185Regulations

185 Regulations

(1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Regulations concerning regulated tobacco items (2) Before regulations are made under or for the purposes of a provision covered by subsection (3), the Minister must be satisfied that the proposed regulations will advance the object in: (a) paragraph 3(1)(a), which is about improving 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) paragraph 3(1)(b), which is about giving effect to certain obligations that Australia has as a party to the Convention on Tobacco Control. (3) The following provisions are covered by this subsection: (a) section 8 (insofar as that section relates to regulations that define health promotion insert, health warning or mandatory marking); (b) subsection 10(2) (about prescribing an item to be a tobacco product accessory); (c) paragraph 17(b) (about prescribing the minimum amount for when tobacco products are presumed to be offered for retail sale); (d) Part 2.2 (prohibition of tobacco advertisements); (e) Part 2.3 (prohibition of tobacco sponsorships); (f) Chapter 3 (tobacco product requirements); (g) Chapter 5 (reporting and information disclosure). Regulations concerning e‑cigarette products (4) Before regulations are made under or for the purposes of a provision covered by subsection (5), the Minister must be satisfied that the proposed regulations will advance the object in: (a) paragraph 3(1)(a), which is about improving 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) paragraph 3(1)(c), which is about addressing the public health risks posed by vaping and the use of e‑cigarette products. (5) The following provisions are covered by this subsection: (a) subsection 11(3) (about prescribing an item to be an e‑cigarette); (b) subsection 12(2) (about prescribing an item to be an e‑cigarette accessory); (c) Part 2.4 (prohibition of e‑cigarette advertisements); (d) subsection 66(2) (about prescribing a contribution to be an e‑cigarette sponsorship). Incorporation of other instruments (6) Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (7) Subsection (6) applies even if the instrument or other writing does not exist when the regulations come into force. Temporary exemption under the Trans‑Tasman Mutual Recognition Act 1997 (8) Without limiting subsection (1), the regulations may, for the purposes of section 46 of the Trans‑Tasman Mutual Recognition Act 1997, declare that this Act is exempt from the operation of that Act.