1. Point-of-sale advertising provides an opportunity for the tobacco industry to communicate with current and potential smokers. 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. (3)  A person commits an offence if the person contravenes subsection (1). 38  Purchasing non‑compliant tobacco products, 39  Manufacturing non‑compliant tobacco products, (a)  the person manufactures a tobacco product; and, Part 3—Offences and civil penalty provisions relating to constitutional corporations, 40  Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging. Note 1:       There is an exception to this subsection in section 49 (non‑compliant tobacco products for export). •      Division 1 of Part 2 sets out requirements for: (a)     the physical features of retail packaging; and, (b)     the colour and finish of retail packaging; and, (c)     marks on retail packaging (including a prohibition on trade marks generally appearing on retail packaging); and. A cigar or cigarette is an example of a product that contains tobacco. (a)  is subject to any contrary order of a court; and, (i)  is forfeited or forfeitable to the Commonwealth; or. 78 Offence relating to warrants by telephone, fax etc. (1)  Each civil penalty provision in this Act is enforceable under Part 4 of the Regulatory Powers Act. (3)  A person commits an offence of strict liability if the person contravenes subsection (1). If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. of a cigarette carton has a meaning affected by subsection 6(2). of a cigarette pack has a meaning affected by subsection 6(1). Administered by: Health. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 101  Matters to be included in an infringement notice, (a)  be identified by a unique number; and, (b)  state the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. (1)  A person contravenes this subsection if: (ii)  offers a tobacco product for sale; or, (iii)  otherwise supplies (whether or not for consideration) a tobacco product; and, (b)  at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. (3)  For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the offences mentioned in subsection (1). (2)  The issuing officer may require communication by voice to the extent that it is practicable in the circumstances. (2)  The things mentioned in subsection (1): (b)  except as provided by subsection (3): (i)  if regulations are in force prescribing a colour—must be that colour; and. (ii)  insufficient care was exercised by the person operating the equipment. Tobacco Plain Packaging Act 2011. aims to improve public health by: • discouraging people from using tobacco products (3)  The following are not required to be the colour mentioned in paragraph (2)(b): (i)  the brand, business or company name, or variant name (if any), for the tobacco products; and. Compilation date:                              6 November 2018, Includes amendments up to:            Act No. (If there is an acquisition of property otherwise than on just terms, regulations made under section 15 might also specify requirements.). (b) in the same orientation as the brand, business or company name. 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. The Tobacco Plain Packaging Bill 2011 (the Bill) seeks to prohibit the use of all tobacco industry logos, brand imagery, colours and promotional text on the retail packaging of tobacco products. Selling or supplying tobacco products in non‑compliant retail packaging                31, 32.......... Purchasing tobacco products in non‑compliant retail packaging....... 32, 33.......... Packaging tobacco products in non‑compliant retail packaging......... 33, 34.......... Manufacturing non‑compliant retail packaging of tobacco products. (5)  A person is liable to a civil penalty if the person contravenes subsection (1). Note:          Chapters 3 and 5 contain the offences and civil penalty provisions for failing to comply with a tobacco product requirement. 25  Retail packaging must not change after retail sale. (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. 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. (2)  In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary. For more information about any editorial changes made in this compilation, see the endnotes. (3)  For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (4)  Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions in this Act, extends to every external Territory. (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. (1)  The Federal Court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character. (3)  This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. 2 Compilation date: 1/7/16 Registered: 25/7/16 An Act to discourage the use of tobacco products, and for related purposes Chapter 1—Preliminary Part 1—Preliminary 1 Short title This Act may be cited as the Tobacco Plain Packaging Act 2011. (5)  If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument. (3)  An authorised officer, or person assisting, may apply to an issuing officer for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if: (a)  there is an emergency situation; and. (6)  Subsection (4) does not apply if the identity card was lost or destroyed. •      Offences and civil penalties in Chapter 3 apply in certain circumstances if retail packaging or tobacco products do not comply with the requirements. Note:          For requirements for brand, business, company or variant names, and relevant legislative requirements, see section 21. (a)  the person (the manufacturer) manufactures any of the following retail packaging of tobacco products: (b)  the retail packaging is manufactured under a contract with a constitutional corporation; and, (c)  a tobacco product is packaged for retail sale in the retail packaging by a person other than the manufacturer; and, (a)  the element of the offence that the packaging is retail packaging; and, 44  Packaging tobacco products in non‑compliant retail packaging bearing identifying mark of a constitutional corporation, (b)  the trade mark, brand, business or company name, or other identifying mark, of a constitutional corporation appears on the retail packaging; and, 45  Manufacturing non‑compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation, 46  Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale, (b)  either the person or the purchaser is a constitutional corporation; and, (c)  the product is not packaged for retail sale; and. (c)     may also contravene a civil penalty provision. 19  Colour and finish of retail packaging. Note:          There is another exception to subsection (1) in section 49 (non‑compliant tobacco products for export). (2)  Any brand, business or company name, or any variant name, for cigarettes that appears on a cigarette pack or cigarette carton: (a)  must not obscure any relevant legislative requirement; and. relevant tobacco law means a law, or a provision of a law, that regulates the retail packaging or appearance of tobacco products. (ii)  the surfaces of the pack or carton must meet at firm 90 degree angles; (c)  all edges of the pack or carton must be rigid, straight and not rounded, bevelled or otherwise shaped or embellished in any way, other than as permitted by the regulations. Products manufactured after 1 October 2012, and all on sale after 1 December 2012 must be in the plain packaging. Note 2:       Offences and civil penalties apply to the supply, purchase and manufacture etc. (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 fire risk. Note:          The text of the Convention is set out in Australian Treaty Series 2005 No. (5)  This section does not apply to a plastic or other wrapper that covers: (1)  This section sets out the requirements that a plastic or other wrapper must comply with if the wrapper covers: (a)  the retail packaging of tobacco products (within the meaning of paragraph (a) or (b) of the definition of retail packaging); or. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. (2)  Any brand, business or company name, or any variant name, for cigarettes that appears on a cigarette pack or cigarette carton: (a)  must not obscure any relevant legislative requirement; and. Sections 1 to 16 and anything in this Act not elsewhere covered by this table. •      A person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for a contravention of an offence or civil penalty provision. Australia’s Tobacco Plain Packaging Act 2011; Ireland’s Public Health (Standardised Packaging of Tobacco) Act 2014; and the public consultation documents from the UK. 64  Completing execution of warrant stopped by court order. Physical elements of offences........................................................... 51.......... Simplified outline.............................................................................. 52.......... Investigation powers......................................................................... 80.......... Power to require persons to give information, produce documents or answer questions. •      A person can be given an infringement notice for an alleged contravention of a strict liability offence. (b)  as a member of the court of which the issuing officer is a member. (4)  Any relevant legislative requirement (other than the health warnings) must comply with any requirements prescribed by the regulations. (c)  the product does not comply with a tobacco product requirement. (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. of a cigarette carton has a meaning affected by subsection 6(2). Note:          See also the definition of. 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