(1)  This Act does not exclude or limit the operation of a relevant tobacco law of a State or Territory that is capable of operating concurrently with this Act. Note:          See also the definition of container. (6)  Before making the application, the authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. 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. (1)  No trade mark may appear anywhere on a tobacco product, other than as permitted by the regulations. (3)  A consent may be expressed to be limited to entry during a particular period. 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. Authorised applicant and authorised person. No part of the retail packaging of tobacco products may make a noise, or contain or produce a scent, that could be taken to constitute tobacco advertising and promotion. (b)  the person has already paid the amount stated in the notice; the Commonwealth must refund to the person an amount equal to the amount paid. or embellished in any way, other than as permitted by the regulations. (b)  under section 92 of that Act, revoking the registration of the design. A failure to make a product that embodies a registered design merely as a result of complying with the requirements of this Act does not provide the basis for making an order: (a)  under section 90 of the Designs Act 2003, requiring the grant of a licence in relation to the design; nor. (d)  the retail packaging does not comply with a tobacco product requirement. (b)  that conduct also constitutes an offence against, or a contravention of a civil penalty provision (however described) in, the relevant tobacco law. Note:          This section does not apply to wrappers (see subsection (5)). Act means the Tobacco Plain Packaging Act 2011. bar code means a mark containing information about a product in the form of a series of bars of varying thickness designed to be read by an optical scanner. Note:          Chapters 3 and 5 contain the offences and civil penalty provisions for failing to comply with a tobacco product requirement. (3)  A person commits an offence if the person contravenes subsection (1). Civil penalty:          2,000 penalty units. This Act does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication. (i)  discouraging people from taking up smoking, or using tobacco products; and, (ii)  encouraging people to give up smoking, and to stop using tobacco products; and, (iii)  discouraging people who have given up smoking, or who have stopped using tobacco products, from relapsing; and, (iv)  reducing people’s exposure to smoke from tobacco products; and. (2)  The authorised officer must, as soon as practicable: (i)  if the warrant was issued under section 75 (ordinary warrants)—make a copy of the warrant available to the occupier or other person (which need not include the signature of the issuing officer who issued it); (ii)  if the warrant was signed under section 76 (telephone warrants)—make a copy of the form of warrant completed under subsection 76(6) available to the occupier or other person; and. Any other statement in column 2 has effect according to its terms. Note:          There is an exception to this subsection in section 49 (non‑compliant tobacco products for export). 5  Definition of package a tobacco product for retail sale. (2)  For the purposes of subsection (1), the wrapper must comply with the following requirements: (a)  the wrapper must be transparent and not coloured, marked, textured or embellished in any way, other than as permitted by the regulations; (b)  no trade mark may appear anywhere on the wrapper, other than as permitted by the regulations; (c)  no mark may appear anywhere on the wrapper, other than as permitted by the regulations. (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:          For the definition of tobacco advertising and promotion, see section 4. No. (6)  In determining the pecuniary penalty, the court may take into account all relevant matters, including: (a)  the nature and extent of the contravention; and, (b)  the nature and extent of any loss or damage suffered because of the contravention; and, (c)  the circumstances in which the contravention took place; and. (c)  the extension would not result in the period ending after the warrant ceases to be in force. •      Division 2 of Part 2 also prohibits trade marks from generally appearing on the tobacco products themselves. (iii)  otherwise supplies (whether or not for consideration) a tobacco product; (b)  that other person is a constitutional corporation; and, (c)  at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. (2)  In this Act, a reference to offering a tobacco product for sale includes (without limitation) a reference to: (a)  exposing, displaying or advertising the product for sale; and. 124, 2017. If it is necessary to do so, the authorised officer may apply for the warrant before the information is sworn or affirmed. Sections 18 to 27 have no legal effect other than to specify requirements, and provide for regulations specifying requirements, for the purposes of the definition of tobacco product requirement in subsection 4(1). (2)  A cigarette pack or cigarette carton must comply with the following requirements: (a)  the pack or carton must be rigid and made of cardboard, and only cardboard (subject to paragraphs (1)(b) and (3)(d)); (i)  each outer surface of the pack or carton must be rectangular; and. 35.......... Manufacturing tobacco products that are packaged in non‑compliant retail packaging, 36.......... Certain supplies of tobacco products that have not been packaged for retail sale. (4)  An authorised officer may require answers provided under paragraph (2)(c) to be verified by, or given on, oath or affirmation and either orally or in writing. (b)  action taken in response to each contravention. Part 2—Requirements for retail packaging and appearance of tobacco products, Division 1—Requirements for retail packaging of tobacco products, 18  Physical features of retail packaging. (b)  is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989. Note:          For offences of strict liability, see subsection 6.1(1) of the Criminal Code. (3)  To avoid doubt, any tobacco product requirement (within the meaning of paragraph (a) or (b) of the definition of, Implied freedom of political communication, Requirements for plain packaging and appearance of tobacco products, •      Division 3 of Part 2 allows additional regulations to be made in relation to the retail packaging and appearance of tobacco products. Note:          This section does not apply to wrappers (see subsection (4)). (6)  The authorised officer must then do the following: (a)  complete a form of warrant in the same terms as the warrant completed and signed by the issuing officer; (ii)  the day on which, and the time at which, the warrant was signed; (c)  send the following to the issuing officer: (i)  the form of warrant completed by the authorised officer; (ii)  the information referred to in subsection (3), which must have been duly sworn or affirmed. (1)  This Act does not exclude or limit the operation of a relevant tobacco law of a State or Territory that is capable of operating concurrently with this Act. (2)  A cigarette pack or cigarette carton must comply with the following requirements: (a)  the pack or carton must be rigid and made of cardboard, and only cardboard (subject to paragraphs (1)(b) and (3)(d)); (i)  each outer surface of the pack or carton must be rectangular; and. •      Part 2 of this Chapter specifies requirements for the retail packaging and appearance of tobacco products. (b) in the centre of the space remaining on the front outer surface beneath the health warning. (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. (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. (b)  within 14 days of so ceasing, the person does not return the person’s identity card to the Secretary. Note:          Loose tobacco for roll‑your‑own cigarettes is an example of processed tobacco. (4)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment. fire risk statement means any statement that is required to appear on the retail packaging of tobacco products by: (a)  regulation 14 of the Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008; or, (b)  a safety standard made under section 104, or declared under section 105, of Schedule 2 to the Competition and Consumer Act 2010, to the extent that the standard relates to fire risk; or. Note:          For requirements for brand, business, company or variant names, and relevant legislative requirements, see section 21. (2)  The Secretary must make the application within 6 years of the alleged contravention. (2)  It is the intention of the Parliament to contribute to achieving the objects in subsection (1) by regulating the retail packaging and appearance of tobacco products in order to: (a)  reduce the appeal of tobacco products to consumers; and, (b)  increase the effectiveness of health warnings on the retail packaging of tobacco products; and. inside lip of a cigarette pack means the part of the outer surfaces of the pack that is obscured when the flip‑top lid is closed. (2)  This Act does not make the Crown liable to be: (b)  subject to civil proceedings for a civil penalty order; or, 10  Inconsistency with other Commonwealth legislation. (ii)  the relevant legislative requirements (other than the health warnings). (c)  an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. (a)  the person is subject to subsection (1); and. (4)  This section does not apply to a plastic or other wrapper that covers: (a)  the retail packaging of tobacco products; or. (2)  Subsection (1) of this section does not affect the operation of section 97 (mistake of fact). inner surface of a cigarette carton has a meaning affected by subsection 6(2). 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. (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act. (b)  action taken in response to each contravention. (c)  to appear before a specified authorised officer to answer questions. (3)  A power exercised by a person assisting the authorised officer as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised officer. •      Part 2 of Chapter 2 specifies requirements for the retail packaging and appearance of tobacco products. (2)  This Act does not make the Crown liable to be prosecuted for an offence. (5)  Subsection (4) is an offence of strict liability. 3 Tobacco Plain Packaging Act 2011 (Cth) (Austi.). (b) in the centre of the outer surface of the pack or carton. of a cigarette pack has a meaning affected by subsection 6(1). , 2011 Contents Chapter 1—Preliminary 1 Part 1—Preliminary 1 1 Short title (b)  the product does not comply with a tobacco product requirement. 27  Regulations may prescribe additional requirements. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period. This Act extends to all the external Territories. (2)  The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on. (d)  give to an issuing officer a form of warrant under that section that is not the form of warrant that the authorised officer purported to execute. 29  Effect on the Designs Act 2003 of failure to make products as a result of this Act. (iii)  otherwise supplies (whether or not for consideration) a tobacco product; (b)  that other person is a constitutional corporation; and, (c)  at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. A person giving such assistance is a person assisting the authorised officer. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. (1)  An issuing officer may, by writing, consent to have powers conferred by this Part. (3)  A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter. any outer surface of a cigarette pack or cigarette carton, (a) horizontally and immediately below the brand, business or company name; and. means any statement that is required to appear on the retail packaging of tobacco products by: (b)  a safety standard made under section 104, or declared under section 105, of Schedule 2 to the, (c)  an information standard made under section 134, or declared under section 135, of Schedule 2 to the. insert means any thing (other than a tobacco product) placed inside 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. TABLE OF PROVISIONS Long Title CHAPTER 1--Preliminary PART 1--PRELIMINARY 1. Offence for failure to comply when entry under warrant, (a)  the person is subject to a requirement under subsection (2); and. The retail packaging of tobacco products (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging) must not have any inserts or onserts, other than as permitted by the regulations. (b)  the damage or corruption occurs because: (i)  insufficient care was exercised in selecting the person who was to operate the equipment; or. Note:          Loose tobacco for roll‑your‑own cigarettes is an example of processed tobacco. The Federal Court may not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention. (2)  If an authorised officer is authorised to enter premises by a warrant, the authorised officer may require any person on the premises to: Note:          For self‑incrimination, see section 83. 28  Effect on the Trade Marks Act 1995 of non‑use of trade mark as a result of this Act. (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. Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging, 41.......... Purchasing tobacco products from a constitutional corporation in non‑compliant retail packaging, 42.......... Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation. Tobacco Plain Packaging Act 2011 (Cth) AUS-2, JE-7 TPP Bill Explanatory Memorandum Explanatory Memorandum, Tobacco Plain Packaging Bill 2011 (b)  after receiving such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought. Tobacco Plain Packaging Act 2011 Centre of Space Interpretation July 2018 The Department of Health (the Department) is aware of potential non-compliance relating to the application of requirements in s 21(3) of the Tobacco Plain Packaging Act 2011 (the Act) to cigarette packs and cartons. (1)  Without prejudice to its effect apart from this section, this Act also has effect as provided by this section. (2A)  The Secretary may appoint a person mentioned in paragraph (1)(c) or (d) as an authorised officer only with the agreement of the State or Territory concerned. Division 1—Obtaining a civil penalty order. 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