in connection with the personal vaporiser product;(c) a person must comply with the Act and the Poisons Act 1971 in supplying a personal vaporiser product in accordance with a valid prescription;(d) a person may only, under the authority of the licence, dispose of a personal vaporiser product other than by supply with the prior approval of the Director;(e) the holder of the licence must keep any invoice for the sale of a personal vaporiser product for at least 2 years after the sale;(f) the holder of the licence must provide any information or documentation held in respect of the licence and the personal vaporiser products in the possession of, or sold or otherwise disposed of by, the holder of the licence if requested to do so by a person appointed or authorised under –(i) section 23 of the Poisons Act 1971; or(ii) section 27 of the Therapeutic Goods Act 2001.(2) Unless a contrary intention appears, a term used in this regulation has the same meaning as in the Poisons Act 1971.(3) In this regulation –vaping substance means a substance referred to in paragraph (c) of the definition of personal vaporiser product in section 3 of the Act, whether or not that substance is a scheduled substance.5. Smoking product licence fees
For sections 74B(3)(c) and 74F(2)(b) of the Act, the prescribed fee for an application for a smoking product licence, or the renewal of a smoking product licence, is –(a) if the application relates to a tobacco product – 717 fee units for each premises specified in the application; or(b) if the application relates to a personal vaporiser product – 0 fee units.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 11 March 2026
These regulations are administered in the Department of Health.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Public Health (Smoking Product Licence) Regulations 2019 by –(a) removing the application fee for a smoking product licence, or the renewal of a smoking product licence, relating to personal vaporiser products; and(b) prescribing conditions that apply to smoking product licences relating to personal vaporiser products.