81Regulations

1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

   Forms, registers, and other documents

2. prescribing forms, certificates, notices, leaflets, signs, particulars, and notifications, and the persons by whom and the persons to whom any of them must be supplied:
3. prescribing records and registers for the purposes of this Act or any of its Parts, including—
   1. prescribing the manner in which and the period during which any such records and registers must be kept; and
   2. prescribing the persons to whom, and the conditions on which, any such records and registers may be available for searching, inspection, and copying:

Internal area

4. prescribing criteria or a means for determining whether part of any premises or vehicle is an internal area for the purpose of paragraph (a) of the definition of internal area in section 2(1):

Health messages on automatic vending machines

5. prescribing for the purposes of section 48—
   1. the form, size, and content of messages to be displayed on automatic vending machines that dispense regulated products:
   2. the circumstances and manner in which the messages must be displayed:

Section 24 exemptions

6. for the purposes of the exemption in section 24(g), prescribing—
   1. vaping products that may be displayed in retail premises or on a retailer’s Internet site and how those products may be displayed:
   2. information relating to vaping products that may be provided in retail premises or on a retailer’s Internet site and how that information may be provided:
7. prescribing—
   1. for the purposes of the exemption in section 24(k), the information that manufacturers and importers may provide to retailers about the use of vaping products and smokeless tobacco products and how that information may be provided:
   2. for the purposes of the exemption in section 24(l), the communications about vaping products that may be made by specialist vape retailers to their existing customers and how those communications may be made:
8. prescribing for the purposes of the exemption in section 24(a), any requirements with which a price list must comply:

Section 25 exemptions

9. prescribing for the purposes of the exemption in section 25(1)(a)(ii) (relating to retailers) requirements with which regulated product and price information under section 25(1)(a) must comply:
10. prescribing for the purposes of the exemption in section 25(1)(b)(ii) (relating to retailers) requirements with which a regulated product availability and locations notice under section 25(1)(b) must comply:
11. prescribing for the purposes of the exemption in section 25(3)(b) (relating to vending machines) requirements with which a regulated product and price notice under section 25(3) must comply:
12. prescribing for the purposes of the exemption in section 25(4)(c) (relating to Internet sales) requirements with which regulated product and price information under section 25(4) must comply:

Section 27 exemptions

13. prescribing for the purposes of section 27(3)(c) and (d) requirements relating to—
    1. communications about vaping products that a specialist vape retailer may make to customers in their approved vaping premises; and
    2. communications by a specialist vape retailer about the safe use of regulated products available for purchase in their approved vaping premises:

Acceptable forms of delivery and visibility

14. prescribing for the purposes of section 37(2) or 46(2)(b) acceptable forms of visible delivery in relation to a regulated product or package:
15. prescribing for the purposes of section 37(3) or 46(4) ways in which a class or classes of people who offer regulated products for sale may allow a regulated product or package to be visible:

Health information and warnings at point of sale and on Internet

16. prescribing for the purposes of section 38 requirements relating to point-of-sale health information or warnings:
17. requiring sales health information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including—
    1. prescribing information or warnings that must be made visible; and
    2. prescribing the requirements with which the information or warnings must comply:
18. prescribing for the purposes of section 43(2)(b) requirements with which a notice for the public (to the effect that the sale of regulated products to people who are younger than 18 years is prohibited) under section 43(2) must comply:
19. requiring purchase age information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including—
    1. prescribing information or warnings that must be made visible; and
    2. prescribing the requirements with which the information or warnings must comply:

Infringement notices

20. prescribing for the purposes of section 89 (and for the purposes of the procedure in section 21 of the Summary Proceedings Act 1957 as modified and applied by section 89) the form of infringement notices and reminder notices for infringement offences, and any other particulars to be contained in infringement notices and reminder notices:

Annual returns, reports, and records

28. prescribing for the purposes of section 100—
    1. sales-related information that manufacturers, importers, and retailers of regulated products must provide in the annual return required under that section:
    3. the form and manner in which returns and reports required under that section must be prepared and filed:
29. prescribing for the purposes of section 101 the constituents of a regulated product that the manufacturer must record:

How certain regulated products may differ

30. prescribing for the purposes of section 2(2A) the way in which vaping products, heated tobacco products, or any packages of those products that bear the same brand name may differ in the products they contain:

Specialist vape retailers

31. providing, in relation to applications for approval to be a specialist vape retailer,—
    1. for the manner in which the application must be made; and
    2. requirements that must be met before approval may be given; and
    3. conditions that may be imposed by the Director-General when granting an approval or criteria that apply when imposing a condition:
32. for the purpose of section 20P(4), prescribing matters that must be considered by the Director-General when having regard to—
    1. the geographic location of the retail premises; or
    2. the population in relation to which the retailer carries out their business:
33. prescribing any other criteria that the Director-General must have regard to for the purpose of section 20P(4):

General matters

34. providing for any other related matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

35. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).