21  Requirements for brand, business, company or variant names, and relevant legislative requirements, Requirements for brand, business, company or variant name—general. Requirements for brand, business, company or variant name—cigarette packs and cigarette cartons. (2)  Subsection (1) of this section does not apply to section 91 (contravening a civil penalty provision is not an offence). •      Alternatively, a person can be given an infringement notice under Part 3 of this Chapter in relation to a contravention of an offence of strict liability. (b)  the retail packaging does not comply with a tobacco product requirement. (g)  authorise the authorised officers named in the warrant: (ii)  to exercise the powers set out in this Part in relation to the premises; and, (h)  state whether entry is authorised to be made at any time of the day or during specified hours of the day; and. This Act may be cited as the Tobacco Plain Packaging Act 2011. measurement mark means any information that is required to appear on the retail packaging of tobacco products by regulations made under the National Measurement Act 1960. non‑presidential member of the Administrative Appeals Tribunal has the meaning given by section 3 of the Administrative Appeals Tribunal Act 1975. offer a tobacco product for sale has a meaning affected by subsection (2) of this section. (a)  trade or commerce between Australia and places outside Australia; or, (b)  trade or commerce among the States; or. (3)  A person commits an offence if the person contravenes subsection (1). •      Part 2 of Chapter 2 specifies requirements for the retail packaging and appearance of tobacco products. (5)  An issuing officer who is a Deputy President or non‑presidential member of the Administrative Appeals Tribunal exercising a power conferred by Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), has the same protection and immunity as a Justice of the High Court. Commencement 3. (3)  An authorised officer may operate electronic equipment as mentioned in subsection (1) or (2) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (1)  The Secretary may dispose of a thing seized under this Part if: (a)  the Secretary has taken reasonable steps to return the thing to a person; and, (i)  the Secretary has been unable to locate the person; or. of tobacco products that do not comply with any requirements specified in the regulations (see Chapter 3). means a person appointed under section 81 as an authorised officer. Civil penalty:          2,000 penalty units. (2)  However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order. Abstract Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material. (5)  Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions in this Act, does not make the Crown liable to be subject to civil proceedings for a contravention of a civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. (4)  Notice of the withdrawal of the infringement notice must be given to the person. (1)  The Secretary must issue an identity card to an authorised officer. Australia, with the enactment of the Tobacco Plain Packaging Act on 12 December 2011, became the first country in the world to require tobacco products to be sold in plain packaging. (4)  Subsection (3) does not apply to the extent (if any) that its application would infringe section 92 of the Constitution. Note:          For the requirements for wrappers, inserts and onserts, see sections 22 and 23. (3)  A cigarette pack must comply with the following requirements: (a)  the dimensions of the pack must comply with the requirements prescribed by the regulations; (b)  the only opening to the pack must be a flip‑top lid which must: (i)  be hinged only at the back of the pack; and. (4)  An issuing officer who is a Judge of a court created by the Parliament, or a Federal Magistrate, exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power: (a)  as the court of which the issuing officer is a member; or. cigarette pack means any container for retail sale in which cigarettes are directly placed. 62  Details of warrant etc. (Division 2 of Part 2 of Chapter 5 has rules about bringing civil proceedings and criminal proceedings.). Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). 7  References to contraventions of civil penalty provisions, (i)  a contravention of a civil penalty provision; or, (ii)  a person contravening a civil penalty provision; and. Introduction of tobacco plain packaging in Australia About plain packaging Since 1 December 2012, all tobacco products sold, offered for sale, or supplied in Australia must be in plain packaging. The retail packaging of tobacco products must not include any features designed to change the packaging after retail sale, including (without limitation) the following: (b)  inks or embellishments designed to appear gradually over time; (c)  inks that appear fluorescent in certain light; (d)  panels designed to be scratched or rubbed to reveal an image or text; Division 2—Requirements for appearance of tobacco products, 26  Requirements for appearance of tobacco products. (e)     retail packaging after retail sale. Note:          See subsections (2) and (3) for exceptions to this rule. tobacco product requirement means the following requirements in relation to the retail packaging or appearance of tobacco products: (a)  a requirement specified in Part 2 of Chapter 2; (b)  a requirement prescribed by regulations made under Part 2 of Chapter 2; (c)  if subsection 15(2) applies (acquisition of property)—a requirement prescribed by regulations made under section 15. trade description means any trade description that is required to appear on the retail packaging of tobacco products by regulations made under the Commerce (Trade Descriptions) Act 1905. variant name for a tobacco product means the name used to distinguish that kind of tobacco product from other tobacco products that are supplied under the same brand, business or company name, by reference to one or more of the following: (a)  containing or not containing menthol; (b)  being otherwise differently flavoured; (d)  having or not having filter tips or imitation cork tips; (a)  a warrant issued by an issuing officer under section 75; or. (2)  Subsection (1) does not apply to an individual who purchases the tobacco product for his or her personal use. Court. 64  Completing execution of warrant stopped by court order. 41  Purchasing tobacco products from a constitutional corporation in non‑compliant retail packaging, (a)  the person purchases a tobacco product from another person; and, (b)  the other person is a constitutional corporation; and, (c)  at the time the product is purchased, the product has been packaged for retail sale; and. (f)  any onsert that is affixed or otherwise attached to the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition). Requirements for appearance of tobacco products. 36  Certain supplies of tobacco products that have not been packaged for retail sale. Part 3—Power to require persons to give information, produce documents or answer questions, 80  Power to require persons to give information, produce documents or answer questions. (ii)  is the subject of a dispute as to ownership. (b)  the fact that the equipment may be secured for up to 24 hours. However, if this Act is not supported by that power, then this Act will apply in more limited circumstances by relying on the corporations power, the trade and commerce power and the Territories power. (b)  produce any document relating to the reasons for the authorised officer entering the premises that is requested by the authorised officer. (1)  A strict liability offence against Chapter 3 is subject to an infringement notice under Part 5 of the Regulatory Powers Act. Division 3—Obligations and incidental powers of authorised officers. The Federal Court may direct that 2 or more proceedings for civil penalty orders are to be heard together. 148, 2011 . (b)  a tobacco product that is for retail sale. First Plain Packaging of Tobacco Legislation (Nov. 21, 2011), available at. Note 1:       See section 50 in relation to the physical elements of the offence. tobacco product means processed tobacco, or any product that contains tobacco, that: (a)  is manufactured to be used for smoking, sucking, chewing or snuffing; and. means a law, or a provision of a law, that regulates the retail packaging or appearance of tobacco products. means any thing affixed or otherwise attached to packaging (within the ordinary meaning of the word), but does not include the lining of a cigarette pack if the lining complies with the requirements of this Act. has the meaning given by the Convention on Tobacco Control. (1)  This section applies if an authorised officer, and all persons assisting, who are executing a warrant in relation to premises temporarily cease its execution and leave the premises. Division 2—Non‑compliant tobacco products, 37  Selling or supplying non‑compliant tobacco products. Note:          An authorised officer is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901). (4)  A person is liable to a civil penalty if the person contravenes subsection (1). (a)  the person manufactures any of the following retail packaging of tobacco products: (ii)  a container for retail sale that contains or will contain smaller containers; (iii)  a plastic or other wrapper that covers or will cover a container or containers for retail sale; (iv)  a plastic or other wrapper that covers or will cover a tobacco product that is for retail sale; and, (b)  a tobacco product is packaged for retail sale in the retail packaging by another person; and. Note:          See also the definition of. 35  Manufacturing tobacco products that are packaged in non‑compliant retail packaging, (a)  the person (the manufacturer) manufactures a tobacco product; and, (b)  the manufacturer enters into a contract or arrangement, or arrives at an understanding, for another person to package the tobacco product for retail sale; and, (c)  the tobacco product is packaged for retail sale by the other person; and. and neither the lid, nor the edges of the lid, may be rounded, bevelled or otherwise shaped or embellished in any way; (c)  the inside lip of the cigarette pack must have straight edges, other than corners which may be rounded, and neither the lip, nor the edges of the lip, may be bevelled or otherwise shaped or embellished in any way; (d)  if the pack contains lining—the lining of the pack must be made only of foil backed with paper, or any other material prescribed by the regulations. (If there is an acquisition of property otherwise than on just terms, regulations made under section 15 might also specify requirements.). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. (2)  This Act does not exclude or limit the application of a relevant tobacco law of a State or Territory to particular conduct if: (a)  that conduct constitutes an offence against, or a contravention of a civil penalty provision in, this Act; and. It will not be amended to deal with any later amendments of this Act. (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines. package a tobacco product for retail sale has the meaning given by section 5. Issuing officer to attach documents together. Chapter 4—Powers to investigate contraventions of this Act. 32  Purchasing tobacco products in non‑compliant retail packaging, (a)  the person purchases a tobacco product; and, (b)  at the time the product is purchased, the product has been packaged for retail sale; and. The Bill mandates that retail packaging of tobacco products be a standard drab dark brown colour, with the exception of health warnings, the brand and variant name and any other relevant legislative requirements. display brand names in certain ways. (2)  However, an authorised officer is not authorised to enter the premises unless: (a)  the occupier of the premises has consented to the entry and the authorised officer has shown his or her identity card if required by the occupier; or. (1)  An issuing officer may, by writing, consent to have powers conferred by this Part. (5)  Part 2 of Chapter 3 has, by force of this subsection, the effect it would have if its operation were, by express provision, confined to a person engaging in conduct to the extent to which the conduct takes place wholly or partly in a Territory. The . (4)  A person is liable to a civil penalty if the person contravenes subsection (1). (5)  An issuing officer who is a Deputy President or non‑presidential member of the Administrative Appeals Tribunal exercising a power conferred by this Part has the same protection and immunity as a Justice of the High Court. (3)  For the purposes of subsection (2), strict liability applies to the element of the offence that the packaging is retail packaging. (2)  If a cigarette carton has one or more flaps with surfaces that become visible only when the carton is opened, those surfaces are taken to be inner surfaces of the carton. (b)  affect the liability of a person for an alleged contravention of an offence if: (i)  the person does not comply with an infringement notice given to the person for the contravention; or, (ii)  an infringement notice is not given to the person for the contravention; or, (iii)  an infringement notice is given to the person for the contravention and is subsequently withdrawn; or, (c)  prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an offence; or. 124, 2017. (2)  This Act does not exclude or limit the application of a relevant tobacco law of a State or Territory to particular conduct if: (a)  that conduct constitutes an offence against, or a contravention of a civil penalty provision in, this Act; and. (a)  the person is subject to subsection (1); and. (1)  Each civil penalty provision in this Act is enforceable under Part 4 of the Regulatory Powers Act. (1)  The search powers include the power to operate electronic equipment on the premises if the authorised officer has reasonable grounds for suspecting that: (b)  a disk, tape or other storage device that: (ii)  can be used with the equipment or is associated with it; contains evidential material referred to in paragraph 53(a) or (b). Note 1:       For offences of strict liability, see subsection 6.1(1) of the Criminal Code. (2)  A person commits an offence if the person contravenes subsection (1). 101  Matters to be included in an infringement notice, (a)  be identified by a unique number; and, (b)  state the day on which it is given; and, (c)  state the name of the person to whom the notice is given; and, (d)  state the name of the person who gave the notice; and. (c)  an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010, to the extent that the standard relates to the health effects of smoking or using tobacco products. 32.......... Purchasing tobacco products in non‑compliant retail packaging....... 33.......... Packaging tobacco products in non‑compliant retail packaging......... 34.......... Manufacturing non‑compliant retail packaging of tobacco products. (2)  Without limiting subsection (1), the regulations may, for the purposes of section 46 of the Trans‑Tasman Mutual Recognition Act 1997, declare that this Act is exempt from the operation of that Act. Refund of amount if infringement notice withdrawn, (a)  the Secretary withdraws the infringement notice; and. exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, s 17–27A, 33–36, 39, 42–46, 49–80 and 83–105: 1 Oct 2012 (s 2(1) items 2, 5, 7, 9, 11, 13) s 30–32, 37, 38, 40, 41, 47 and 48: 1 Dec 2012 (s 2(1) items 4, 6, 8, 10) Remainder: 1 Dec 2011 (s 2(1) items 1, 3, 12, 14), Federal Circuit Court of Australia (Consequential Amendments) Act 2013, Sch 1 (items 551–555): 12 Apr 2013 (s 2(1) item 2), Norfolk Island Legislation Amendment Act 2015, Sch 2 (item 348): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6), Territories Legislation Amendment Act 2016, Regulatory Powers (Standardisation Reform) Act 2017, Tobacco Plain Packaging Amendment Act 2018. s 4........................................ s 7........................................ s 9........................................ s 30...................................... s 31...................................... s 32...................................... s 33...................................... s 34...................................... s 35...................................... s 36...................................... s 37...................................... s 38...................................... s 39...................................... s 40...................................... s 41...................................... s 42...................................... s 43...................................... s 44...................................... s 45...................................... s 46...................................... s 47...................................... s 48...................................... s 49...................................... s 51...................................... Part 2................................... s 52...................................... s 53...................................... s 54...................................... s 55...................................... s 56...................................... s 57...................................... s 58...................................... s 59...................................... s 60...................................... s 61...................................... s 62...................................... s 63...................................... s 64...................................... s 65...................................... s 66...................................... s 67...................................... s 68...................................... s 69...................................... s 70...................................... s 71...................................... s 72...................................... s 73...................................... s 74...................................... s 75...................................... s 76...................................... s 77...................................... s 78...................................... s 79...................................... s 80...................................... s 81...................................... s 82...................................... s 83...................................... s 84...................................... s 85...................................... s 86...................................... s 87...................................... s 88...................................... s 89...................................... s 90...................................... s 91...................................... s 92...................................... s 93...................................... s 94...................................... s 95...................................... s 96...................................... s 97...................................... s 98...................................... s 99...................................... Part 3................................... s 100.................................... s 101.................................... s 102.................................... s 103.................................... s 104.................................... s 105.................................... Act No. (b)  a tobacco product that is for retail sale. (d)  the person is not regarded as having been convicted of the alleged offence. imitation cork tip of a cigarette means the part of the paper over the filter tip of the cigarette that is printed brown to resemble cork. [Minister’s second reading speech made in—. the front outer surface of a cigarette carton, (a) in the same orientation as the health warning; and. container includes (without limitation) any pack, carton, box, tin, packet, bag, pouch, tube or other container. (1)  The Secretary may, in writing, appoint the following persons as authorised officers: (a)  a person who is appointed or engaged under the Public Service Act 1999; (b)  a member or special member of the Australian Federal Police. (1)  To further the objects of this Act, the regulations may prescribe additional requirements in relation to: Note 1:       The objects of this Act are set out in section 3. (4)  If it is practicable to do so, before making the application, the authorised officer or person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension. (d)  whether the person has previously been found by a court in proceedings under one or more of the following to have engaged in any similar conduct: (ii)  the Crimes Act 1914 or the Criminal Code in relation to this Act. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. (b)  must not appear more than once on any of the following outer surfaces of the pack or carton: (i)  for a cigarette pack—the front, top and bottom outer surfaces of the pack; (ii)  for a cigarette carton—the front outer surface of the carton, and the 2 smallest outer surfaces of the carton; and, (c)  may appear only on the surfaces mentioned in paragraph (b); and, (d)  must appear across one line only; and. 56  Persons assisting authorised officers, Authorised officers may be assisted by other persons. Tobacco Plain Packaging Act 2011. •      Part 3 of this Chapter contains provisions relating to the constitutional basis of this Act. means any container for retail sale in which cigarettes are directly placed. Note:          For the requirements for wrappers, inserts and onserts, see sections 22 and 23. (13)  An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1). Note:          There is an exception to this subsection in section 49 (non‑compliant tobacco products for export). (1)  If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 101(h): (a)  any liability of the person for the alleged contravention is discharged; and, (b)  neither criminal proceedings, nor proceedings for a civil penalty order, may be brought in relation to the alleged contravention; and, (c)  the person is not regarded as having admitted guilt or liability for the alleged contravention; and. a cigarette pack means the part of the outer surfaces of the pack that is obscured when the flip‑top lid is closed. Chapter 2—Requirements for plain packaging and appearance of tobacco products. As of December 1, 2012, any tobacco products available for retail sale in Australia must meet plain packaging requirements. cigarette carton means any container for retail sale that contains smaller containers in which cigarettes are directly placed. (d)     supply tobacco products that are not packaged for retail sale without certain contractual prohibitions. (2)  A consent has no effect unless the consent is voluntary. (4)  For the purposes of paragraph 100(1)(c) of the Trade Marks Act 1995, an opponent is taken to have rebutted an allegation if the opponent establishes that the registered owner would have used the trade mark in Australia on or in relation to the retail packaging of tobacco products, or on tobacco products, but for the operation of this Act. (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Dr Chipty analysed smoking-related data from the Roy Morgan Single Source Survey covering January 2001 to September 2015. Requirements for relevant legislative requirements (other than health warnings). (c)  in any case—state the effect of subsection (6) (offence for failure to comply). 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