Public Health (Tobacco and Other Products) Act 2023
120APhasing‑in and phasing‑out of health warnings
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120A Phasing‑in and phasing‑out of health warnings
(1) If: (a) provisions (the existing provisions) of regulations prescribing images or a combination of images (if any) are in force for the purposes of subsection 78(1); and (b) later regulations are made that contain provisions (the new provisions) amending the existing provisions; then the later regulations may contain provisions (the phasing‑in provisions) that provide that a prescribed conduct rule, to the extent that it relates to subsection 78(1), does not apply to prescribed conduct engaged in: (c) by persons in relation to a tobacco product if the retail packaging of that product displays the images or combination of images (if any) that will be prescribed for the purposes of subsection 78(1) on the day on which the new provisions commence; and (d) during one or more prescribed periods. (2) Subsection 78(3) does not apply to the phasing‑in provisions of the later regulations.
Note: Subsection 78(3) applies to the new provisions of the later regulations.
(3) This section does not limit the application, saving or transitional provisions that may be made by the later regulations in relation to the new provisions.
Note: For example, the later regulations may contain application provisions relating to the phasing out of the current health warnings on the retail packaging of tobacco products.