South Australia
Tobacco and E-Cigarette Products (Exemption—Nicotine) Proclamation 2021
under section 71 of the Tobacco and E-Cigarette Products Act 1997

1—Short title
This proclamation may be cited as the Tobacco and E-Cigarette Products (Exemption—Nicotine) Proclamation 2021.
2—Commencement
This proclamation comes into operation on 1 October 2021.
3—Interpretation
In this proclamation—
Act means the Tobacco and E-Cigarette Products Act 1997;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
pharmacist means a person registered under the Health Practitioner Regulation National Law in the pharmacy profession (other than as a student).
4—Application of proclamation
This proclamation applies to—
	(a)	a medical practitioner or a pharmacist who may lawfully sell nicotine as a prescription drug by retail under section 18(1b) of the Controlled Substances Act 1984;
	(b)	a medical practitioner or a pharmacist who may lawfully supply nicotine as a prescription drug to a person under section 18(1c) of the Controlled Substances Act 1984.
5—Exemption from Act
	(1)	A person to whom this proclamation applies is exempt from the operation of the following provisions of the Act:
	(a)	section 6;
	(b)	section 30(2);
	(c)	section 38A.
	(2)	An exemption under this clause is subject to the condition that the person to whom the exemption applies—
	(a)	must only sell an e‑cigarette product to a person in connection with a lawful sale of nicotine as a prescription drug to the person under section 18(1b) of the Controlled Substances Act 1984; or
	(b)	must only supply an e‑cigarette product to a person in connection with a lawful supply of nicotine as a prescription drug to a person under section 18(1c) of the Controlled Substances Act 1984.
Made by the Administrator
with the advice and consent of the Executive Council
on 30 September 2021