Part 1.1
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Commonwealth legislation
These regulations impose strict national controls on tobacco and e-cigarette packaging, advertising, product composition, and industry reporting under the Public Health (Tobacco and Other Products) Act 2023. They standardise plain, warning‑focused packs, tightly restrict online promotion and sales, ban many flavourings and additives, and require detailed manufacturer/importer data—affecting manufacturers, importers, retailers and online sellers to reduce product appeal and lower smoking rates.
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Direct links to the current provisions in Public Health (Tobacco and Other Products) Regulations 2024.
This instrument is the Public Health (Tobacco and Other Products) Regulations 2024.
This instrument is made under the Public Health (Tobacco and Other Products) Act 2023.
The Public Health (Tobacco and Other Products) Act 2023 regulates 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.
This instrument supports the Act by prescribing various details for the purposes of the Act. Many of the details are relevant to determining whether a person has committed an offence, or is liable to a civil penalty, under the Act.
Chapter 2 sets out requirements for tobacco advertisements and e‑cigarette advertisements that are available on, or accessible using, the internet.
Chapter 3 contains detailed tobacco product requirements for the purposes of Part 3.3 of the Act. The health warnings in Schedules 2 to 7, the health promotion inserts in Schedule 8, and the on‑product health messages in Schedule 10, are part of these tobacco product requirements.
Chapter 4 sets out further details about information that must be included in reports given to the Secretary under the Act. It also prescribes matters to which the Minister must have regard in deciding whether to publish a report, or part of a report.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) brand name;
(b) cigar;
(c) cigarette;
(d) regulated tobacco item;
(e) retail packaging;
(f) tobacco product;
(g) variant name.
In this instrument:
Act means the Public Health (Tobacco and Other Products) Act 2023.
age restriction warning means:
(a) for e‑cigarette products—a warning stating that:
(i) it is illegal to sell e‑cigarette products to a person under 18; and
(ii) it is illegal to purchase an e‑cigarette product for use by a person under 18; and
(b) for tobacco products—a warning stating that:
(i) it is illegal to sell tobacco products to a person under 18; and
(ii) it is illegal to purchase a tobacco product for use by a person under 18.
AQS mark has the same meaning as in the National Trade Measurement Regulations 2009.
AS 4830—2007 means Australian Standard AS 4830‑2007, Determination of the extinction propensity of cigarettes as existing at the commencement of this instrument.
Note: AS 4830‑2007 could in 2024 be purchased from SAI Global’s website (https://www.saiglobal.com). The Department of Health and Aged Care can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.
bar code means a mark containing information about a product in the form of a series of numbers and bars of varying thickness designed to be read by an optical scanner.
bidi means a tobacco product for smoking, not enclosed in paper, commonly known as a bidi.
calibration mark means a mark used only for the purpose of the automated manufacture of the retail packaging of tobacco products.
Note: Example: A mark used for the calibration of printer colours in the manufacture of retail packaging.
cigarette carton means any container for retail sale that contains smaller containers in which cigarettes are directly placed.
Note 1: An example of a smaller container is a cigarette pack.
Note 2: A cigarette carton is an example of secondary packaging of a tobacco product.
cigarette pack means any container for retail sale in which cigarettes are directly placed.
Note: A cigarette pack is an example of primary packaging of a tobacco product.
cigar tube means a tube for packaging a single cigar.
country of origin statement: see subsection 89(2).
fire risk statement: see subsection 94(1).
full‑length burn has the same meaning as in AS 4830‑2007.
health promotion insert: see section 105.
health warning: see subsection 64(1).
health warning series: see subsection 64(2).
horizontal, in relation to the retail packaging of tobacco products: see subsection 7(3).
inner surface, in relation to the retail packaging of a tobacco product, means a surface of the packaging that is not an outer surface.
large cylinder means retail packaging of a tobacco product that is:
(a) a cylindrical container; and
(b) at least 41 mm in height.
lowered permeability band, in relation to a cigarette, means a concentric band of paper or other material that is included in, or applied to, cigarette paper in order to inhibit the burning of the cigarette.
machine‑readable code means an optical code representing data in a form that is readable only with the aid of an optical scanner.
mandatory marking: see subsection 87(3).
measurement mark: see subsection 91(1).
online e‑cigarette advertisement message means the combined image and age restriction warning for e‑cigarette products set out in Schedule 9.
online tobacco advertisement warning means each combined health warning and age restriction warning for tobacco products set out in Schedule 1.
on‑product health message: see subsection 114A(2).
origin mark: see subsection 51(1).
outer surface, in relation to the retail packaging of a tobacco product, means a surface of the packaging described as an outer surface in subsection 72(1).
pouch means primary packaging of a tobacco product that:
(a) is made from flexible material; and
(b) takes the form of a rectangular pocket with a flap that covers the opening.
primary packaging of a tobacco product means retail packaging of the tobacco product within the meaning of paragraph (a) of the definition of retail packaging in section 71 of the Act.
primary packaging track and trace identifier means a unique identifier that:
(a) appears on the primary packaging of a tobacco product; and
(b) is of a kind referred to in Article 6 or 10 of the Commission Implementing Regulation (EU) 2018/574 of 15 December 2017, as existing at the commencement of this instrument.
Note: The Regulation could in 2024 be viewed on the European Union website (https://europa.eu).
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
secondary packaging of a tobacco product means retail packaging of the tobacco product within the meaning of paragraph (b) of the definition of retail packaging in section 71 of the Act.
secondary packaging track and trace identifier means a unique identifier that:
(a) appears on the secondary packaging of a tobacco product; and
(b) is of a kind referred to in Article 6 or 10 of the Commission Implementing Regulation (EU) 2018/574 of 15 December 2017, as existing at the commencement of this instrument.
Note: The Regulation could in 2024 be viewed on the European Union website (https://europa.eu).
small cylinder means retail packaging of a tobacco product that is:
(a) a cylindrical container; and
(b) less than 41 mm in height.
square, in relation to the retail packaging of tobacco products: see subsection 7(4).
tear strip means a line of plastic incorporated into a plastic or other wrapper, to enable the wrapper to be opened easily, but does not include any part of the wrapper that is removed with the tear strip when the wrapper is opened.
trade description means any trade description that is required to appear on the retail packaging of a tobacco product by regulations made under the Commerce (Trade Descriptions) Act 1905.
vertical, in relation to the retail packaging of tobacco products: see subsection 7(2).
Surfaces of cigarette packs (1) A reference in this instrument to an outer surface of a cigarette pack (such as the front outer surface) is a reference to all of that outer surface, including the part of that outer surface that forms part of the flip‑top lid. Surfaces of cigarette cartons (2) If a cigarette carton has one or more flaps with surfaces that become visible only when the carton is opened, those surfaces are taken to be inner surfaces of the carton.
Cylinders (1) A reference in this instrument to a cylinder or a cylindrical container includes a container that is, in one plane, elliptical, rather than circular, in cross‑section. Vertical retail packaging (2) Retail packaging of tobacco products is vertical if, when the brand name on the front outer surface is read, the longest edge of that outer surface is vertical. Horizontal retail packaging (3) Retail packaging of tobacco products is horizontal if, when the brand name on the front outer surface is read, the longest edge of that outer surface is horizontal. Square retail packaging (4) Retail packaging of tobacco products is square if, when the brand name on the front outer surface is read, the edges of the outer surface are the same dimensions.
For the purposes of this instrument, an adhesive label attached to the retail packaging of tobacco products is easily removable if: (a) it is not likely to stay attached during the expected life of the retail packaging; or (b) it can be removed without damaging the label or the retail packaging.
This Part prescribes amounts, in relation to tobacco products, for the purposes of the following provisions of the Act: (a) paragraph 17(b) (about when a tobacco product is presumed to be offered for retail sale); (b) paragraph 96(3)(b) (about the personal use exception for an individual’s possession of tobacco products in non‑compliant retail packaging); (c) paragraph 110(3)(b) (about the personal use exception for an individual’s possession of tobacco products in non‑compliant retail packaging obtained from a constitutional corporation).
For the purpose of paragraph 17(b) of the Act, the amount prescribed is: (a) for cigarettes—50 cigarettes; and (b) for tobacco products other than cigarettes—50 grams.
For the purposes of paragraphs 96(3)(b) and 110(3)(b) of the Act, the amount prescribed is: (a) for cigarettes—500 cigarettes; and (b) for tobacco products other than cigarettes—500 grams.
For the purposes of subsection 185(8) of the Act, on and from the commencement of this instrument, the Act is exempt from the operation of the Trans‑Tasman Mutual Recognition Act 1997.
Note: The exemption operates for a period of up to 12 months (see subsection 46(4) of the Trans‑Tasman Mutual Recognition Act 1997).
Chapter 2—Advertisements—permitted publications
The Act permits the publication of tobacco advertisements and e‑cigarette advertisements having an online point of sale in certain circumstances.
If there is no applicable State or Territory law, the Act allows the regulations to prescribe the matters with which such advertisements need to comply for publication to be permitted. This Chapter sets out those matters.
This Part prescribes matters in relation to the publication of a tobacco advertisement that is available on, or accessible using, the internet for the purposes of paragraph 32(3)(e) of the Act.
This Part prescribes matters in relation to: (a) a webpage: (i) on which a tobacco advertisement is displayed; or (ii) that provides a facility to purchase regulated tobacco items; and (b) the website on which such a webpage appears.
Basic requirements (1) A webpage on which a tobacco advertisement is displayed must: (a) contain a text list (the price board) of the regulated tobacco items advertised on the webpage; and (b) use only black text on a white background in the price board; and (c) display product information for the items in the price board in a standardised layout and format, using the same sans serif typeface and font size; and (d) for each item that is a tobacco product—include only the information permitted by subsection (2); and (e) include the statement ‘Product prices include all taxes’. Permitted information about tobacco products (2) The price board may include the following information for each tobacco product being advertised: (a) the brand name and variant name (if any) of the product; (b) the price of the product (inclusive of all taxes); (c) the package size or mass of the product; (d) a country of origin statement in the format required by subsection 89(1); (e) an item number or code for the product; (f) information about any other charges payable in relation to the sale of the product.
(1) A webpage: (a) on which a tobacco advertisement is displayed; or (b) that provides a facility to purchase regulated tobacco items; must display the online tobacco advertisement warnings in a prominent position at the top of the webpage. (2) The online tobacco advertisement warnings must be displayed using either of the following methods: (a) a static display that clearly displays, during each quarter of the year, the warning required by Schedule 1 for that quarter; (b) a dynamic display, in which each warning in Schedule 1 is clearly displayed in the sequence appearing in that Schedule for a period between 15 and 30 seconds. (3) The online tobacco advertisement warnings must be fixed in place so that they are clearly visible at all times to a person accessing the webpage. (4) The online tobacco advertisement warnings must: (a) be legible and undistorted; and (b) be scaled to suit the device on which they are viewed; and (c) not be collapsible. (5) The online tobacco advertisement warnings must not contain any link that allows access to any other webpage.
Note: A webpage that provides a facility for the purchase of both regulated tobacco items and e‑cigarette products must comply with this section (see subsection 25(2)).
(1) The Secretary may approve one or more electronic files containing images for use in displaying the online tobacco advertisement warnings for the purposes of this Part. (2) If such a file has been approved, the online tobacco advertisement warnings that are displayed on a webpage must: (a) be sourced from the file; and (b) use the image aspect ratios in the file for each image; and (c) contain the alternative‑text in the file for each image. (3) The Secretary must make a file approved under subsection (1) available to a person on request, free of charge, if the Secretary is reasonably satisfied that the person is involved in the retail sale of regulated tobacco items using the internet.
Age verification (1) The website must include an age verification system that limits access to the website to a person who is at least 18. Geoblocking of certain purchasers (2) The website must include a facility that prevents the purchase of a tobacco product by a person located in a State or Territory in which the law of that State or Territory prohibits the purchase of tobacco products using the internet. (3) Subsection (2) applies regardless of the location of the person who: (a) publishes the tobacco advertisement; or (b) hosts the website on which the tobacco advertisement is published.
(1) The website must not: (a) contain any information about regulated tobacco items that is not required or permitted under the Act or this instrument; or (b) invite or allow bids or offers for the sale of tobacco products; or (c) include an e‑cigarette advertisement on the same webpage on which a tobacco advertisement is displayed. (2) To avoid doubt, the website must not include any of the following: (a) prohibited terms; (b) words or images that entice, or are intended to entice, a person to purchase a regulated tobacco item; (c) words that directly or by implication contradict, qualify or modify a health warning, a health promotion insert or an on‑product health message; (d) images of regulated tobacco items; (e) more than one price for each regulated tobacco item; (f) content that promotes another website that: (i) contains a tobacco advertisement; or (ii) solicits internet traffic to a tobacco advertisement.
Note: For the purposes of paragraph (2)(b), examples of words that entice a person to purchase a regulated tobacco item include, but are not limited to, the following:
(a) cheap;
(b) discount;
(c) bulk savings;
(d) buy one, get one free;
(e) tax free.
(1) All information that is required or permitted by this Part to be included on a website must be: (a) legible; and (b) in English; and (c) in an undistorted form. (2) Nothing in subsection (1) prohibits the inclusion of the information in additional languages.
This Part prescribes matters in relation to the publication of an e‑cigarette advertisement that is available on, or accessible using, the internet for the purposes of paragraph 58(3)(e) of the Act.
This Part prescribes matters in relation to: (a) a webpage: (i) on which an e‑cigarette advertisement is displayed; or (ii) that provides a facility to purchase e‑cigarette products; and (b) the website on which such a webpage appears.
Basic requirements (1) A webpage on which an e‑cigarette advertisement is displayed must: (a) contain a text list (the price board) of the e‑cigarette products advertised on the webpage; and (b) use only black text on a white background in the price board; and (c) display e‑cigarette product information in the price board in a standardised layout and format, using the same sans serif typeface and font size; and (d) for each e‑cigarette product, include only the information permitted by subsection (2); and (e) include the statement ‘Product prices include all taxes’. Permitted information about e‑cigarette products (2) The price board may include the following information for each e‑cigarette product being advertised: (a) the name of the product; (b) the price of the product (inclusive of all taxes); (c) the package size or mass of the product; (d) the name of the country of origin of the product; (e) an item number or code for the product; (f) information about any other charges payable in relation to the sale of the product.
(1) A webpage: (a) on which an e‑cigarette advertisement is displayed; or (b) that provides a facility to purchase e‑cigarette products (but not tobacco products); must display the online e‑cigarette advertisement message in a prominent position at the top of the webpage.
Note: For the online e‑cigarette advertisement message, see Schedule 9.
(2) A webpage that provides a facility to purchase both regulated tobacco items and e‑cigarette products must comply with the requirements of section 17. (3) The online e‑cigarette advertisement message must be a static display that is fixed in place so that it is clearly visible at all times to a person accessing the webpage. (4) The online e‑cigarette advertisement message must: (a) be legible and undistorted; and (b) be scaled to suit the device on which it is viewed; and (c) not be collapsible. (5) The online e‑cigarette advertisement message must not contain any link that allows access to any other webpage.
(1) The Secretary may approve an electronic file containing an image for use in displaying the online e‑cigarette advertisement message for the purposes of this Part. (2) If such a file has been approved, the online e‑cigarette advertisement message that is displayed on a webpage must: (a) be sourced from the file; and (b) use the image aspect ratio in the file for the image; and (c) contain the alternative‑text in the file for the image. (3) The Secretary must make a file approved under subsection (1) available to a person on request, free of charge, if the Secretary is reasonably satisfied that the person is involved in the retail sale of e‑cigarette products using the internet.
Age verification (1) The website must include an age verification system that limits access to the website to a person who is at least 18. Geoblocking of certain purchasers (2) The website must include a facility that prevents the purchase of an e‑cigarette product by a person located in a State or Territory in which the law of that State or Territory prohibits the purchase of e‑cigarette products using the internet. (3) Subsection (2) applies regardless of the location of the person who: (a) publishes the e‑cigarette advertisement; or (b) hosts the website on which the e‑cigarette advertisement is published.
(1) The website must not: (a) invite or allow bids or offers for the sale of e‑cigarette products; or (b) include a tobacco advertisement on the same webpage on which an e‑cigarette advertisement is displayed. (2) To avoid doubt, the website must not include any of the following: (a) words or images that entice, or are intended to entice, a person to purchase an e‑cigarette product; (b) images of e‑cigarette products; (c) more than one price for each e‑cigarette product; (d) content that promotes another website that: (i) contains an e‑cigarette advertisement; or (ii) solicits internet traffic to an e‑cigarette advertisement.
Note: For the purposes of paragraph (2)(a), examples of words that entice a person to purchase an e‑cigarette product include, but are not limited to, the following:
(a) cheap;
(b) discount;
(c) bulk savings;
(d) buy one, get one free;
(e) tax free.
(1) All information that is required or permitted by this Part to be included on a website must be: (a) legible; and (b) in English; and (c) in an undistorted form. (2) Nothing in subsection (1) prohibits the inclusion of the information in additional languages.
Chapter 3—Tobacco product requirements
Under Parts 3.4 and 3.5 of the Act, a person may commit an offence, or be liable to a civil penalty, if the person contravenes a tobacco product requirement in certain circumstances.
This Chapter prescribes the detail of certain tobacco product requirements for the purposes of the Act.
The tobacco product requirements are requirements about the retail packaging of tobacco products, as well as tobacco products themselves. The requirements deal with such matters as the following:
(a) the physical features, colour and finish of retail packaging;
(b) the standardisation of retail packaging;
(c) the markings that must appear, or which may appear, on retail packaging;
(d) the display of health warnings on retail packaging;
(e) the inclusion of health promotion inserts in retail packaging;
(f) the appearance, physical features and contents of tobacco products (including the display of on‑product health messages on cigarettes);
(g) standards for tobacco products.
This Part prescribes matters in relation to the physical features of the retail packaging of tobacco products for the purposes of section 74 of the Act.
Retail packaging of all tobacco products (1) The retail packaging of all tobacco products must comply with the following requirements: (a) the outer surfaces and inner surfaces of the packaging must not have any decorative ridges, etching, embossing, debossing, bulges or other irregularities of shape or texture, or any other embellishments, except as permitted by this instrument; (b) any glues or other adhesives used in manufacturing the packaging must be transparent and not coloured. Cigarette packs and cigarette cartons (2) A cigarette pack or cigarette carton must also comply with the following requirements: (a) the pack or carton must be: (i) rigid; and (ii) made only of cardboard (subject to paragraph (1)(b)); (b) when the pack or carton is closed: (i) each outer surface of the pack or carton must be rectangular; and (ii) the surfaces of the pack or carton must meet at 90 degree angles; (c) all edges of the pack or carton must be rigid, straight and not rounded, bevelled or otherwise shaped or embellished in any way, other than as permitted by this instrument. Additional requirements for cigarette packs (3) A cigarette pack must also comply with the following requirements: (a) the only opening to the pack must be a flip‑top lid which must: (i) be hinged only at the back of the pack; and (ii) have straight edges; and neither the lid, nor the edges of the lid, may be rounded, bevelled or otherwise shaped or embellished in any way; (b) the inside lip of the cigarette pack must have straight edges, other than corners which may be rounded, and neither the lip, nor the edges of the lip, may be bevelled or otherwise shaped or embellished in any way.
Note: There are rules about linings of primary packaging (such as cigarette packs) in sections 35 and 43.
The dimensions of a cigarette pack, when the flip‑top lid is closed, must comply with the following requirements: (a) height—at least 85 mm but not more than 90 mm; (b) width—at least 55 mm but not more than 60 mm; (c) depth—at least 20 mm but not more than 24 mm.
A cigarette carton may include a perforated strip for opening the carton that leaves serrations on the edge of a surface of the carton when the carton is opened.
Certain linings permitted (1) The primary packaging of a tobacco product may contain a lining that complies with this section. Lining requirements (2) The lining must not be textured, except for texturing comprising small dots or squares embossed over the entire surface of the lining that are necessary for: (a) the automated manufacture of the packaging; or (b) placing tobacco products into the packaging. (3) If the lining is embossed as permitted by subsection (2), the dots or squares embossed into the lining must be: (a) equidistant from each other; and (b) closely spaced; and (c) of uniform size. (4) However, the embossing of the lining must not: (a) except as permitted by subsections (2) and (3), form a pattern; or (b) form a symbol or design; or (c) represent, or be suggestive of, the brand name or variant name (if any) of the tobacco product. (5) The lining must not be such that it can be removed from the primary packaging without damaging the lining.
Note: An effect of this subsection is to prevent the lining comprising a removable ‘inner pack’ for the tobacco products.
(1) A cigar tube: (a) must be cylindrical and rigid; and (b) may have one or both ends tapered or rounded. (2) The opening to a cigar tube must be at least 15 mm in diameter.
The primary packaging of loose processed tobacco must be: (a) a pouch; or (b) a small cylinder; or (c) a large cylinder.
The primary packaging of a tobacco product (other than a cigarette pack or cigar tube) must comply with the following requirements: (a) the largest dimension of the packaging must be at least 85 mm; (b) the second largest dimension of the packaging must be at least 55 mm.
(1) The primary packaging of a tobacco product, other than a cigarette pack, may include means for resealing the packaging.
Note: Examples: A tab or press seal.
(2) The means for resealing the packaging must: (a) either be: (i) the colour known as Pantone 448C; or (ii) transparent and not coloured; and (b) not be marked, textured or embellished in any way; and (c) be no larger than is reasonably necessary for its purpose. (3) The means for resealing the packaging must not obscure any health warning or mandatory marking.
Retail packaging of tobacco products, other than a plastic or other wrapper, must not have a cut‑out area or window that enables the contents of the packaging to be visible from outside the packaging.
(1) The retail packaging of tobacco products must not contain any voids. (2) The retail packaging of tobacco products must not contain anything within the dimensions of the packaging except: (a) tobacco products; and (b) if Part 3.10 permits an insert to be included in the retail packaging—the insert; and (c) if Part 3.11 requires a health promotion insert to be included in the retail packaging—the health promotion insert.
Note: An effect of this subsection is to prohibit spacers or fillers in the retail packaging that are not otherwise permitted by this instrument.
This Part prescribes requirements in relation to the colour and finish of the retail packaging of tobacco products for the purposes of subsection 75(1) of the Act.
Required finishes and colours (1) The following must have a matt finish: (a) all outer surfaces and inner surfaces of the primary packaging, and the secondary packaging, of tobacco products; (b) both sides of any lining of a cigarette pack. (2) All outer surfaces of primary packaging and secondary packaging must be the colour known as Pantone 448C. (3) Each inner surface of a cigarette pack or cigarette carton must be: (a) the colour known as Pantone 448C; or (b) white. (4) Each inner surface of primary packaging or secondary packaging, other than a cigarette pack or cigarette carton, must be: (a) for packaging that is made of metal or wood—the natural colour of the metal or wood; or (b) in any other case: (i) the colour known as Pantone 448C; or (ii) white. (5) The lining of a cigarette pack must be silver coloured foil with a white paper backing. Exceptions to colour requirements (6) The following are not required to be the colour mentioned in subsection (2): (a) a health warning; (b) the text of: (i) the brand name or variant name (if any) for the tobacco product; and (ii) a mandatory marking; (c) any other mark permitted by this instrument for which a different colour is prescribed by this instrument. Exception for calibration marks (7) This section does not apply to calibration marks.
This Part prescribes requirements as to the following for the purposes of subsection 76(1) of the Act: (a) the number of units, mass or volume of a tobacco product included in the retail packaging of that product; (b) the pricing of a tobacco product in retail packaging of that number of units, mass or volume.
(1) A cigarette pack must contain 20 cigarettes. (2) The cigarettes included in the cigarette pack must all be of the same dimensions.
Note: Section 119 prescribes standardised dimensions for cigarettes.
(1) A cigarette carton must contain 10 cigarette packs. (2) The retail price of a cigarette carton must be equivalent to the sum of the retail price of the individual cigarette packs contained in the carton.
Note: This subsection prevents volume discounting for cigarettes sold in cartons.
(1) This section applies to the retail packaging of the following cigars: (a) cigars that have a filter tip; (b) cigars that have: (i) a diameter no greater than 10 mm; and (ii) a mass no greater than 1.4 grams (excluding any mouthpiece). (2) The retail packaging must contain 20 cigars. (3) The cigars included in the retail packaging must all be of the same dimensions.
The retail packaging of the following tobacco products must contain 30 grams of tobacco: (a) pipe tobacco; (b) loose processed tobacco other than pipe tobacco.
This Part prescribes: (a) marks that are permitted to appear on the retail packaging of tobacco products for the purposes of paragraph 77(3)(d) of the Act; and (b) the requirements for such marks, for the purposes of subsection 77(4) of the Act.
Note 1: This Part deals with requirements for marks other than brand names and variant names. For brand names and variant names, see Part 3.6 of this instrument.
Note 2: Health warnings and mandatory markings must also appear on the retail packaging of tobacco products (see Parts 3.7 and 3.8 of this instrument).
Primary packaging and secondary packaging (1) The following marks are permitted to appear on the primary packaging, and the secondary packaging, of a tobacco product: (a) an origin mark that complies with section 51; (b) an AQS mark that complies with section 52; (c) one or more calibration marks that comply with section 53. Track and trace identifiers (2) In addition to subsection (1): (a) a primary packaging track and trace identifier that complies with section 54 may appear on the primary packaging of a tobacco product; and (b) a secondary packaging track and trace identifier that complies with section 55 may appear on the secondary packaging of a tobacco product. Wrappers (3) One or more calibration marks that comply with section 53 may appear on a plastic or other wrapper that covers: (a) the primary packaging of a tobacco product; or (b) the secondary packaging of a tobacco product; or (c) a tobacco product that is for retail sale. (4) In addition to subsection (3): (a) an origin mark that complies with section 51 may appear on a plastic or other wrapper that covers a tobacco product that is for retail sale; and (b) the following marks may appear on a plastic or other wrapper that covers more than one item of primary packaging of a tobacco product: (i) a bar code that complies with section 93; (ii) one or more marks to conceal bar codes that comply with section 99. No decorative etc. elements (5) A mark permitted under this Part must not use or contain any decorative ridges, etching, embossing, debossing, bulges or other irregularities of shape or texture, or any other embellishments, except as permitted by this Part.
(1) A mark (an origin mark) on the retail packaging of a tobacco product that is used to distinguish the origin of the tobacco product must be: (a) an alphanumeric code; or (b) a covert mark that is not visible to the naked eye. Rules applying to all origin marks (2) If the origin mark is printed, it may be printed in either white or black. (3) If the origin mark is printed in black, it may include a white background in the form of a rectangle no larger than 20 mm by 5 mm. (4) The origin mark may be applied to the retail packaging by etching or debossing. Alphanumeric codes (5) An origin mark that is an alphanumeric code must: (a) appear only once on the retail packaging of the tobacco product; and (b) be printed: (i) in an English sans serif typeface; and (ii) no larger than 3 mm in size; and (iii) in a normal weighted regular font; and (c) for a cigarette pack or cigarette carton—appear on either: (i) the side outer surface of the pack or carton on which a health warning is not displayed; or (ii) the bottom outer surface of the pack or carton. (6) An origin mark that is an alphanumeric code applied by etching or debossing must be the colour known as Pantone 448C. (7) An origin mark that is an alphanumeric code must not: (a) form a symbol or design; or (b) represent, or be suggestive of, the brand name or variant name (if any) of the tobacco product.
An AQS mark on the retail packaging of a tobacco product must: (a) appear only as is necessary to indicate that the product is packaged in accordance with the Average Quantity System requirements under the National Measurement Act 1960; and (b) be printed: (i) directly adjacent to the measurement mark (see section 91); and (ii) no larger than 3 mm in size; and (iii) in the colour known as Pantone Cool Grey 2C.
Note: AQS stands for Average Quantity System.
A calibration mark on the retail packaging of a tobacco product: (a) must appear only as is necessary for the automated manufacture of the packaging; and (b) if visible or otherwise detectable on the packaging—must be as inconspicuous as possible, consistent with the calibration mark’s function in the manufacturing process.
Cigarette packs (1) A primary packaging track and trace identifier on a cigarette pack must: (a) appear only once on the cigarette pack; and (b) appear on only one of the following surfaces: (i) the side outer surface of the pack on which a health warning is not displayed; (ii) the bottom outer surface of the pack; (iii) the top outer surface of the pack; and (c) to the extent that the track and trace identifier is an alphanumeric code—be printed: (i) in an English sans serif typeface; and (ii) in normal weighted regular font; and (iii) in black, white or grey; and (d) to the extent that the track and trace identifier is a machine‑readable code—be printed in black, white or grey; and (e) be printed on a background that is the colour known as Pantone 448C. Primary packaging of tobacco products other than cigarette packs (2) A primary packaging track and trace identifier on the primary packaging of a tobacco product other than a cigarette pack: (a) must appear only once on the packaging; and (b) must either: (i) be included on an adhesive label attached firmly to the packaging so as not to be easily removable; or (ii) be printed on the packaging; and (c) to the extent that the track and trace identifier is an alphanumeric code—must be printed: (i) in an English sans serif typeface; and (ii) in normal weighted regular font; and (iii) in black, white or grey; and (d) to the extent that the track and trace identifier is a machine‑readable code—must be printed in black, white or grey; and (e) if subparagraph (b)(ii) applies—must be printed on a background that is the colour known as Pantone 448C; and (f) may appear on the outer surface of the packaging on which a health warning is displayed. Adhesive labels (3) An adhesive label mentioned in subparagraph (2)(b)(i) must: (a) be transparent and not coloured; or (b) be the colour known as Pantone 448C.
Cigarette cartons (1) A secondary packaging track and trace identifier on a cigarette carton must: (a) appear only once on the carton; and (b) appear only on a single side outer surface of the carton on which a health warning is not displayed; and (c) either: (i) be included on an adhesive label attached firmly to the carton so as not to be easily removable; or (ii) be printed on the carton; and (d) to the extent that the track and trace identifier is an alphanumeric code—be printed: (i) in an English sans serif typeface; and (ii) in normal weighted regular font; and (iii) in black, white or grey; and (e) to the extent that the track and trace identifier is a machine‑readable code—be printed in black, white or grey; and (f) be printed on a background that is the colour known as Pantone 448C. Secondary packaging of tobacco products other than cigarette cartons (2) A secondary packaging track and trace identifier on the secondary packaging of a tobacco product other than a cigarette carton: (a) must appear only once on the packaging; and (b) must either: (i) be included on an adhesive label attached firmly to the packaging so as not to be easily removable; or (ii) be printed on the packaging; and (c) to the extent that the track and trace identifier is an alphanumeric code—must be printed: (i) in an English sans serif typeface; and (ii) in normal weighted regular font; and (iii) in black, white or grey; and (d) to the extent that the track and trace identifier is a machine‑readable code—must be printed in black, white or grey; and (e) if subparagraph (b)(ii) applies—must be printed on a background that is the colour known as Pantone 448C; and (f) may appear on the outer surface of the packaging on which a health warning is displayed. Adhesive labels (3) An adhesive label mentioned in subparagraph (1)(c)(i) or (2)(b)(i) must: (a) be transparent and not coloured; or (b) be the colour known as Pantone 448C.
(1) The retail packaging of tobacco products may display a mark that is required to be displayed on the packaging by another law of the Commonwealth. (2) The mark must comply with the requirements of that other law.
This Part prescribes requirements for the appearance of brand names or variant names on the retail packaging of tobacco products for the purposes of subsection 77(4) of the Act.
Cigarette packs and cigarette cartons (1) Any brand name or variant name that appears on a cigarette pack or cigarette carton: (a) must not obscure any health warning or mandatory marking; and (b) must not appear more than once on any of the following outer surfaces of the pack or carton: (i) for a cigarette pack—the front, top and bottom outer surfaces of the pack; (ii) for a cigarette carton—the front outer surface of the carton, and the 2 smallest outer surfaces of the carton; and (c) may appear only on the surfaces mentioned in paragraph (b); and (d) must appear across one line only; and (e) must comply with the orientation and location requirements mentioned in subsection (2). Orientation and location requirements (2) For the purposes of paragraph (1)(e), the orientation and location requirements are set out in the following table.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Brand name or variant name—orientation and location requirements for cigarette packs and cigarette cartons</span></p></td></tr><tr><td style="width:8.54%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Item</span></p></td><td style="width:21.92%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">If …</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">appear(s) on …</span></p></td><td style="width:47.48%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">the name(s) …</span></p></td></tr></thead><tbody><tr><td style="width:8.54%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:21.92%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>a brand name but no variant name</span></p></td><td style="width:22.04%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the front outer surface of a cigarette pack</span></p></td><td style="width:47.48%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>must appear:</span></p><p class="Tablea"><span>(a) horizontally below, and in the same orientation as, the health warning; and</span></p><p class="Tablea"><span>(b) in the centre of the space remaining on the front outer surface beneath the health warning</span></p></td></tr><tr><td style="width:8.54%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:21.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>a brand name and a variant name</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the front outer surface of a cigarette pack</span></p></td><td style="width:47.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>must appear:</span></p><p class="Tablea"><span>(a) horizontally below, and in the same orientation as, the health warning; and</span></p><p class="Tablea"><span>(b) with the variant name immediately below the brand name; and</span></p><p class="Tablea"><span>(c) with either the brand name, or the combined brand name and variant name, in the centre of the space remaining on the front outer surface beneath the health warning</span></p></td></tr><tr><td style="width:8.54%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:21.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>a brand name but no variant name</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the front outer surface of a cigarette carton</span></p></td><td style="width:47.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>must appear:</span></p><p class="Tablea"><span>(a) in the same orientation as the health warning; and</span></p><p class="Tablea"><span>(b) in the centre of the space on the front outer surface that is not occupied by the health warning</span></p></td></tr><tr><td style="width:8.54%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:21.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>a brand name and a variant name</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the front outer surface of a cigarette carton</span></p></td><td style="width:47.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>must appear:</span></p><p class="Tablea"><span>(a) in the same orientation as the health warning; and</span></p><p class="Tablea"><span>(b) with the variant name immediately below the brand name; and</span></p><p class="Tablea"><span>(c) with either the brand name, or the combined brand name and variant name, in the centre of the space remaining on the front outer surface that is not occupied by the health warning</span></p></td></tr><tr><td style="width:8.54%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:21.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>a brand name but no variant name</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>any outer surface (other than a front outer surface) of a cigarette pack or cigarette carton</span></p></td><td style="width:47.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>must appear:</span></p><p class="Tablea"><span>(a) horizontally; and</span></p><p class="Tablea"><span>(b) in the centre of the outer surface of the pack or carton</span></p></td></tr><tr><td style="width:8.54%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:21.92%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>a brand name and a variant name</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>any outer surface (other than a front outer surface) of a cigarette pack or cigarette carton</span></p></td><td style="width:47.48%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>must appear:</span></p><p class="Tablea"><span>(a) horizontally; and</span></p><p class="Tablea"><span>(b) with the variant name immediately below the brand name; and</span></p><p class="Tablea"><span>(c) with either the brand name, or the combined brand name and variant name, in the centre of the outer surface of the pack or carton</span></p></td></tr></tbody></table>
Section not to apply to wrappers (3) This section does not apply to a plastic or other wrapper that covers: (a) the retail packaging of a tobacco product; or (b) a tobacco product that is for retail sale.
Note: For the requirements for wrappers, see Part 3.9.
(1) Any brand name or variant name appearing on a cigarette pack or a cigarette carton must be printed: (a) in the typeface known as Lucida Sans; and (b) for a brand name—using the following dimensions: (i) 4 mm in height; (ii) up to 50 mm in width; and (c) for a variant name—using the following dimensions: (i) 3 mm in height; (ii) up to 35 mm in width; and (d) with the first letter in each word capitalised and with no other upper case letters; and (e) in a normal weighted regular font; and (f) in the colour known as Pantone Cool Gray 2C. (2) For the purposes of paragraph (1)(d), a word consists of 2 or more letters.
Scope (1) This section applies to the retail packaging of tobacco products other than: (a) a cigarette pack or a cigarette carton; or (b) a plastic or other wrapper that covers: (i) the primary packaging of a tobacco product; or (ii) the secondary packaging of a tobacco product; or (iii) a tobacco product that is for retail sale.
Note: For the requirements for wrappers, see Part 3.9.
Requirements (2) Any brand name or variant name appearing on the retail packaging must be printed on the packaging, or on an adhesive label attached to the packaging, in accordance with the following requirements: (a) in the typeface known as Lucida Sans; (b) for a brand name—using the following dimensions: (i) 4 mm in height; (ii) up to 50 mm in width; and (c) for a variant name—using the following dimensions: (i) 3 mm in height; (ii) up to 35 mm in width; and (d) with the first letter in each word capitalised and with no other upper case letters; (e) in normal weighted regular font; (f) in the colour known as Pantone Cool Gray 2C. (3) For the purposes of paragraph (2)(d), a word consists of 2 or more letters. Adhesive labels (4) An adhesive label attached to the packaging as mentioned in subsection (2) must: (a) be in the colour known as Pantone 448C; and (b) be no larger than is reasonably necessary to print the brand name and any variant name in the typeface and dimensions mentioned in paragraphs (2)(a) to (c); and (c) be attached firmly to the retail packaging so as not to be easily removable.
(1) For each brand name or variant name appearing on a cigar tube, the name must: (a) appear only once on the cigar tube; and (b) appear across one line only. Requirements (2) The orientation of the names must appear as follows: (a) if the cigar tube contains a brand name and variant name: (i) the brand name must appear in the same orientation as, and immediately below, the health warning on the front outer surface; and (ii) the variant name must appear parallel to, in the same orientation as, and immediately below, the brand name; and (b) in any other case—the brand name or the variant name must appear in the same orientation as, and immediately below, the health warning on the front outer surface.
Scope (1) This section applies to the retail packaging of tobacco products other than cigarette packs, cigarette cartons and cigar tubes. Requirements (2) Any brand name or variant name appearing on the retail packaging: (a) must appear across one line only; and (b) must not appear more than once on each front outer surface or back outer surface of the packaging; and (c) may appear only on the surfaces mentioned in paragraph (b); and (d) must appear in the same orientation as, and not above, the health warning on the outer surface; and (e) for a variant name—must appear parallel to, in the same orientation as, and immediately below, the brand name.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Public Health (Tobacco and Other Products) Regulations 2024.
This instrument is made under the Public Health (Tobacco and Other Products) Act 2023.
The Public Health (Tobacco and Other Products) Act 2023 regulates 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.
This instrument supports the Act by prescribing various details for the purposes of the Act. Many of the details are relevant to determining whether a person has committed an offence, or is liable to a civil penalty, under the Act.
Chapter 2 sets out requirements for tobacco advertisements and e‑cigarette advertisements that are available on, or accessible using, the internet.
Chapter 3 contains detailed tobacco product requirements for the purposes of Part 3.3 of the Act. The health warnings in Schedules 2 to 7, the health promotion inserts in Schedule 8, and the on‑product health messages in Schedule 10, are part of these tobacco product requirements.
Chapter 4 sets out further details about information that must be included in reports given to the Secretary under the Act. It also prescribes matters to which the Minister must have regard in deciding whether to publish a report, or part of a report.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) brand name;
(b) cigar;
(c) cigarette;
(d) regulated tobacco item;
(e) retail packaging;
(f) tobacco product;
(g) variant name.
In this instrument:
Act means the Public Health (Tobacco and Other Products) Act 2023.
age restriction warning means:
(a) for e‑cigarette products—a warning stating that:
(i) it is illegal to sell e‑cigarette products to a person under 18; and
(ii) it is illegal to purchase an e‑cigarette product for use by a person under 18; and
(b) for tobacco products—a warning stating that:
(i) it is illegal to sell tobacco products to a person under 18; and
(ii) it is illegal to purchase a tobacco product for use by a person under 18.
AQS mark has the same meaning as in the National Trade Measurement Regulations 2009.
AS 4830—2007 means Australian Standard AS 4830‑2007, Determination of the extinction propensity of cigarettes as existing at the commencement of this instrument.
Note: AS 4830‑2007 could in 2024 be purchased from SAI Global’s website (https://www.saiglobal.com). The Department of Health and Aged Care can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.
bar code means a mark containing information about a product in the form of a series of numbers and bars of varying thickness designed to be read by an optical scanner.
bidi means a tobacco product for smoking, not enclosed in paper, commonly known as a bidi.
calibration mark means a mark used only for the purpose of the automated manufacture of the retail packaging of tobacco products.
Note: Example: A mark used for the calibration of printer colours in the manufacture of retail packaging.
cigarette carton means any container for retail sale that contains smaller containers in which cigarettes are directly placed.
Note 1: An example of a smaller container is a cigarette pack.
Note 2: A cigarette carton is an example of secondary packaging of a tobacco product.
cigarette pack means any container for retail sale in which cigarettes are directly placed.
Note: A cigarette pack is an example of primary packaging of a tobacco product.
cigar tube means a tube for packaging a single cigar.
country of origin statement: see subsection 89(2).
fire risk statement: see subsection 94(1).
full‑length burn has the same meaning as in AS 4830‑2007.
health promotion insert: see section 105.
health warning: see subsection 64(1).
health warning series: see subsection 64(2).
horizontal, in relation to the retail packaging of tobacco products: see subsection 7(3).
inner surface, in relation to the retail packaging of a tobacco product, means a surface of the packaging that is not an outer surface.
large cylinder means retail packaging of a tobacco product that is:
(a) a cylindrical container; and
(b) at least 41 mm in height.
lowered permeability band, in relation to a cigarette, means a concentric band of paper or other material that is included in, or applied to, cigarette paper in order to inhibit the burning of the cigarette.
machine‑readable code means an optical code representing data in a form that is readable only with the aid of an optical scanner.
mandatory marking: see subsection 87(3).
measurement mark: see subsection 91(1).
online e‑cigarette advertisement message means the combined image and age restriction warning for e‑cigarette products set out in Schedule 9.
online tobacco advertisement warning means each combined health warning and age restriction warning for tobacco products set out in Schedule 1.
on‑product health message: see subsection 114A(2).
origin mark: see subsection 51(1).
outer surface, in relation to the retail packaging of a tobacco product, means a surface of the packaging described as an outer surface in subsection 72(1).
pouch means primary packaging of a tobacco product that:
(a) is made from flexible material; and
(b) takes the form of a rectangular pocket with a flap that covers the opening.
primary packaging of a tobacco product means retail packaging of the tobacco product within the meaning of paragraph (a) of the definition of retail packaging in section 71 of the Act.
primary packaging track and trace identifier means a unique identifier that:
(a) appears on the primary packaging of a tobacco product; and
(b) is of a kind referred to in Article 6 or 10 of the Commission Implementing Regulation (EU) 2018/574 of 15 December 2017, as existing at the commencement of this instrument.
Note: The Regulation could in 2024 be viewed on the European Union website (https://europa.eu).
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
secondary packaging of a tobacco product means retail packaging of the tobacco product within the meaning of paragraph (b) of the definition of retail packaging in section 71 of the Act.
secondary packaging track and trace identifier means a unique identifier that:
(a) appears on the secondary packaging of a tobacco product; and
(b) is of a kind referred to in Article 6 or 10 of the Commission Implementing Regulation (EU) 2018/574 of 15 December 2017, as existing at the commencement of this instrument.
Note: The Regulation could in 2024 be viewed on the European Union website (https://europa.eu).
small cylinder means retail packaging of a tobacco product that is:
(a) a cylindrical container; and
(b) less than 41 mm in height.
square, in relation to the retail packaging of tobacco products: see subsection 7(4).
tear strip means a line of plastic incorporated into a plastic or other wrapper, to enable the wrapper to be opened easily, but does not include any part of the wrapper that is removed with the tear strip when the wrapper is opened.
trade description means any trade description that is required to appear on the retail packaging of a tobacco product by regulations made under the Commerce (Trade Descriptions) Act 1905.
vertical, in relation to the retail packaging of tobacco products: see subsection 7(2).
Surfaces of cigarette packs (1) A reference in this instrument to an outer surface of a cigarette pack (such as the front outer surface) is a reference to all of that outer surface, including the part of that outer surface that forms part of the flip‑top lid. Surfaces of cigarette cartons (2) If a cigarette carton has one or more flaps with surfaces that become visible only when the carton is opened, those surfaces are taken to be inner surfaces of the carton.
Cylinders (1) A reference in this instrument to a cylinder or a cylindrical container includes a container that is, in one plane, elliptical, rather than circular, in cross‑section. Vertical retail packaging (2) Retail packaging of tobacco products is vertical if, when the brand name on the front outer surface is read, the longest edge of that outer surface is vertical. Horizontal retail packaging (3) Retail packaging of tobacco products is horizontal if, when the brand name on the front outer surface is read, the longest edge of that outer surface is horizontal. Square retail packaging (4) Retail packaging of tobacco products is square if, when the brand name on the front outer surface is read, the edges of the outer surface are the same dimensions.
For the purposes of this instrument, an adhesive label attached to the retail packaging of tobacco products is easily removable if: (a) it is not likely to stay attached during the expected life of the retail packaging; or (b) it can be removed without damaging the label or the retail packaging.
This Part prescribes amounts, in relation to tobacco products, for the purposes of the following provisions of the Act: (a) paragraph 17(b) (about when a tobacco product is presumed to be offered for retail sale); (b) paragraph 96(3)(b) (about the personal use exception for an individual’s possession of tobacco products in non‑compliant retail packaging); (c) paragraph 110(3)(b) (about the personal use exception for an individual’s possession of tobacco products in non‑compliant retail packaging obtained from a constitutional corporation).
For the purpose of paragraph 17(b) of the Act, the amount prescribed is: (a) for cigarettes—50 cigarettes; and (b) for tobacco products other than cigarettes—50 grams.
For the purposes of paragraphs 96(3)(b) and 110(3)(b) of the Act, the amount prescribed is: (a) for cigarettes—500 cigarettes; and (b) for tobacco products other than cigarettes—500 grams.
For the purposes of subsection 185(8) of the Act, on and from the commencement of this instrument, the Act is exempt from the operation of the Trans‑Tasman Mutual Recognition Act 1997.
Note: The exemption operates for a period of up to 12 months (see subsection 46(4) of the Trans‑Tasman Mutual Recognition Act 1997).
Chapter 2—Advertisements—permitted publications
The Act permits the publication of tobacco advertisements and e‑cigarette advertisements having an online point of sale in certain circumstances.
If there is no applicable State or Territory law, the Act allows the regulations to prescribe the matters with which such advertisements need to comply for publication to be permitted. This Chapter sets out those matters.
This Part prescribes matters in relation to the publication of a tobacco advertisement that is available on, or accessible using, the internet for the purposes of paragraph 32(3)(e) of the Act.
This Part prescribes matters in relation to: (a) a webpage: (i) on which a tobacco advertisement is displayed; or (ii) that provides a facility to purchase regulated tobacco items; and (b) the website on which such a webpage appears.
Basic requirements (1) A webpage on which a tobacco advertisement is displayed must: (a) contain a text list (the price board) of the regulated tobacco items advertised on the webpage; and (b) use only black text on a white background in the price board; and (c) display product information for the items in the price board in a standardised layout and format, using the same sans serif typeface and font size; and (d) for each item that is a tobacco product—include only the information permitted by subsection (2); and (e) include the statement ‘Product prices include all taxes’. Permitted information about tobacco products (2) The price board may include the following information for each tobacco product being advertised: (a) the brand name and variant name (if any) of the product; (b) the price of the product (inclusive of all taxes); (c) the package size or mass of the product; (d) a country of origin statement in the format required by subsection 89(1); (e) an item number or code for the product; (f) information about any other charges payable in relation to the sale of the product.
(1) A webpage: (a) on which a tobacco advertisement is displayed; or (b) that provides a facility to purchase regulated tobacco items; must display the online tobacco advertisement warnings in a prominent position at the top of the webpage. (2) The online tobacco advertisement warnings must be displayed using either of the following methods: (a) a static display that clearly displays, during each quarter of the year, the warning required by Schedule 1 for that quarter; (b) a dynamic display, in which each warning in Schedule 1 is clearly displayed in the sequence appearing in that Schedule for a period between 15 and 30 seconds. (3) The online tobacco advertisement warnings must be fixed in place so that they are clearly visible at all times to a person accessing the webpage. (4) The online tobacco advertisement warnings must: (a) be legible and undistorted; and (b) be scaled to suit the device on which they are viewed; and (c) not be collapsible. (5) The online tobacco advertisement warnings must not contain any link that allows access to any other webpage.
Note: A webpage that provides a facility for the purchase of both regulated tobacco items and e‑cigarette products must comply with this section (see subsection 25(2)).
This is an opening excerpt, not the complete document.