Environmental Public Health Act 1987 · 2020 Revised Edition · Part 7A · Aerosol-Generating Systems
66A. Registrable aerosol-generating systems
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The owner or occupier of any premises in or on which a registrable aerosol‑generating system is installed, must not use or operate, or allow the use or operation of, the registrable aerosol‑generating system unless the aerosol‑generating system is registered by that owner or occupier under this Act and the registration is not suspended.
occupier
“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
The Director-General may —
Director-General
“Director-General” means the Director-General of Public Health appointed under section 3(1);
subject to any condition that the Director‑General thinks fit to impose, register the registrable aerosol‑generating system; or
refuse such registration.
The registration of the registered aerosol‑generating system by the owner or occupier (called in this section the registered owner or occupier) under subsection (2)(a) is not transferable to any other person.
registered aerosol-generating system
“registered aerosol-generating system” means any registrable aerosol‑generating system that is registered under this Act;
The Director-General may, by written notice, suspend or cancel the registration of an aerosol‑generating system if —
aerosol-generating system
“aerosol-generating system” means any device or system that is capable of producing a suspension of fine liquid droplets in air or other type of gas;
the registered owner or occupier procured the registration by providing any particulars, document or information, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; or
the Director-General is satisfied that the registered owner or occupier has contravened any of the following:
any provision of this Part;
any regulations made under section 111 in relation to registrable aerosol‑generating systems;
any condition of the registration.
The Director-General must, before suspending or cancelling the registration of the aerosol‑generating system under subsection (4), give the registered owner or occupier a written notice of the Director‑General’s intention to do so and an opportunity to submit reasons, within the period specified in that notice, as to why the registration should not be suspended or cancelled.
The Director-General may also, on the application of the registered owner or occupier, cancel the registration of any registered aerosol‑generating system.
Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
for a first offence, to a fine not exceeding $5,000; and
for a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.