Last updated: August 8, 2022
Heated Tobacco Product
“Alternative smoking product” means a product set out in Part 2 of Schedule 7:
2.1. A device (other than a waterpipe) that is capable of— (a) generating an aerosol from tobacco, other than by means of lighting the tobacco directly; and (b) use for smoking.
2.2. A thing that is designed for use as a component of, or accessory to, a device described in item 2.1 (such as a mouthpiece, heating element, battery or container of the tobacco mentioned in that item).
2.3. Tobacco— (a) that is packaged as being suitable for use with a device described in item 2.1; and (b) from which an aerosol is capable of being generated in the way described in that item.
The definition of “alternative smoking product” includes heated tobacco products. For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
“Smoking” means inhaling and expelling—
(a) in relation to a conventional smoking product—the smoke of tobacco generated from the product; or
(b) in relation to an alternative smoking product—the aerosol generated by or from the product.
The definition of “smoking” is significant because it encompasses the use of HTPs.
“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 HTPs.
“Smoking product” means—
(a) a conventional smoking product; or
(b) an alternative smoking product.
The definition of “smoking product” is significant because it includes HTPs (alternative smoking products).
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 HTP.
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.