Last updated: August 6, 2025
Key Terms
E-Cigarette
“Alternative smoking product” means a product set out in Part 2 of Schedule 7.
1.1. A device (other than a waterpipe) that is capable of—
(a) generating an aerosol from any substance that is not tobacco or a dangerous drug, other than by means of lighting the substance directly; and
(b) use for imitating conventional smoking.
1.2. A thing that is designed for use as a component of, or accessory to, a device described in item 1.1 (such as a mouthpiece, heating element, battery or container of a substance mentioned in that item).
1.3. Any substance (other than tobacco or a dangerous drug)—
(a) that is packaged as being suitable for use with a device described in item 1.1; and
(b) from which an aerosol is capable of being generated in the way described in that item.
The definition of "alternative smoking products" include e-cigarettes. For the purpose of this review, we will be using the term “e-cigarettes” when referring to “alternative smoking products.”
Smoking product
“Smoking product” means—
(a) a conventional smoking product; or
(b) an alternative smoking product.
The definition of “smoking product” is significant because it includes e-cigarettes (alternative smoking products).
Smoking act
“Smoking act” means smoking or carrying—
(a) a lighted cigarette, cigar or pipe; or
(b) an activated alternative smoking product.
The definition of “smoking act” is significant because it encompasses the use of e-cigarettes.
Activate
An alternative smoking product is activated if any process, such as combustion or heating, is taking place for generating an aerosol by or from the product.
The definition of "activate" is significant because a "smoking act" includes smoking or carrying an activated e-cigarette.
Cease a smoking act
A person ceases a smoking act—
(a) in relation to a lighted cigarette, cigar or pipe, if the person extinguishes it; or
(b) in relation to an activated alternative smoking product, if the person deactivates it.
Deactivate
A person deactivates an activated alternative smoking product if the person stops the process mentioned in subsection (2) in relation to the product.
