(1) The Secretary may recommend to the Minister that a ban order be made in respect of a specified product or a specified class of products.
(2) The Secretary must not make a recommendation under subsection (1) unless the Secretary has fully investigated the matter and is satisfied that—
(a) the product—
(i) is a tobacco product and the product or its smoke possesses a distinctive fruity, sweet or confectionery-like character; or
(ii) is a tobacco product and has packaging that appeals to children or young people; or
(iii) is not a tobacco product but resembles a tobacco product; or
(iiia) is not an e-cigarette product but resembles an e-cigarette product; or
(iv) is of a nature or is advertised in a way that may encourage children or young people to smoke; and
(b) the supply of the product should be prohibited, having regard to the objects of this Act.
(3) A recommendation by the Secretary must set out the grounds for the recommendation.
S. 15P inserted by No. 49/2009 s. 38.