{"id":"F2024L01270","name":"Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024","slug":"public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105388,"registerId":"commonwealth-F2024L01270-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

5 October 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in Schedule 2 to the transitional Act, including the following:\n\n (a) commencement day;\n (b) main transition period;\n (c) old TPP Act.\n (1) In this instrument:\n\n> new Act means the Public Health (Tobacco and Other Products) Act 2023.\n\n> new measure transition period means the period starting on 1 April 2025 and ending on 30 June 2025.\n\n> new regulations means the Public Health (Tobacco and Other Products) Regulations 2024.\n\n> on‑product health message has the same meaning as in the new regulations.\n\n> transitional Act means the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023.\n\n (2) An expression used in this instrument that is also used in the new Act has the same meaning in this instrument as it has in the new Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Health promotion inserts may be inserted in retail packaging during main transition period","content":"#### 5 Health promotion inserts may be inserted in retail packaging during main transition period\n\n Scope\n (1) This section applies in relation to the retail packaging of tobacco products (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging in section 71 of the new Act).\n Health promotion inserts may be inserted during main transition period\n (2) Despite section 23 of the old TPP Act, the retail packaging of tobacco products may, during the main transition period, include the health promotion inserts prescribed by regulations made for the purposes of paragraph 82(1)(a) of the new Act.\n\n> Note: From the end of the main transition period, and subject to section 6 of this instrument, the retail packaging must include the health promotion inserts (see paragraph 82(1)(a) of the new Act).\n\n (3) During the main transition period, for the purposes of subitem 13(2) of Schedule 2 to the transitional Act, the retail packaging of tobacco products is taken to continue to comply with the requirements of section 23 of the old TPP Act, if:\n (a) the retail packaging of the tobacco products includes a health promotion insert in accordance with subsection (2); and\n (b) the retail packaging of the tobacco products otherwise complies with the requirements of section 23 of the old TPP Act, as in force immediately before the commencement day.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Display of on‑product health messages on cigarettes during main transition period","content":"#### 5A Display of on‑product health messages on cigarettes during main transition period\n\n On‑product health messages may be displayed despite compliance with section 26 of old TPP Act\n (1) Despite section 26 of the old TPP Act, a cigarette may, during the main transition period, display an on‑product health message as prescribed by section 114A of the new regulations.\n\n> Note: From the end of the main transition period, and subject to section 6 of this instrument, certain cigarettes must display on‑product health messages (see subsection 114A(1) of the new regulations).\n\n (2) During the main transition period, for the purposes of subitem 14(2) of Schedule 2 to the transitional Act, a cigarette is taken to continue to comply with the requirements of section 26 of the old TPP Act, if:\n (a) the cigarette displays an on‑product health message in accordance with subsection (1) of this section; and\n (b) the appearance of the cigarette otherwise complies with the requirements of section 26 of the old TPP Act, as in force immediately before the commencement day.\n On‑product health messages are not required despite compliance with new Act\n (3) During the main transition period, a cigarette containing a filter is taken to comply with subsections 86(2), (3) and (4) of the new Act if the appearance and physical features of the cigarette comply with those subsections other than the requirement to display an on‑product health message.\n Transitional provision—equal display of on‑product health messages\n (4) If:\n (a) a cigarette containing a filter is manufactured during the main transition period; and\n (b) the cigarette does not display an on‑product health message;\n the cigarette is to be disregarded in working out, for the purposes of section 114C of the new regulations, whether each on‑product health message is displayed as nearly as possible in equal numbers on cigarettes manufactured in the calendar year beginning on 1 January 2025.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application of new measures to pre‑supplied regulated tobacco items","content":"#### 6 Application of new measures to pre‑supplied regulated tobacco items\n\n Scope\n (1) This section applies in relation to a person (the retailer) who, during the new measure transition period:\n (a) sells regulated tobacco items by retail sale; or\n (b) offers such items for retail sale.\n Extended transition period for retailers—new measures\n (2) The retailer does not contravene a provision of the new Act mentioned in subsection (3), by reason only that a regulated tobacco item does not comply with a tobacco product requirement mentioned in subsection (4), if all of the following conditions are satisfied:\n (a) the item was supplied to the retailer in retail packaging before the start of the new measure transition period;\n (b) the retailer possesses, sells or supplies, or offers to sell or supply, the item in that retail packaging;\n (c) the retailer does not contravene a provision of the new Act mentioned in subitem 15(2) of Schedule 2 to the transitional Act in relation to the retail packaging of the item because of item 16 of that Schedule.\n Provisions in new Act subject to extended transition period\n (3) For the purposes of subsection (2), the provisions of the new Act are each of the following:\n (a) section 94 (selling or supplying tobacco products in non‑compliant retail packaging);\n (b) section 96 (possessing tobacco products in non‑compliant retail packaging);\n (c) section 102 (selling or supplying non‑compliant regulated tobacco items);\n (d) section 104 (possessing non‑compliant regulated tobacco items);\n (e) section 108 (selling or supply tobacco products in non‑compliant retail packaging to a constitutional corporation);\n (f) section 110 (possessing tobacco products in non‑compliant retail packaging obtained from a constitutional corporation);\n (g) section 116 (selling or supplying non‑complaint regulated tobacco items to a constitutional corporation);\n (h) section 118 (possessing non‑compliant regulated tobacco items obtained from a constitutional corporation).\n Relevant tobacco product requirements\n (4) For the purposes of subsection (2), the tobacco product requirements are any of the following:\n (a) a tobacco product requirement mentioned in Division 2 of Part 4 of Schedule 2 to the transitional Act (which deals with the application of certain new tobacco product requirements in Chapter 3 of the new Act);\n (b) a tobacco product requirement prescribed by subsection 114A(1) of the new regulations.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: managing the technical transition between tobacco packaging regulatory regimes. It does not expand beyond consequential amendments and transitional provisions related to the 2023 Act."},"complexity_factors":["Multiple overlapping time periods: 'main transition period', 'new measure transition period', and 'commencement day' create a complex temporal matrix","Extensive cross-referencing: References to 'old TPP Act', 'new Act', 'transitional Act', 'new regulations', and specific sections/subsections across multiple instruments","Conditional compliance logic: Section 6 contains nested conditions (subsections 2(a), (b), (c)) that must all be satisfied for the exemption to apply","Deeming provisions: Multiple 'taken to comply' and 'taken to continue to comply' provisions that create legal fictions","Dual regulatory framework: Simultaneous operation of old and new regulatory schemes with interaction rules","8 specific offence provisions listed in subsection 6(3) that are subject to the transitional exemption"],"plain_english_summary":"This instrument creates temporary transition rules so tobacco companies and retailers can move from old to new plain-packaging requirements without legal risk. It allows early use of new on-product health messages and inserts during the main handover, gives shops extra time (until 30 June 2025) to sell old-style stock, and treats compliant transitional behavior as meeting both old and new laws.\n\nIt affects tobacco manufacturers, importers, retailers and others in the supply chain and prevents a regulatory gap as Australia introduces cigarette-printed warnings and inserts."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument does not expand the long‑term scope of the new Public Health (Tobacco and Other Products) Act 2023. It creates limited, temporary exemptions and phased‑in compliance rules (see sections 5, 5A and 6) to allow existing packaging and pre‑supplied stock to be sold during defined transition periods, after which full new Act requirements apply."},"complexity_factors":["Multiple named transition windows with distinct rules (main transition period; new measure transition period)","Frequent cross‑references to the old TPP Act, the new Act, the transitional Act and new regulations","Conditional compliance protections that require factual predicates (e.g. items supplied before the start date, possession/sale in original packaging)","Enumerated list of specific new Act offences protected by the extended transition (multiple sections cited)","Delegation of technical content (exact inserts and on‑product messages) to regulations rather than set out in the instrument","A special equal‑display calculation rule that excludes some manufactured cigarettes from later distribution requirements","Reliance on Schedule items and subitems in the transitional Act for operative effect, increasing navigation burden"],"plain_english_summary":"This instrument sets short, time‑limited transition rules allowing health‑promotion inserts in retail tobacco packaging and permitting certain on‑product health messages on cigarettes during the main transition period, and gives retailers an extended transition to sell pre‑supplied regulated tobacco items without breaching specified offences in the new Act. It affects tobacco manufacturers, packagers and retailers who will decide whether to relabel, insert materials or sell existing stock, and who bear the costs of re‑packaging or inventory adjustments while regulators prescribe the exact messages and inserts."}},"importantCases":[],"_links":{"self":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-","history":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-/history","analysis":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-/analysis","conflicts":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-/conflicts","importantCases":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-/important-cases","documents":"/api/acts/public-health-tobacco-and-other-products-consequential-amendments-and-transitional-provisions-rules-/documents"}}