5ADisplay of on‑product health messages on cigarettes during main transition period

5A Display of on‑product health messages on cigarettes during main transition period

On‑product health messages may be displayed despite compliance with section 26 of old TPP Act (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.

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).

(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: (a) the cigarette displays an on‑product health message in accordance with subsection (1) of this section; and (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. On‑product health messages are not required despite compliance with new Act (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. Transitional provision—equal display of on‑product health messages (4) If: (a) a cigarette containing a filter is manufactured during the main transition period; and (b) the cigarette does not display an on‑product health message; 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.