(c)     may also contravene a civil penalty provision. (4)  Subsection (3) does not apply to the extent (if any) that its application would infringe section 92 of the Constitution. 20  Prohibition on trade marks and marks generally appearing on retail packaging. (1)  No trade mark may appear anywhere on the retail packaging of tobacco products, other than as permitted by subsection (3). First Plain Packaging of Tobacco Legislation (Nov. 21, 2011), available at. (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. to be given to occupier, 63 Completing execution of warrant after temporary cessation, 64 Completing execution of warrant stopped by court order, 65 Expert assistance to operate electronic equipment, 66 Compensation for damage to electronic equipment, 67 Occupier entitled to observe execution of warrant, 68 Occupier to provide authorised officer with facilities and assistance, 69 Copies of seized things to be provided, 72 Issuing officer may permit a seized thing to be retained, 74 Compensation for acquisition of property. Definition of package a tobacco product for retail sale 6. (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act. (d)     supply tobacco products that are not packaged for retail sale without certain contractual prohibitions. (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. (b)  action taken in response to each contravention. Note:          Section 92 of the Constitution requires trade among the States to be absolutely free. (b)  contain a recent photograph of the authorised officer. Note:          See section 7 for references to contraventions of civil penalty provisions. Note:          The text of the Convention is set out in Australian Treaty Series 2005 No. (7)  Part 5 of the Regulatory Powers Act, as that Part applies in relation to the offences mentioned in subsection (1), does not make the Crown liable to be given an infringement notice. (2)  However, in the case of an individual none of the following is admissible in evidence against the individual in criminal proceedings: (a)  the information given, the document produced or the answer given; (b)  giving the information, producing the document or answering the question; (c)  any information, document or thing obtained as a direct or indirect consequence of giving the information, producing the document or answering the question. any outer surface of a cigarette pack or cigarette carton (other than a front outer surface). (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. (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. (3)  A person commits an offence if the person contravenes subsection (1). •      Division 3 of Part 2 allows additional regulations to be made in relation to the retail packaging and appearance of tobacco products. (5)  A person commits an offence of strict liability if the person contravenes subsection (1). (2)  If the application is made before the end of that period, the Secretary may, in writing, extend that period. 68  Occupier to provide authorised officer with facilities and assistance. 52  Authorised officer may enter premises by consent or under a warrant. (b)  produce any document relating to the reasons for the authorised officer entering the premises that is requested by the authorised officer. (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. Dr Chipty analysed smoking-related data from the Roy Morgan Single Source Survey covering January 2001 to September 2015. Australia - Tobacco Plain Packaging Final Ruling. Note 2:       Other grammatical forms of the word package (such as packaged) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). (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. (f)  to revoke the registration of the trade mark. Note:          For strict liability in relation to a physical element of an offence, see subsection 6.1(2) of the Criminal Code. Note 1:       For offences of strict liability, see subsection 6.1(1) of the Criminal Code. has the same meaning as in the Regulatory Powers Act. 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. of tobacco products that do not comply with any requirements specified in the regulations (see Chapter 3). Note:          See section 50 in relation to the physical elements of the offence. Part 2—Civil penalties and infringement notices. (c)  trade or commerce within a Territory, between a State and a Territory or between 2 Territories. Australia includes all the external Territories. •      Authorised officers are appointed by the Secretary under Part 4 of this Chapter. (2)  A consent has no effect unless the consent is voluntary. (2)  No mark may appear anywhere on the retail packaging of tobacco products, other than as permitted by subsection (3). (f)  state that the following amount is payable under the notice: (i)  if the person is a body corporate—60 penalty units; (g)  give an explanation of how payment of the amount is to be made; and, (h)  state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) neither criminal proceedings, nor proceedings for a civil penalty order, will be brought in relation to the alleged contravention; and, (i)  state that payment of the amount is not an admission of guilt or liability; and, (j)  state that the person may apply to the Secretary to have the period in which to pay the amount extended; and, (k)  state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention, or proceedings for a civil penalty order may be brought in relation to the alleged contravention; and, (l)  set out how the notice can be withdrawn; and. 148 of 2011 as amended, taking into account amendments up to Tobacco Plain Packaging Amendment Act 2018, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. (1)  A reference in this Act to an outer surface of a cigarette pack (such as the front outer surface) is a reference to all of that outer surface, including the part of that outer surface that forms part of the flip‑top lid. (5)  After completing and signing the warrant, the issuing officer must inform the authorised officer, by telephone, fax or other electronic means, of: (b)  the day on which, and the time at which, the warrant was signed. (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. Australia includes all the external Territories. (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. 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. (3)  A person commits an offence if the person contravenes subsection (1). Selling or supplying tobacco products in non‑compliant retail packaging                33, 32.......... Purchasing tobacco products in non‑compliant retail packaging....... 34, 33.......... Packaging tobacco products in non‑compliant retail packaging......... 35, 34.......... Manufacturing non‑compliant retail packaging of tobacco products. (Division 3 of Part 4 of the Regulatory Powers Act has rules about bringing civil proceedings and criminal proceedings.). (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. (c)  to appear before a specified authorised officer to answer questions. (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. (3)  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 in the course of, or in relation to, constitutional trade or commerce. the Trade Marks Amendment (Tobacco Plain Packaging) Act 2011; and any related measures adopted by Australia, including measures that implement, complement or add to these laws and regulations, as well as any measures that amend or replace these laws and regulations. (n)  state that the person may make written representations to the Secretary seeking the withdrawal of the notice. (6)  Subsection (4) does not apply if the identity card was lost or destroyed. In June 2011, Philip Morris International announced that it was using ISDS provisions in the Australia-Hong Kong Bilateral Investment treaty (BIT) to demand compensation for Australia's plain cigarette packaging anti-smoking legislation. It was one of several tobacco companies to launch legal action against the Australian Government. •      An authorised officer can require information or documents to be produced under Part 3 of this Chapter. 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. (ii)  who has responsibilities in relation to health matters or in relation to compliance and enforcement in tobacco control matters; (d)  a member of the police force or police service of a State or Territory. (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. (7)  The authorised officer must comply with paragraph (6)(c) by the end of the day after the earlier of the following: (a)  the day on which the warrant ceases to be in force; (b)  the day on which the warrant is executed. (b)  under section 92 of that Act, revoking the registration of the design. Administered by: Health. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. The following is a simplified outline of this Chapter: •      Part 1 of this Chapter contains definitions and general rules about the operation of this Act. (2)  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 that is a constitutional corporation. (b)  is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989. (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. 65  Expert assistance to operate electronic equipment. (2)  The occupier of the premises, or another person who apparently represents the occupier and who is present when the warrant is executed, may request the authorised officer to give a copy of the thing or the information to the occupier or other person. •      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. 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. (a)  require an infringement notice to be given to a person for an alleged contravention of an offence; or. The Tobacco Plain Packaging Act 2011 (TPP Act) requires tobacco companies to use plain packaging and graphic health warnings instead of branded packaging. A person packages a tobacco product for retail sale if: (a)  the person places the tobacco product directly into a container for retail sale; or, (b)  the person places a container, in which the tobacco product has been directly placed, into a larger container for retail sale; or, (c)  the person covers the retail packaging of the tobacco product (within the meaning of paragraph (a) or (b) of the definition of retail packaging) with a plastic or other wrapper; or, (d)  the person covers the tobacco product, being a tobacco product that is for retail sale, with a plastic or other wrapper; or, (e)  the person places an insert inside the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging); or. The TPP Regulations were made on 7 December 2011 and amended by the Tobacco Plain Packaging Amendment Regulation (b)  the person fails to comply with that subsection. (b)  in respect of a contravention of a civil penalty provision: (i)  any thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or, (ii)  any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the contravention of the civil penalty provision; or. (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. (i)  specify the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and, (ii)  specify the manner in which the person is required to comply with the notice; and, (b)  if paragraph (2)(c) applies—specify a time and place at which the person is to appear; and. That Division also sets out the relationship between this Act, the, Requirements for retail packaging and appearance of tobacco products, Requirements for retail packaging of tobacco products, (c)  all edges of the pack or carton must be, rigid, straight and not rounded, bevelled or otherwise shaped. 54  Powers relating to electronic equipment. (3)  To avoid doubt, for the purposes of sections 38 and 84A of the Trade Marks Act 1995, and regulations 17A.27 and 17A.42A of the Trade Marks Regulations 1995: (b)  the circumstance that a person is prevented, by or under this Act, from using a trade mark on or in relation to the retail packaging of tobacco products, or on tobacco products; are not circumstances that make it reasonable or appropriate: (d)  to revoke the acceptance of an application for registration of the trade mark; or, (e)  to register the trade mark subject to conditions or limitations; or. (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. (1)  If the operation of section 73 would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person. (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). (2)  For the purposes of Part 5 of the Regulatory Powers Act, an authorised officer is an infringement officer in relation to the offences mentioned in subsection (1). Note:          Offences and civil penalties apply to the supply, purchase and manufacture etc. (5)  A person commits an offence of strict liability if the person contravenes subsection (1). 6  Rules relating to surfaces of cigarette packs and cigarette cartons. (e)  must comply with the requirements in the table in subsection (3). (2)  The authorised officer, and persons assisting, may complete the execution of the warrant if: (b)  the officers and persons assisting are absent from the premises: (ii)  if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under subsection (5); or. Subsection (1) of any of sections 31 to 48 (other than section 36 or 46) does not apply if: (i)  engages in the conduct to which that subsection applies in relation to a tobacco product; or, (ii)  manufactures retail packaging, and a tobacco product is packaged for retail sale in the retail packaging by another person; and, (b)  a contract or arrangement has been entered into, or an understanding has been arrived at, for the tobacco product to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and, (c)  the relevant person engages in that conduct, or manufactures that retail packaging, in the course of, or for the purposes of, the tobacco product being exported; and. means any information that is required to appear on the retail packaging of tobacco products by regulations made under the. a tobacco product for sale has a meaning affected by subsection (2) of this section. (b)  had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision. 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. 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. Note:          Part 2 of Chapter 3 contains general offences and civil penalty provisions for non‑compliant retail packaging and tobacco products. (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). 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. container includes (without limitation) any pack, carton, box, tin, packet, bag, pouch, tube or other container. 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. •      This Act does not apply to the extent that its operation would infringe certain constitutional protections (such as by acquiring property otherwise than on just terms). Note:          This section does not apply to wrappers (see subsection (4)). Note:          The exemption operates for a period of up to 12 months (see subsection 46(4) of that Act). (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. Note:          Offences and civil penalties apply to the supply, purchase and manufacture etc. (b)  inform the occupier or other person of the rights and responsibilities of the occupier or other person under Division 4. (b)  as a member of the court of which the issuing officer is a member. Tobacco Plain Packaging Act 2011. (1)  A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if: (a)  at or before the time of the conduct constituting the contravention, the person: (i)  considered whether or not facts existed; and, (ii)  was under a mistaken but reasonable belief about those facts; and. not display logos, brand images or promotional text. This Act extends to all the external Territories. The endnotes provide information about this compilation and the compiled law. Note:          SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. (ii)  the relevant legislative requirements (other than the health warnings). If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. 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