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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I'm trying to find about any legislation that exists in

Customer Question

I'm trying to find about any legislation that exists in Australia regarding the sale of herbal tobacco products... the items i'm seeking to import do not have warnings on the packaging but they are not marketed to be safer than cigarettes (although they do state they are tobacco and nicotine free). Very keen for any assistance possible
JA: What state are you in? It matters because laws vary by location.
Customer: QLD, but i plan to ship around the country so I'd need to know any variations also
JA: Has anything been filed or reported?
Customer: No, this is for a start-up
JA: Anything else you want the lawyer to know before I connect you?
Customer: Essentially I need to know any and all information (particularly restrictions) about importing this product, including tariffs etc., as I want to minimise as many risks as possible (ansd the product appears to be controversial)
Submitted: 12 months ago.
Category: Australia Law
Expert:  Leon replied 12 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

It is not a simple answer.

You have to check and see what is in them and then contact boarder control and see if it is legal substance to be bought it.

Many herbs etc are no permitted due to the possibility of disease they may have. You have to speak to them about how it should be processed.

It is a matter where you have to speak to Federal authorties if it can be imported. Then state authorities if it can be sold and does not fall under any criminal act. Each state is different and you have to contact each state authority.

There is not one blanket law that covers it all.

Where are they coming from? Do you know the contents?

Customer: replied 12 months ago.
They are coming from the US and are a reputable brand... the ingredients consist of the following herbs: Marshmallow Leaf, Rose Petals, Red Clover, Clove Powder, Liquorish, Wild Lettuce, Sage, Apple Juice, Honey, Acetic Acid and Vanilla Liquid.
Expert:  Leon replied 12 months ago.

Good Afternoon

I would be contacting Border control and enquiring about getting a licence to import them as you will be seeking to import a large quantity.

They will have to be tested to see if they are safe and you can get a clearance from the TGA

There is no set law that says you cant but anything that is imported and for human use has to be cleared by the TGA.

Customer: replied 12 months ago.
What about the cost of clearing them from customs; and the fact that they do not have warning labels? Would the tests done by the TGA negate the requirement if they're found to be safe for human consumption?
Expert:  Leon replied 12 months ago.

You have to pay import duty on the goods. That goes without saying.

You will also have to pay GST on anything over $1000.00

You bring in a small sample and have that tested and get the licence to import.

The TGA will tall you if cables are required and you may have to put them on yourself here.