{"id":"C2023A00119","name":"Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023","slug":"public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"119 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436388,"registerId":"C2023A00119-fast-fetch-1775953599167","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nPublic Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023\n\n \n\nNo. 119, 2023\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Public Health (Tobacco and Other Products) Act 2023, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Repeals and consequential amendments\n\nPart 1—Repeals\n\nTobacco Advertising Prohibition Act 1992\n\nTobacco Plain Packaging Act 2011\n\nPart 2—Consequential amendments\n\nBroadcasting Services Act 1992\n\nCompetition and Consumer Act 2010\n\nCriminal Code Act 1995\n\nSocial Security (Administration) Act 1999\n\nTaxation Administration Act 1953\n\nTrade Marks Act 1995\n\nSchedule 2—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Tobacco and e‑cigarette sponsorships\n\nPart 3—Tobacco product requirements—transitional arrangements\n\nDivision 1—Preliminary\n\nDivision 2—Main transitional arrangements\n\nDivision 3—Extended transitional arrangements for retailers\n\nPart 4—Tobacco product requirements—application of new measures\n\nDivision 1—Preliminary\n\nDivision 2—Application of new tobacco product requirements\n\nPart 5—Reporting\n\nPart 6—Administration\n\nPart 7—Transitional rules\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nPublic Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023\n\nNo. 119, 2023\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Public Health (Tobacco and Other Products) Act 2023, and for related purposes\n\n[Assented to 14 December 2023]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023.\n\n2  Commencement\n\n (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. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 14 December 2023\n- 2. Schedules 1 and 2 At the same time as section 3 of the Public Health (Tobacco and Other Products) Act 2023 commences.However, the provisions do not commence at all if that section does not commence. 1 April 2024\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Repeals and consequential amendments\n\nPart 1—Repeals\n\nTobacco Advertising Prohibition Act 1992\n\n1  The whole of the Act\n\nRepeal the Act.\n\nTobacco Plain Packaging Act 2011\n\n2  The whole of the Act\n\nRepeal the Act.\n\nPart 2—Consequential amendments\n\nBroadcasting Services Act 1992\n\n3  Paragraph 7(1)(a) of Schedule 2\n\nOmit “Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement”.\n\n4  Paragraph 8(1)(a) of Schedule 2\n\nOmit “Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement”.\n\n5  Paragraph 9(1)(a) of Schedule 2\n\nOmit “Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement”.\n\n6  Paragraph 10(1)(a) of Schedule 2\n\nOmit “Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement”.\n\n7  Paragraph 11(1)(a) of Schedule 2\n\nOmit “Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement”.\n\n8  Clause 6 of Schedule 6\n\nBefore “For the”, insert “(1)”.\n\n9  Clause 6 of Schedule 6\n\nOmit “(other than the Tobacco Advertising Prohibition Act 1992)”.\n\n10  At the end of clause 6 of Schedule 6\n\nAdd:\n\n (2) Nothing in subclause (1) prevents a matter provided on the datacasting service from constituting the publication of a tobacco advertisement or an e‑cigarette advertisement for the purposes of the Public Health (Tobacco and Other Products) Act 2023.\n\n11  Paragraph 24(1)(b) of Schedule 6\n\nOmit “Tobacco Advertising Prohibition Act 1992, transmit a tobacco advertisement”, substitute “Public Health (Tobacco and Other Products) Act 2023, transmit a tobacco advertisement or an e‑cigarette advertisement”.\n\nCompetition and Consumer Act 2010\n\n12  Section 87D (definition of smoking)\n\nOmit “Tobacco Advertising Prohibition Act 1992”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\n13  Section 87D (definition of tobacco product)\n\nOmit “Tobacco Advertising Prohibition Act 1992”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\n14  Section 130 (definition of smoking)\n\nOmit “Tobacco Advertising Prohibition Act 1992”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\n15  Section 130 (definition of tobacco product)\n\nOmit “Tobacco Advertising Prohibition Act 1992”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\nCriminal Code Act 1995\n\n16  Paragraph 320.2(2)(b) of the Criminal Code\n\nOmit “section 8 of the Tobacco Advertising Prohibition Act 1992”, substitute “the Public Health (Tobacco and Other Products) Act 2023”.\n\nSocial Security (Administration) Act 1999\n\n17  Section 123TC (definition of tobacco product)\n\nRepeal the definition, substitute:\n\ntobacco product means:\n\n (a) a tobacco product within the meaning of the Public Health (Tobacco and Other Products) Act 2023; or\n\n (b) an e‑cigarette product (within the meaning of that Act) that contains tobacco.\n\nTaxation Administration Act 1953\n\n18  Paragraph 308‑55(1)(a) in Schedule 1\n\nOmit “Chapter 2 of the Tobacco Plain Packaging Act 2011”, substitute “Chapter 3 of the Public Health (Tobacco and Other Products) Act 2023”.\n\n19  Paragraph 308‑55(1)(b) in Schedule 1\n\nOmit “mentioned in sections 26 and 27 of the Tobacco Plain Packaging Act 2011”, substitute “for a tobacco product in Chapter 3 of the Public Health (Tobacco and Other Products) Act 2023”.\n\n20  After paragraph 308‑55(1)(e) in Schedule 1\n\nInsert:\n\n (ea) a permanent ban under Chapter 4 of the Public Health (Tobacco and Other Products) Act 2023 applies to the tobacco;\n\nTrade Marks Act 1995\n\n21  Subsection 231(2) (note)\n\nOmit “Tobacco Plain Packaging Act 2011”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\n22  Section 231A (heading)\n\nOmit “Tobacco Plain Packaging Act 2011”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\n23  Subsection 231A(1)\n\nOmit “Tobacco Plain Packaging Act 2011”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\n24  Subsection 231A(1) (note)\n\nOmit “Section 28 of the Tobacco Plain Packaging Act 2011”, substitute “Section 121 of the Public Health (Tobacco and Other Products) Act 2023”.\n\n25  Subsection 231A(2)\n\nOmit “Tobacco Plain Packaging Act 2011”, substitute “Public Health (Tobacco and Other Products) Act 2023”.\n\nSchedule 2—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\n1  Definitions\n\n(1) In this Schedule:\n\ncommencement day means the day section 3 of the new Act commences.\n\nmain transition period means the period of 12 months beginning on the commencement day.\n\nnew Act means the Public Health (Tobacco and Other Products) Act 2023.\n\nold TPP Act means the Tobacco Plain Packaging Act 2011.\n\nretailer transition period means the period of 3 months beginning immediately after the end of the main transition period.\n\nTobacco Information Standard means the Competition and Consumer (Tobacco) Information Standard 2011.\n\n(2) An expression used in this Schedule that is also used in the new Act has the same meaning in this Schedule as it has in the new Act.\n\n2  Section 7 of the Acts Interpretation Act 1901\n\nThis Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeals and amendments made by this Act.\n\nPart 2—Tobacco and e‑cigarette sponsorships\n\n3  Prohibition of tobacco sponsorships—application\n\nSection 38 of the new Act applies in relation to:\n\n (a) a contribution made; or\n\n (b) an arrangement, agreement or understanding that is entered into; or\n\n (c) a promise or undertaking that is given;\n\non or after the commencement day.\n\n4  Prohibition of e‑cigarette sponsorships—application\n\nSection 65 of the new Act applies in relation to:\n\n (a) a contribution made; or\n\n (b) an arrangement, agreement or understanding that is entered into; or\n\n (c) a promise or undertaking that is given;\n\non or after the commencement day.\n\nPart 3—Tobacco product requirements—transitional arrangements\n\nDivision 1—Preliminary\n\n5  Purpose of this Part\n\nThis Part makes provision for transitional arrangements in relation to certain tobacco product requirements in Chapter 3 of the new Act during the main transition period.\n\nNote: Division 3 extends these arrangements for retailers by a further 3 months.\n\nDivision 2—Main transitional arrangements\n\n6  Plain packaging—physical features\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of section 18 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of section 74 of the new Act.\n\n7  Plain packaging—colour and finish\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of section 19 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of subsection 75(1) of the new Act.\n\n8  Plain packaging—marks\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of section 20 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of section 77 (except insofar as it relates to brand names or variant names) of the new Act.\n\n9  Plain packaging—brand names and variant names\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of section 21 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of section 77, insofar as it relates to brand names or variant names, of the new Act.\n\n10  Plain packaging—health warnings\n\n(1) This item applies if, subject to subitem (2), the retail packaging of tobacco products complies with the requirements of the Tobacco Information Standard, as in force immediately before the commencement day.\n\n(2) If the retail packaging of cigarettes or other smoked tobacco products displays the combinations of health warnings required by:\n\n (a) Part 3 (first set of health warnings) of the Tobacco Information Standard; or\n\n (b) Part 4 (second set of health warnings) of that Standard;\n\n then, despite section 9.5 of the Standard, for the purposes of subitem (1), the retail packaging is taken to comply with the requirements of the Standard.\n\n(3) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of subsection 78(1) of the new Act.\n\n11  Plain packaging—mandatory markings\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of:\n\n (a) section 20; and\n\n (b) subsection 21(4);\n\n of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of section 79 of the new Act.\n\n12  Plain packaging—wrappers\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of section 22 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements of section 80 of the new Act.\n\n13  Plain packaging—inserts and onserts (other than health promotion inserts)\n\n(1) This item applies if the retail packaging of tobacco products complies with the requirements of section 23 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the retail packaging is taken to comply with the requirements (other than in relation to health promotion inserts) of subsections 82(1) and (2) of the new Act.\n\nNote: For application provisions in relation to the health promotion inserts required to be included in retail packaging by paragraph 82(1)(a) of the new Act, see item 20.\n\n14  Tobacco products—appearance and physical features (other than prohibited terms)\n\n(1) This item applies if a tobacco product complies with the requirements of section 26 of the old TPP Act, as in force immediately before the commencement day.\n\n(2) For the purposes of the new Act, during the main transition period, the tobacco product is taken to comply with the requirements of subsections 86(2), (3) and (4) of the new Act.\n\nNote 1: For application provisions in relation to the appearance of prohibited terms on tobacco products, see item 22.\n\nNote 2: For application provisions in relation to the dimensions of a cigarette, see item 23.\n\nNote 3: For application provisions in relation to filter tips in tobacco products, see item 24.\n\nDivision 3—Extended transitional arrangements for retailers\n\n15  Scope of Division\n\nApplication\n\n(1) This Division applies in relation to a person (a retailer) who, on or after the commencement day:\n\n (a) sells tobacco products by retail sale; or\n\n (b) offers such products for retail sale.\n\nSell‑through provisions\n\n(2) This Division applies in relation to the following provisions (the sell‑through provisions) of the new Act:\n\n (a) section 94 (selling or supplying tobacco products in non‑compliant retail packaging);\n\n (b) section 96 (possessing tobacco products in non‑compliant retail packaging);\n\n (c) section 108 (selling or supply tobacco products in non‑compliant retail packaging to a constitutional corporation);\n\n (d) section 110 (possessing tobacco products in non‑compliant retail packaging obtained from a constitutional corporation).\n\n16  Extended transitional arrangements for retailers\n\nA retailer who engages in conduct does not contravene a sell‑through provision in relation to a tobacco product requirement that applies to a tobacco product under the new Act if:\n\n (a) the retailer engages in the conduct during the retailer transition period; and\n\n (b) the tobacco product requirement relates to the retail packaging of tobacco products; and\n\n (c) the tobacco product was supplied to the retailer in the retail packaging before the start of the retailer transition period; and\n\n (d) at the time of that supply, the retail packaging of the tobacco product was taken to comply with the tobacco product requirement because of the operation of Division 2 of this Part.\n\nPart 4—Tobacco product requirements—application of new measures\n\nDivision 1—Preliminary\n\n17  Purpose of this Part\n\nThis Part makes provision for the application of certain tobacco product requirements in Chapter 3 of the new Act after the end of the main transition period.\n\nDivision 2—Application of new tobacco product requirements\n\n18  Plain packaging—standardisation\n\nThe tobacco product requirement in section 76 of the new Act applies in relation to the retail packaging of tobacco products after the end of the main transition period.\n\n19  Plain packaging—prohibited tobacco product accessories\n\nThe tobacco product requirement in section 81 of the new Act applies in relation to the retail packaging of tobacco products after the end of the main transition period.\n\n20  Plain packaging—health promotion inserts\n\nThe tobacco product requirement in paragraph 82(1)(a) of the new Act, insofar as it relates to health promotion inserts, applies in relation to the retail packaging of tobacco products after the end of the main transition period.\n\n21  Prohibited terms—brand names and variant names\n\nThe tobacco product requirement in section 85 of the new Act applies in relation to brand names and variant names of tobacco products after the end of the main transition period.\n\n22  Tobacco products—appearance of prohibited terms\n\nThe tobacco product requirement in subsection 86(1) of the new Act applies in relation to tobacco products after the end of the main transition period.\n\n23  Tobacco products—physical features (dimensions of a cigarette)\n\nThe tobacco product requirement in subsection 86(4) of the new Act, insofar as it relates to the dimensions of a cigarette, applies in relation to cigarettes after the end of the main transition period.\n\nNote: Subsection 86(4) of the new Act allows the regulations to prescribe requirements in relation to the physical features of a tobacco product, such as the dimensions of a cigarette.\n\n24  Tobacco products—physical features (filter tips)\n\nThe tobacco product requirement in subsection 86(4) of the new Act, insofar as it relates to filter tips, applies in relation to filter tips after the end of the main transition period.\n\nNote: Subsection 86(4) of the new Act allows the regulations to prescribe requirements in relation to the physical features of a tobacco product, such as filter tips.\n\n25  Tobacco products—contents (ingredients)\n\nThe tobacco product requirement in section 87 of the new Act applies in relation to tobacco products after the end of the main transition period.\n\n26  Tobacco products—prohibited devices\n\nThe tobacco product requirement in section 88 of the new Act applies in relation to tobacco products after the end of the main transition period.\n\n27  Tobacco product accessories—prohibited functions\n\nThe tobacco product requirement in section 91 of the new Act applies in relation to tobacco product accessories after the end of the main transition period.\n\nPart 5—Reporting\n\n28  Reporting entities—financial year reports\n\n(1) This item applies in relation to the obligation of a reporting entity to give a report to the Secretary under the following provisions of the new Act:\n\n (a) section 131 (tobacco product ingredients);\n\n (b) section 132 (tobacco product volumes);\n\n (b) section 133 (marketing and promotional expenditure).\n\n(2) The obligations of the reporting entity apply in relation to:\n\n (a) the 2024‑2025 financial year; and\n\n (b) each later financial year.\n\nPart 6—Administration\n\n29  Compliance and enforcement\n\n(1) Parts 6.2 and 6.3 of the new Act and any related provisions apply for the purposes of ensuring compliance with this Schedule.\n\n(2) For the purposes of subitem (1), Parts 6.2 and 6.3 apply as if references to “this Act” in those Parts included a reference to this Schedule and any rules made under item 33 of this Schedule.\n\nNote: Parts 6.2 and 6.3 of the new Act deal with the appointment and powers of authorised officers, and trigger monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014.\n\n(3) A reference in Part 6.2 or 6.3 of the new Act, as it applies under this item, to that Part or a provision of that Part is to be read as a reference to that Part or that provision as it applies under this item.\n\n30  Reports under repealed Tobacco Advertising Prohibition Act 1992\n\nDespite the repeal of the Tobacco Advertising Prohibition Act 1992, section 34A of that Act continues to apply in relation to the financial year ending on 30 June 2024.\n\n31  Reports under old TPP Act\n\nDespite the repeal of the old TPP Act, section 108 of that Act continues to apply in relation to the financial year ending on 30 June 2024.\n\n32  Reports under new Act\n\nSection 184 of the new Act applies in relation to:\n\n (a) the 2023‑2024 financial year; and\n\n (b) each later financial year.\n\nPart 7—Transitional rules\n\n33  Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n\n (b) the enactment of the new Act.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund;\n\n (e) directly amend the text of this Act or the new Act.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).\n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 13 September 2023\n\nSenate on 19 October 2023]\n\n(116/23)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the function described in its title and long title — consequential amendments and transitional provisions. It does not expand beyond its stated purpose of managing the transition from old tobacco laws to the new consolidated regime. The scope remains tightly focused on technical amendments, repeal mechanics, and time-limited transitional arrangements."},"complexity_factors":["Extensive cross-referencing: Updates references across 6 separate Commonwealth Acts and repeals 2 others","Layered transitional timelines: Creates overlapping periods (12-month main transition + 3-month retailer sell-through period) with different rules applying to different parties","Conditional compliance logic: 15 separate 'grandfathering' provisions (items 6-14) that deem old packaging compliant with new law only if it met specific sections of the repealed 2011 Act","Nested application rules: New tobacco product requirements (items 18-27) have staggered commencement tied to 'the end of the main transition period' rather than fixed dates","Dual reporting regimes: Preserves reporting obligations under both repealed and new Acts for overlapping financial years (items 30-32)","Delegated legislative power: Item 33 grants broad rule-making authority for transitional matters, subject to 5 specific prohibitions","Incorporation by reference: Heavy reliance on definitions and concepts from the 'new Act' (Public Health (Tobacco and Other Products) Act 2023) which are not reproduced in this text"],"plain_english_summary":"This legislation is the 'clean-up crew' for Australia's new tobacco and vaping laws. It doesn't create new smoking rules itself — instead, it makes sure the old system smoothly transitions to the new one.\n\n**What it actually does:**\n\n- **Repeals two old laws**: The *Tobacco Advertising Prohibition Act 1992* and the *Tobacco Plain Packaging Act 2011* are completely scrapped, since their content has been moved into the new *Public Health (Tobacco and Other Products) Act 2023*.\n\n- **Updates references across six other laws**: It goes through the *Broadcasting Services Act*, *Competition and Consumer Act*, *Criminal Code*, *Social Security Act*, *Taxation Administration Act*, and *Trade Marks Act* — replacing old references to the repealed tobacco laws with references to the new 2023 Act. This ensures e-cigarette (vaping) advertising bans are now covered too.\n\n- **Provides grace periods for businesses**: \n  - **12-month 'main transition period'**: Tobacco companies can keep selling products in old-style packaging that met the 2011 rules, even if it doesn't yet meet the stricter 2023 standards.\n  - **Extra 3-month 'retailer transition period'**: Shops get an additional three months to sell through old stock they already had in their warehouses.\n\n- **Staggers new requirements**: Some stricter rules (like standardised packaging sizes, health promotion inserts inside packs, and bans on certain filter tips) only kick in after the 12-month transition ends.\n\n- **Keeps reporting obligations alive**: Companies must still submit their final reports under the old laws for the 2023-24 financial year, then switch to the new reporting system from 2024-25 onwards.\n\n**Who it affects:** Tobacco manufacturers, importers, retailers, broadcasters, and anyone who handles tobacco or e-cigarette products. It gives them time to adapt without being caught out by sudden legal changes.\n\n**Why it matters:** Without this 'bridge' legislation, there would be gaps in the law, conflicting requirements, or sudden criminal liability for selling previously legal products. It ensures Australia's tobacco control regime remains enforceable while businesses adjust to tougher new standards."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes scope by repealing earlier tobacco advertising and plain packaging Acts and consolidating regulation under the new Public Health (Tobacco and Other Products) Act 2023 (Schedule 1 items 1–2). It explicitly broadens regulation to cover e‑cigarette advertising and sponsorship (Schedule 1 consequential edits to broadcasting provisions and Schedule 2 items 3–4), and replaces prior plain‑packaging references with the new Act’s packaging, product and reporting requirements while layering time‑limited transitional arrangements (Schedule 2 items 1, 6, 15–16, 18–27, 28, 33)."},"complexity_factors":["Multiple repeals and cross‑Act amendments: full repeal of two prior Acts and edits across several Commonwealth Acts (Schedules 1 Part 1 & Part 2 items 1–25).","Extensive cross‑referencing to the new Public Health (Tobacco and Other Products) Act 2023, requiring readers to consult the new Act to understand substantive obligations (Schedule 1 consequential amendments and Schedule 2 references).","Layered transitional regime with precise periods and roles: definitions establish a 12‑month main transition and a 3‑month retailer transition (Schedule 2 items 1, 5–6, 15–16), creating time‑limited exceptions (sell‑through rules).","Differentiated compliance rules by actor and product: separate rules for sponsorships, packaging features, prohibited terms, physical features and ingredients, and reporting obligations (Schedule 2 Parts 2–5, items 3–4, 6–13, 18–27, 28).","Delegated transitional rule‑making power with express limits: Minister may make legislative instruments for transitional matters but may not create offences, detention/search powers, taxes, appropriations, or directly amend the Acts (Schedule 2 item 33(1)–(4)).","Enforcement and administrative integration: Parts 6.2 and 6.3 of the new Act (authorised officers and regulatory powers) apply to this Schedule for compliance and investigation (Schedule 2 item 29).","Interplay with existing standards and reporting regimes: continued application or adaptation of the Tobacco Information Standard for health warnings and specified reporting years for mandated returns (Schedule 2 items 10, 28–32).","Transitional complexity for supply chains and retail stock: sell‑through relies on proof that packaging complied with old plain packaging rules at supply time, imposing recordkeeping and evidentiary burdens on retailers and suppliers (Schedule 2 items 6–16)."],"plain_english_summary":"This Act repeals the Tobacco Advertising Prohibition Act 1992 and the Tobacco Plain Packaging Act 2011, updates a range of Commonwealth laws to reference the new Public Health (Tobacco and Other Products) Act 2023, and establishes transitional and consequential arrangements for packaging, advertising/sponsorship (including e‑cigarettes), reporting and enforcement. \n\nIt affects manufacturers, importers, broadcasters, retailers, sponsors and reporting entities by changing compliance obligations and timelines (a 12‑month main transition plus a 3‑month retailer sell‑through), and gives the Minister limited rule‑making power for transitional matters."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20","history":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20/history","analysis":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20/analysis","conflicts":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20/conflicts","importantCases":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20/important-cases","documents":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-act-20/documents"}}