Part 1.1
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Commonwealth act
The Public Health (Tobacco and Other Products) Act 2023, in force 1 April 2024, tightens federal controls on tobacco and e‑cigarettes — from mandatory plain packaging and health warnings to broad bans on advertising and sponsorship, plus ingredient, sales and marketing reporting. It affects smokers and vapers, manufacturers, retailers, advertisers and event sponsors, and creates an Illicit Tobacco and E‑cigarette Commissioner to fight the black market. The law is a major overhaul that treats vaping with the same regulatory weight as traditional tobacco.
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Direct links to the current provisions in Public Health (Tobacco and Other Products) Act 2023.
This Act is the Public Health (Tobacco and Other Products) Act 2023.
(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.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>14</span><span> </span><span>December 2023</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 185</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>April 2024</span></p><p class="Tabletext"><span>(F2024N00275)</span></p></td></tr></tbody></table>
Note: 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.
(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.
Objects of Act (1) The objects of this Act are: (a) to improve public health by: (i) discouraging smoking and the use of regulated tobacco items; and (ii) encouraging people to give up smoking, and to stop using regulated tobacco items; and (b) to give effect to certain obligations that Australia has as a party to the Convention on Tobacco Control; and (c) to address the public health risks posed by vaping and the use of e‑cigarette products; and (d) to combat the trade in illicit tobacco and e‑cigarette products. Means for achieving objects (2) The means for achieving the objects of this Act are the following: (a) limiting the exposure of the public to communications, recommendations or actions that may persuade people to: (i) start smoking or continue smoking; or (ii) start vaping or continue vaping; (b) reducing the appeal of regulated tobacco items and e‑cigarette products to consumers; (c) preventing the retail packaging of tobacco products from misleading or deceiving consumers about the harmful effects of smoking or using tobacco products; (d) increasing consumer knowledge of health effects relating to the use of tobacco products; (e) increasing the effectiveness of health warnings on, and health promotion messages in, the retail packaging of tobacco products; (f) discouraging people who have given up smoking or vaping from relapsing; (g) preventing and reducing nicotine addiction; (h) reducing people’s exposure to smoke from tobacco products; (i) reducing the environmental risks of tobacco products; (j) limiting novel developments and emerging innovation in tobacco products; (k) limiting the risk of e‑cigarette products becoming a gateway into smoking and the use of regulated tobacco items; (l) increasing public knowledge about tobacco products and the tobacco industry; (m) establishing the Illicit Tobacco and E‑cigarette Commissioner.
This Act is about regulating the advertising and presentation of tobacco and e‑cigarette products in order to discourage the use of such products and protect and improve public health.
One of the main objects of this Act is to give effect to obligations that Australia has under the WHO Framework Convention on Tobacco Control. This is done in part by prohibiting the advertising of tobacco products, as well as by prohibiting persons from making tobacco sponsorships.
In order to limit the risk of e‑cigarette products becoming a gateway into smoking, and to address the health risks of vaping, this Act includes similar prohibitions in relation to e‑cigarette products.
This Act also specifies a number of requirements that tobacco products must comply with, including requirements and limitations relating to plain packaging, health warnings, the terms that can be used in relation to the brand names or variant names of tobacco products, and the marks that can be included on tobacco product packaging.
A permanent ban on some tobacco products is included as well.
Certain persons are subject to obligations under this Act to report to the Secretary on a variety of matters including the ingredients used in tobacco products, volumes of sales and imports and marketing and promotional expenditure. Usually, the Minister must publish those reports.
A range of compliance and enforcement powers are provided for, including by applying the Regulatory Powers (Standard Provisions) Act 2014.
This Act also establishes the Illicit Tobacco and E‑cigarette Commissioner.
Various miscellaneous matters are also dealt with by this Act, including the power to make delegations and regulations.
This Act extends to the external Territories.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
Concurrent operation of State and Territory laws (1) This Act does not exclude or limit the operation of a State or Territory law that is capable of operating concurrently with this Act. (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission is also: (i) an offence against this Act; or (ii) subject to a civil penalty under this Act. (3) To avoid doubt, subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty: (a) provides for a penalty that differs from the penalty provided in this Act; (b) provides for fault elements that differ from the fault elements applicable to the offence against this Act; (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence against, or civil penalty provision of, this Act. No doubling‑up of liabilities (4) If: (a) an act or omission is an offence against this Act and is also an offence against a law of a State or Territory; and (b) the offender has been punished for the offence under the law of the State or Territory; the offender is not liable to be punished for the offence under this Act. (5) If a person has paid, or been ordered to pay, a pecuniary penalty under a law of a State or Territory, the person is not liable to a civil penalty under this Act in respect of the same conduct.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act is the Public Health (Tobacco and Other Products) Act 2023.
(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.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>14</span><span> </span><span>December 2023</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 185</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>April 2024</span></p><p class="Tabletext"><span>(F2024N00275)</span></p></td></tr></tbody></table>
Note: 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.
(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.
Objects of Act (1) The objects of this Act are: (a) to improve public health by: (i) discouraging smoking and the use of regulated tobacco items; and (ii) encouraging people to give up smoking, and to stop using regulated tobacco items; and (b) to give effect to certain obligations that Australia has as a party to the Convention on Tobacco Control; and (c) to address the public health risks posed by vaping and the use of e‑cigarette products; and (d) to combat the trade in illicit tobacco and e‑cigarette products. Means for achieving objects (2) The means for achieving the objects of this Act are the following: (a) limiting the exposure of the public to communications, recommendations or actions that may persuade people to: (i) start smoking or continue smoking; or (ii) start vaping or continue vaping; (b) reducing the appeal of regulated tobacco items and e‑cigarette products to consumers; (c) preventing the retail packaging of tobacco products from misleading or deceiving consumers about the harmful effects of smoking or using tobacco products; (d) increasing consumer knowledge of health effects relating to the use of tobacco products; (e) increasing the effectiveness of health warnings on, and health promotion messages in, the retail packaging of tobacco products; (f) discouraging people who have given up smoking or vaping from relapsing; (g) preventing and reducing nicotine addiction; (h) reducing people’s exposure to smoke from tobacco products; (i) reducing the environmental risks of tobacco products; (j) limiting novel developments and emerging innovation in tobacco products; (k) limiting the risk of e‑cigarette products becoming a gateway into smoking and the use of regulated tobacco items; (l) increasing public knowledge about tobacco products and the tobacco industry; (m) establishing the Illicit Tobacco and E‑cigarette Commissioner.
This Act is about regulating the advertising and presentation of tobacco and e‑cigarette products in order to discourage the use of such products and protect and improve public health.
One of the main objects of this Act is to give effect to obligations that Australia has under the WHO Framework Convention on Tobacco Control. This is done in part by prohibiting the advertising of tobacco products, as well as by prohibiting persons from making tobacco sponsorships.
In order to limit the risk of e‑cigarette products becoming a gateway into smoking, and to address the health risks of vaping, this Act includes similar prohibitions in relation to e‑cigarette products.
This Act also specifies a number of requirements that tobacco products must comply with, including requirements and limitations relating to plain packaging, health warnings, the terms that can be used in relation to the brand names or variant names of tobacco products, and the marks that can be included on tobacco product packaging.
A permanent ban on some tobacco products is included as well.
Certain persons are subject to obligations under this Act to report to the Secretary on a variety of matters including the ingredients used in tobacco products, volumes of sales and imports and marketing and promotional expenditure. Usually, the Minister must publish those reports.
A range of compliance and enforcement powers are provided for, including by applying the Regulatory Powers (Standard Provisions) Act 2014.
This Act also establishes the Illicit Tobacco and E‑cigarette Commissioner.
Various miscellaneous matters are also dealt with by this Act, including the power to make delegations and regulations.
This Act extends to the external Territories.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
Concurrent operation of State and Territory laws (1) This Act does not exclude or limit the operation of a State or Territory law that is capable of operating concurrently with this Act. (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission is also: (i) an offence against this Act; or (ii) subject to a civil penalty under this Act. (3) To avoid doubt, subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty: (a) provides for a penalty that differs from the penalty provided in this Act; (b) provides for fault elements that differ from the fault elements applicable to the offence against this Act; (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence against, or civil penalty provision of, this Act. No doubling‑up of liabilities (4) If: (a) an act or omission is an offence against this Act and is also an offence against a law of a State or Territory; and (b) the offender has been punished for the offence under the law of the State or Territory; the offender is not liable to be punished for the offence under this Act. (5) If a person has paid, or been ordered to pay, a pecuniary penalty under a law of a State or Territory, the person is not liable to a civil penalty under this Act in respect of the same conduct.
An Act to discourage the use of tobacco and other products, and for related purposes
Chapter 1—Preliminary
This Act is the Public Health (Tobacco and Other Products) Act 2023.
(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.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>14</span><span> </span><span>December 2023</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 185</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>April 2024</span></p><p class="Tabletext"><span>(F2024N00275)</span></p></td></tr></tbody></table>
Note: 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.
(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.
Objects of Act (1) The objects of this Act are: (a) to improve public health by: (i) discouraging smoking and the use of regulated tobacco items; and (ii) encouraging people to give up smoking, and to stop using regulated tobacco items; and (b) to give effect to certain obligations that Australia has as a party to the Convention on Tobacco Control; and (c) to address the public health risks posed by vaping and the use of e‑cigarette products; and (d) to combat the trade in illicit tobacco and e‑cigarette products. Means for achieving objects (2) The means for achieving the objects of this Act are the following: (a) limiting the exposure of the public to communications, recommendations or actions that may persuade people to: (i) start smoking or continue smoking; or (ii) start vaping or continue vaping; (b) reducing the appeal of regulated tobacco items and e‑cigarette products to consumers; (c) preventing the retail packaging of tobacco products from misleading or deceiving consumers about the harmful effects of smoking or using tobacco products; (d) increasing consumer knowledge of health effects relating to the use of tobacco products; (e) increasing the effectiveness of health warnings on, and health promotion messages in, the retail packaging of tobacco products; (f) discouraging people who have given up smoking or vaping from rel
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