120DPhasing‑in and phasing‑out of physical features requirements

120D Phasing‑in and phasing‑out of physical features requirements

(1) If: (a) provisions (the existing provisions) of regulations prescribing an image or text are in force for the purposes of subsection 86(4); 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 86(4) and images or text, does not apply to prescribed conduct engaged in: (c) by persons in relation to a tobacco product if the physical features of that product comply with the requirements, relating to images or text, that will be prescribed for the purposes of subsection 86(4) on the day on which the new provisions commence; and (d) during one or more prescribed periods. (2) Subsection 86(6) does not apply to the phasing‑in provisions of the later regulations.

Note: Subsection 86(6) 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 physical features requirements of a tobacco product.