Note These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.
2 Application
(1) Part 2 of these Regulations applies to tobacco (other than tobacco for export and cigars sold singly) that is:
(a) manufactured in Australia on or after 1 April 1994 but before 1 January 1995; or
(b) imported into Australia on or after 1 April 1994 but before 1 July 1995.
(2) Part 3 of these Regulations applies to tobacco (other than tobacco for export and cigars sold singly) that is:
(a) manufactured in Australia on or after 1 January 1995; or
(b) imported into Australia on or after 1 July 1995.
3 Interpretation
In these Regulations, unless the contrary intention appears:
cigar means a roll of cut tobacco for smoking, enclosed in tobacco leaf or the leaf of another plant.
cigarette means a roll of cut tobacco for smoking, enclosed in paper.
retail package has the meaning given by regulation 4.
tobacco includes cigarettes and cigars (other than cigars sold singly).
4 Meaning of retail package
(1) In these Regulations, retail package:
(a) means a package in which tobacco is sold at retail; and
(b) subject to subregulation (2), in the case where several packages are contained inside a larger package (for example, packets of cigarettes in a carton), and the whole is offered for retail sale as one unit, includes the larger package and each smaller package.
(2) In these Regulations, retail package does not include:
(a) a display case that is not sold with the tobacco displayed in it; or
(b) a wrapper on, or a container containing, a single cigar.
(3) For the purposes of these Regulations, if a retail package is normally sold wrapped in a wrapper (including but not limited to a transparent wrapper) that is normally removed from the package when the package is opened, the wrapper is not part of the retail package.
Part 2 Arrangements from 1 April 1994 to 31 December 1994 (Australian Tobacco) or to 30 June 1995 (Imported Tobacco)
5 Retail packages must bear certain labels
A retail package of tobacco must bear labels that are in accordance with the terms of the Schedule to the Health (Tobacco Warning Labels) Regulations 1986 of the State of Victoria, as those Regulations were in force on 31 August 1993.
Part 3 Arrangements from 1 January 1995 (Australian Tobacco)
or from 1 July 1995 (Imported Tobacco)
Division 1 General
6 Interpretation
(1) In this Part, unless the contrary intention appears:
corresponding explanatory message, in relation to a warning message, means the explanatory message that appears in the same item in Schedule 1 as the warning message.
explanatory message means a message set out in Column 3 of Schedule 1.
face, in relation to a retail package of which the outer surface includes 2 or more flat areas that are bounded by edges of the package, means any of those flat areas.
flip-top pack means a retail package of the kind commonly called a flip-top pack or hinge-top pack.
pouch means a retail package that:
(a) is made from flexible material; and
(b) takes the form of a rectangular pocket with a flap that covers the opening.
soft pack means a retail package of the kind commonly called a soft pack or soft cup.
warning message means a message set out in Column 2 of Schedule 1.
[Gaps, etc, created by opening package to be disregarded]
(2) For the purposes of these Regulations, unless the contrary intention appears, openings, gaps or edges that are created in a face of a retail package when the package is opened are to be disregarded.
[Flat areas may include decorative ridges, bulges, etc]
(3) Unless the contrary intention appears, an area of a surface that bears decorative ridges, embossing, bulges or other irregularities, but is otherwise flat, is taken to be a flat area for the purposes of these Regulations.
[Shape of certain kinds of package]
(4) For the purposes of these Regulations:
(a) a soft pack is taken to be a solid that has all its faces rectangular and that has edges equal in length to the edges of the smallest rectangular solid inside which the pack will fit when it is not compressed; and
(b) a face that has rounded corners but is otherwise square or rectangular is taken to be square or rectangular, as the case requires.
[Surface area of a retail package]
(5) For the purposes of these Regulations, the surface area of a retail package is the area that would be covered by the outer layer of the package if it were opened out and pressed flat.
[Cylindrical packages]
(6) To avoid doubt, it is declared that a reference in these Regulations to a cylindrical package includes a package that is, in one plane, elliptical, rather than circular, in cross-section.
[Adhesive labels]
(7) For the purposes of these Regulations, a message that is printed on an adhesive label attached to a retail package in accordance with regulation 14 is taken to be printed on the package to which the label is attached.
7 Retail package must bear warning message and, in certain cases, explanatory message
Subject to this Division, a retail package of tobacco must bear:
(a) a warning message and the corresponding explanatory message; or
(b) if permitted or required by another provision of these Regulations:
(i) a warning message, the same warning message repeated and the corresponding explanatory message; or
(ii) a warning message and the same warning message repeated.
8 Messages on certain smaller packages
(1) If the largest face of a retail package (other than a retail package of a kind described in item 8 of Schedule 2):
(a) has an area of 40 square centimetres or less; and
(b) would, but for this subregulation, be required to bear an explanatory message;
then:
(c) an explanatory message need not be printed on that face; and
(d) both that face and the face on which the warning message is to be printed must bear the same warning message.
(2) A retail package of a kind described in item 8 of Schedule 2:
(a) is not required to bear an explanatory message; and
(b) must bear a warning message printed on the package twice.
9 Format of warning message and explanatory message
A warning message or an explanatory message must be in the following format:
(a) the text must be printed:
(i) within a black rectangular or square border of which the lines are no wider than an upper-case letter ‘I’ in the type size used for the text of the message; and
(ii) on a white background within the border referred to in subparagraph (i);
(b) the text must be printed in the type face known as Helvetica, in upper-case and lower-case letters as the text of the message is set out in Schedule 1, in type that is:
(i) clear and legible; and
(ii) subject to paragraph (c), of the same height throughout the message; and
(iii) black; and
(iv) of normal weight; and
(v) of such a size that the text as nearly as possible fills the background on which it is printed; and
(c) the words ‘Government Health Warning’ must be in type of a point size not greater than 50% of the point size of the type used for the remainder of the message.
10 Position of warning message and explanatory message
(1) For a retail package of a kind described in item 1 or 2 of Schedule 2:
(a) the warning message is to be printed:
(i) on the face of the package specified in the relevant item; and
(ii) so that the upper edge of the background is no further than 3 millimetres below the upper edge of the face on which the message is printed; and
(b) the explanatory message is to be printed:
(i) on the face of the package that is opposite to the face on which the warning message is to be printed; and
(ii) so that the upper edge of the background is no further than 3 millimetres below the upper edge of the face on which the message is printed.
(2) For a retail package of a kind described in item 3, 5, 6 or 7 of Schedule 2:
(a) the warning message is to be printed on the face of the package specified in the relevant item; and
(b) the explanatory message is to be printed on the face of the package that is opposite to the face on which the warning message is to be printed.
(3) For a pouch described in item 4 of Schedule 2, the warning message is to be printed on the face of the pouch specified in the item.
(4) If the flap of a pouch described in item 4 of Schedule 2 is, in area, less than 33⅓% of the area of the face on which the warning message is to be printed, the explanatory message is to be printed:
(a) on the face that is partly covered by the flap when the package is closed; and
(b) not in the area that is covered by the flap when the package is closed.
(5) If the flap of a pouch described in item 4 of Schedule 2 is, in area, at least 33⅓% of the area of the face on which the warning message is to be printed, the explanatory message is to be printed on the outside of the flap.
(6) For a retail package of a kind described in item 8 of Schedule 2, the 2 warning messages are to be printed on the package as far apart as possible.
(7) For a retail package of a kind described in item 9 of Schedule 2:
(a) the warning message is to be printed on the face of the package specified in the item; and
(b) the explanatory message is to be printed as far as possible from the warning message on the package.
11 Area to be covered by warning message and explanatory message
(1) A warning message that is printed on a retail package of a kind described in items 1 to 7 (inclusive) of Schedule 2 must cover at least 25% of the area of the face on which it is printed.
(2) An explanatory message that is printed on a retail package of a kind described in items 1 to 7 (inclusive) of Schedule 2 must cover at least 33⅓% of the area of the face on which it is printed.
(3) A warning message that is printed on a retail package of a kind described in item 8 or 9 of Schedule 2 must cover at least 15% of the total surface area of the package.
(4) An explanatory message that is printed on a retail package of a kind described in item 9 of Schedule 2 must cover at least 20% of the total surface area of the package.
12 Orientation of a message
The text of a warning message or an explanatory message must be oriented as follows:
(a) if the face on which the message is to be printed has other text printed on it, and all, or the majority of, that other text is oriented in one direction — the text must be oriented in that direction; or
(b) if paragraph (a) does not apply — the text may be oriented in any direction.
13 Messages not to be obscured etc.
(1) If a message that is required by these Regulations to be printed on a retail package is likely to be obscured or obliterated by a wrapper on the package, the message must be printed on both the wrapper and the package.
(2) A message (other than a message on a carton) must not be likely to be obliterated, removed or rendered permanently unreadable when the retail package on which it is printed is opened in the normal way.
14 Use of adhesive labels
(1) A message that is required by these Regulations to be printed on a retail package may be printed on an adhesive label that is affixed to the retail package.
(2) Subregulation (1) does not apply to a flip-top pack or a soft pack after 30 June 1996.
(3) An adhesive label referred to in subregulation (1) must:
(a) comply with these Regulations in all respects other than as specifically set out in this regulation; and
(b) be affixed to the face of the package on which the message that it bears is required to be printed, but may be affixed anywhere on that face; and
(c) be fastened firmly to the retail package so as not to be easily removable.
(4) An adhesive label referred to in subregulation (1) may be affixed in any orientation.
15 Messages to appear in rotation
(1) Each warning message and (where required by these Regulations) the corresponding explanatory message must be printed in rotation on retail packages of tobacco, so that, during the period of 12 months beginning on 1 January in each year, each message appears as nearly as possible on an equal number of retail packages of each kind of tobacco.
(2) Tobacco is of different kinds for the purposes of subregulation (1) if:
(a) it is sold under different brand names; or
(b) it is sold under one brand name but is distinguished in one or more of the following ways:
(i) containing or not containing menthol;
(ii) being otherwise differently flavoured;
(iii) having different contents of tar;
(iv) allegedly differing in ‘mildness’;
(v) having or not having filter tips or cork tips;
(vi) being sold in retail packages containing different numbers of pieces;
(vii) being of different length or mass.
Division 2 Retail packages containing cigarettes
16 Application of Division
This Division applies to a retail package containing cigarettes.
17 Message to be printed on the side of a retail package of cigarettes
[Sides of certain packages]
(1) For the purposes of this regulation, a reference to the sides of a retail package containing cigarettes is a reference:
(a) in the case of a cylindrical retail package — to those parts of the curved surface of the package that, if the vertical centre-line of the largest brand-name on the curved surface of the package is taken to be at 0, extend:
(i) from 60 to 120; and
(ii) from 240 to 300;
around the circumference of a flat face of the package; and
(b) in the case of a package that has 2 faces that are hexagonal or octagonal, and of which all the other faces are square or rectangular — to the square or rectangular faces of the package, other than the front and the back; and
(c) in the case of a carton — to the larger 2 of the 4 faces other than the front and the back;
(d) in any other case — to the surfaces of the package, other than the back and the front, that are vertical when the package is held so that the axis of the cigarettes within it is vertical.
[Front and back]
(2) For the purposes of subregulation (1):
(a) the front of a retail package (other than a retail package of a kind described in item 8 or 9 of Schedule 2) is that face of the package on which the warning message is required to be printed; and
(b) the back of a retail package (other than a retail package of a kind described in item 8 or 9 of Schedule 2) is the face:
(i) on which the explanatory message is required to be printed; or
(ii) on which the explanatory message would, but for subregulation 8 (1), be required to be printed.
[Text of message for side of package]
(3) The following message must be printed on a retail package of cigarettes:
‘The smoke from each cigarette contains, on average:
(xx) milligrams or less of tar — condensed smoke containing many chemicals, including some that cause cancer;
(yy) milligrams or less of nicotine — a poisonous and addictive drug;
(zz) milligrams or less of carbon monoxide — a deadly gas which reduces the ability of blood to carry oxygen.’.
[Position of message — general]
(4) The message required by subregulation (3) must be printed on a retail package of a kind described in item 1, 2, 3, 5 or 7 of Schedule 2:
(a) if both or all of the sides of the package are the same in area — on one side of the package; or
(b) if one side of the package is larger than the other or others — on the larger or largest side; or
(c) if 2 or more sides of the package are larger than the other or others — on one of those larger sides.
[Position of message — certain retail packages]
(4A) The message required by subregulation (3) must be printed on a retail package of a kind described in item 8 or 9 of Schedule 2 anywhere on the package.
[Format of message]
(5) The message required by subregulation (3) must be printed:
(a) in the type face known as Helvetica, in type that is:
(i) clear and legible; and
(ii) black; and
(iii) of normal weight; and
(iv) of such a size that the text as nearly as possible fills the background on which it is printed; and
(b) in upper and lower case, as the text of the message is set out in subregulation (3); and
(c) if the message is required to appear on the side of the package, oriented so that the lines of type making up the message are parallel to the longest edges of the face on which the message is printed; and
(d) on a rectangular or square background of the kind set out in subregulation (6).
[Background]
(6) The background referred to in paragraph (5) (d):
(a) must be white; and
(b) must occupy:
(i) in the case of a retail package other than a flip-top pack, a carton or an irregular package — the whole of one side; or
(ii) in the case of a flip-top pack — the whole of one side except the part of that side that forms part of the top; or
(iii) in the case of a carton — at least 25% of the side on which the message is printed; or
(iv) in the case of a retail package of a kind described in item 8 or 9 of Schedule 2 — at least 9% of the total surface area of the package.
[Average tar, nicotine and carbon monoxide content of cigarette]
(7) When the message required by subregulation (3) is printed on a retail package, ‘(xx)’, ‘(yy)’ and ‘(zz)’ are to be replaced by:
(a) the average amount of tar, nicotine or carbon monoxide, respectively, produced by a cigarette of the kind contained in the retail package, when cigarettes of that kind are tested according to the testing methods specified in regulation 18; or
(b) if, when cigarettes of that kind are tested according to those testing methods:
(i) the average amount of tar produced by a cigarette does not exceed 16 milligrams; and
(ii) the average amount of nicotine produced by a cigarette does not exceed 1.5 milligrams; and
(iii) the average amount of carbon monoxide produced by a cigarette does not exceed 20 milligrams;
a figure worked out by taking from the column of Schedule 3 that relates respectively to tar, nicotine, or carbon monoxide the lowest figure that is greater than the average amount of tar, nicotine, or carbon monoxide, respectively, produced by a cigarette of that kind.
18 Testing methods
(1) The testing methods to be used for the purposes of subregulation 17 (7) to determine the average amount of tar, nicotine and carbon monoxide produced by a cigarette are the following standard methods published by the International Standards Organisation:
(a) tar — ISO 4387 (Determination of total and nicotine-free dry particulate matter using a routine analytical smoking machine);
(b) nicotine — ISO 10315 (Cigarettes — determination of nicotine in smoke condensates — gas chromatographic method);
(c) carbon monoxide — ISO 8454 (Cigarettes — determination of carbon monoxide in the vapour phase of smoke (NDIR method)).
(2) The testing methods specified in subregulation (1) are to be used in accordance with the following standards published by the International Standards Organisation:
(a) ISO 3308 (Routine analytical cigarette-smoking machine — definitions and standard conditions);
(b) ISO 8243 (Cigarettes — sampling);
(c) ISO 3402 (Tobacco and tobacco products — atmosphere for conditioning and testing).
Division 3 Cigars
19 Application of Division
This Division applies to a retail package containing cigars.
20 Packages of cigars must bear certain messages
A retail package containing cigars must bear:
(a) a warning message, and the corresponding explanatory message, in accordance with Division 1; or
(b) a warning message, the warning message repeated, and the corresponding explanatory message, in accordance with regulation 21; or
(c) a warning message, and the corresponding explanatory message, in accordance with regulation 22.
21 Messages on package with hinged lid
(1) A warning message and explanatory message may be printed on a retail package in accordance with this regulation if and only if the package has a hinged lid formed by one face of the package.
(2) A retail package containing cigars bears a warning message and the corresponding explanatory message in accordance with this subregulation if:
(a) the warning message is printed on both the outside of the lid and the base of the package; and
(b) each warning message occupies at least 25% of the area of the face on which it is printed; and
(c) the explanatory message is printed on the inside surface of the lid; and
(d) the explanatory message occupies at least 33% of the area of the inside surface of the lid; and
(e) the warning message and the explanatory message are otherwise in accordance with Division 1.
22 Messages on other packages of cigars
A retail package containing cigars bears a warning message and the corresponding explanatory message in accordance with this regulation if:
(a) the warning message is printed on the face of the package that is specified in Schedule 2 for a package of that kind; and
(b) the corresponding explanatory message is printed on the face of the package that is opposite to the face on which the warning message is, under paragraph (a), to be printed; and
(c) the areas occupied by the warning message and the explanatory message are as set out in the item of Schedule 4 that applies to that package; and
(d) the warning message and the explanatory message are otherwise in accordance with Division 1.
Schedule 1 Warning messages and explanatory messages
(regulation 6)
Column 1
Column 2
Column 3
Item number
Warning message
Explanatory message
1
SMOKING CAUSES LUNG CANCERGovernment Health Warning
SMOKING CAUSES LUNG CANCER.Tobacco smoke contains many cancer-causing chemicals including tar. When you breathe the smoke in, these chemicals can damage the lungs, and can cause cancer. Lung cancer is the most common cancer caused by smoking. Lung cancer can grow and spread before it is noticed. It can kill rapidly. For more information, call 13 2130.Government Health Warning
2
SMOKING IS ADDICTIVEGovernment Health Warning
SMOKING IS ADDICTIVE.Nicotine, a drug in tobacco, makes smokers feel they need to smoke. The more you smoke, the more your body will depend on getting nicotine and you may find yourself hooked. It may be difficult to give up smoking once you are hooked on nicotine. For more information, call 13 2130.Government Health Warning
3
SMOKING KILLSGovernment Health Warning
SMOKING KILLS.In Australia, tobacco smoking causes more illness and early death than using any other drug. Tobacco smoking causes more than four times the number of deaths caused by car accidents. For more information, call 13 2130.Government Health Warning
4
SMOKING CAUSES HEART DISEASEGovernment Health Warning
SMOKING CAUSES HEART DISEASE.Tobacco smoking is a major cause of heart disease. It can cause blockages in the body’s arteries. These blockages can lead to chest pain and heart attacks. Heart attack is the most common cause of death in Australia. Smokers run a far greater risk of having a heart attack than people who don’t smoke. For more information, call 13 2130.Government Health Warning
5
SMOKING WHEN PREGNANT HARMS YOUR BABYGovernment Health Warning
SMOKING WHEN PREGNANT HARMS YOUR BABY.Poisons in tobacco smoke reach your baby through the bloodstream. If you smoke when you are pregnant, you greatly increase the chance of having a baby of low birth-weight. Smoking may lead to serious complications which could harm your baby. For more information, call 13 2130.Government Health Warning
6
YOUR SMOKING CAN HARM OTHERSGovernment Health Warning
YOUR SMOKING CAN HARM OTHERS.Tobacco smoke causes cancer and poisons people. People who breathe in your tobacco smoke can be seriously harmed. Your smoking can increase their risk of lung cancer and heart disease. Children who breathe your smoke may suffer asthma attacks and chest illnesses. For more information, call 13 2130.Government Health Warning.
Schedule 2 Positions on retail packages where warning message is to be printed
(regulation 10)
Column 1
Column 2
Column 3
Item
Type of retail package
Face of the package on which warning message is to be printed
1
Flip-top pack
That face that includes the front face of the flip-top
2
Soft pack
If the brand name is printed on only one of the largest faces, or is printed in larger type on one of those faces, that face; otherwise, either of the largest faces
3
Any other retail package (except a pouch) all the faces of which are rectangular or square
(a) If one of the largest faces of the package forms, or forms part of, a lid —that face.(b) In the case of a carton referred to in paragraph 4 (1) (b) —any of the largest faces of the carton.(c) In any other case —that one of the largest faces of the package that is towards a person who holds the package correctly for the purpose of removing its contents.
4
Pouch
That one of the largest faces of the folded package that is not overlapped by the flap of the package
5
Cylindrical package containing cigarettes or cigars
That part of the curved surface of the package that extends one-twelfth of the circumference of the package each side of the vertical centre line of the brand name label on that surface (or, if that label appears more than once on that surface, the larger or largest of those labels)
6
Cylindrical package containing tobacco
That one of the circular faces that forms, or forms part of, the lid
7
Package in the shape of a hexagonal or octagonal prism, containing cigarettes or cigars
That one of the rectangular faces of the package that bears the brand name label; or, if that label appears on more than one of those faces, the face on which the larger or largest of those labels appears
8
A retail package:(a) the shape of which is not described in items 1 to 7 (inclusive); and(b) the total surface area of which is less than 145 square centimetres
The package must bear 2 warning messages, printed as far apart as possible.The messages must be printed on the face, or faces, of the package that allow this result to be achieved.
9
A retail package:(a) the shape of which is not described in items 1 to 7 (inclusive); and(b) the total surface area of which is at least 145 square centimetres
Any face of the package.
Schedule 3 Figures for describing average amounts of tar, nicotine and carbon monoxide
(subregulation 17 (7))
Tar (milligrams)
Nicotine (milligrams)
Carbon monoxide (milligrams)
1
0.2
2
2
0.3
3
4
0.4
5
8
0.8
10
12
1.2
15
16
1.5
20
Schedule 4 Areas to be occupied by messages on certain packages of cigars
(paragraph 22 (c))
Column 1
Column 2
Column 3
Column 4
Item
Area of front and back face of package (cm2)
Area to be occupied by warning message (cm2)
Area to be occupied by explanatory message (cm2)
1
less than 70
15
20
2
not less than 70 but less than 90
20
27
3
not less than 90 but less than 110
25
33
4
not less than 110 but less than 130
30
40
5
not less than 130 but less than 150
35
46
6
not less than 150 but less than 170
40
53
7
not less than 170 but less than 250
53
70
8
not less than 250 but less than 330
73
96
9
330 or greater
73
96
Notes to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations
Note 1
Note: The Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations (in force under the Trade Practices Act 1974) as shown in this compilation comprise Statutory Rules 1994 No. 83 amended as indicated in the Tables below.