Tobacco Control (Package Labels) Regulations 1993 (WA)

No judgment structure available for this case.

PR:N,T POST APPROVED PP665002/00041

6751

WESTERN
AUSTRAUAN
GOVERNMENT
az

ERTL, WEDNESDAY, 22 DECEIVMER 1993 No. 71

SPECIAL

PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 3.30 P.M.
TOBACCO CONTROL ACT 1990

ACC* CONTROL

G49072/12/93-1450
-')ACKAGE I AiirELS)
GUNATIONS 1993

22 December 1993] GOVERNMENT GAZETTE, WA 6753
TOBACCO CONTROL ACT 1990

TOBACCO CONTROL (PACKAGE LABELS)
REGULATIONS 1993

Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Tobacco Control (Package Labels)
Regulations 1993.
Interpretation
2. (1) In these regulations —
"black line" means a black line not less than 0.3 mm and not greater than 0.5
mm thick;
"prescribed information" means the information in Schedule 3;
"prescribed warning" means a warning in Schedule 2;
"required labelling" means the labelling required by regulation 3.

(2) A reference in these regulations to a surface of a package is a reference to the
external surface of the package.
If a package is individually wrapped in any material and the material is not wholly transparent so as to allow the required labelling on the package to be readable, a reference in these regulations (other than regulation 7) to a package is to be taken
(3)

Labelling of packages as including a reference to the material in which the package is individually wrapped.
3. (1) On and after 1 April 1994, a package of a class referred to in Column A of
Schedule 1 shall be labelled —

(a) subject to regulation 5, with Part A of one of the prescribed warnings bordered by a black line which shall —

(i) be positioned in the manner; and
(ii) occupy the area,
specified in Column B of Schedule 1;
6754 GOVERNMENT GAZETTE, WA [22 December 1993
2

(b) with Part B of the same prescribed warning bordered by a black line which shall —

(i) be positioned in the manner; and
(ii) occupy the area,
specified in Column C of Schedule 1; and

(c) subject to regulation 6, with the prescribed information bordered by a black line which shall —

(i) be positioned in the manner; and
(ii) occupy the area,
specified in Column D of Schedule 1.

(2) A class of package not referred to in Column A of Schedule 1 shall be referred to the Commissioner of Health for a determination under subregulation (3).
(3) The Commissioner of Health shall determine —

(a) whether the whole or none or only specified portions of the prescribed warnings and the prescribed information shall be the required labelling for the class of package; and
(b) the position of the required labelling and the area to be occupied by it on packages in the class; but shall not require the required labelling to occupy more than 30% of the surface area of packages in the class.

(4) A determination by the Commissioner of Health under subregulation (3) shall be in writing.
(5) A package of a class the subject of a determination under subregulation (3) shall be labelled in accordance with the determination.
Type and appearance of required labelling
4. (1) Required labelling on a package shall be —

(a) in Helvetica type; and
(b) in black type on a white background.

(2) The size of the type in required labelling on a package shall be consistent within each of the following:

(a) Part A of a prescribed warning.
(b) Part B of a prescribed warning.
(c) The prescribed information.
(3) Where in required labelling a word or number is in bold type or in upper case, the word or number in the required labelling on a package shall likewise be in bold type or in upper case, as the case requires.
(4) Where in Part B of a prescribed warning a line is centred, that line of the prescribed warning in the required labelling on a package shall likewise be centred.
(5) Where any portion of required labelling is to occupy a specific area on a package, the lettering used in that portion shall, as far as is practicable, fill the area to be occupied and be in the largest possible size of type.
(6) The area on a package required to be occupied by required labelling shall not contain any matter other than that required by these regulations.

22 December 19931 GOVERNMENT GAZETTE, WA 6755
3

Prescribed warnings to be rotated
5. If the required labelling for a class of package includes the whole, a Part, or any
portion of one of the prescribed warnings, the packer, or a person causing other
persons to pack tobacco products in that class of package, shall ensure that each
prescribed warning, or the required Part or portion of each prescribed warning, as the
case may be, is used on labels on packages in that class with equal frequency during
each period of 12 months commencing on 1 April 1994.
Prescribed information
6. For the purposes of inserting the appropriate information in the prescribed
information on a package of cigarettes, the amount of tar, nicotine, and carbon
monoxide in the smoke of cigarettes in the package shall be determined using the
following standards of the International Organization for Standardization ("ISO
standards"):

ISO 8243:1991 ISO 10315:1991
ISO 3402:1991 ISO 10362:1991
ISO 3308:1991 ISO 8454:1987
ISO 4387:1991

Required labelling not to be removable etc.
7. (1) No portion of the required labelling on a package shall be able to be
removed from the package.
(2) No portion of the required labelling on a package shall be destroyed or
become unreadable when the package is opened in the normal way.
Prohibited words on or in packages
8. (1) In this regulation "prohibited words" means —

(a)

words that contradict or tend to contradict the content of any required labelling on a package; or

(b)

words that comment on or explain the content of any required labelling on a package.

(2) A package labelled with required labelling shall not be sold bearing any
prohibited words.

(3) A package labelled with required labelling shall not be sold containing
anything on which are prohibited words.

Penalty: $1 000.
Review of regulations
9. The Commissioner of Health shall review these regulations and report
accordingly to the Minister within 5 years after the day on which they come into
operation.
Repeal and transitional
10. (1) The Tobacco Control (Package Labels) Regulations 1992 are repealed.
(2) The Tobacco (Warning Labels) Regulations 1987 are repealed on 1 April 1994.
6756 GOVERNMENT GAZETTE, WA [22 December 1993
4

(3) It is a defence to a charge under the Tobacco (Warning Labels) Regulations 1987 alleged to have been committed on or after the coming into operation of these regulations and before 1 April 1994 to prove that the labelling on a package would comply with these regulations.

22 December 1993) GOVERNMENT GAZETTE, WA 6757
5
SCHEDULE I
[reg. 3]

LABELLING REQUIREMENTS FOR PACKAGES

Column A Column B Column C Column D
CLASS OF POSITION OF POSITION OF POSITION OF
PACKAGE PART A OF PART B OF PRESCRIBED
PRESCRIBED PRESCRIBED INFORMATION
WARNING AND WARNING AND AND AREA TO
AREA TO BE AREA TO BE BE OCCUPIED
OCCUPIED BY IT OCCUPIED BY IT BY IT
1. Box or packet Position: Position: Position:
with flip-top, or On the front of On the back of the On one of the
square or the package at the package at the top long sides of the
rectangular box top and across the and across the full package.
or tin, containing full width of the width of the Area:
cigarettes. package. package. The whole of the
(This class Area: Area: long side of the
includes packages Not less than 25% Not less than 1/3 of package
known in the of the whole of the the whole of the excluding the
trade as "shell front of the back of the part that forms
and slide" and package. package. part of the lid (if
ones known as any).
"hinge lid".)
2. Soft packet Position: Position: Position:
(known in the On the front of On the back of the On one of the
trade as "soft the package not package not more long sides of the
cup") containing more than 15 mm than 15 mm below package.
cigarettes. below the top of the top of the Area:
the package and package and The whole of the

across the full across the full long side of the
width of the width of the package.
package. package.
Area: Area:
Not less than 25% Not less than 1/3 of
of the whole of the the whole of the
front of the back of the
package. package.
6758 GOVERNMENT GAZETTE, WA [22 December 1993
6
LABELLING REQUIREMENTS FOR PACKAGES—continued

Column A Column B Column C Column D
CLASS OF POSITION OF POSITION OF POSITION OF
PACKAGE PART A OF PART B OF PRESCRIBED
PRESCRIBED PRESCRIBED INFORMATION
WARNING AND WARNING AND AND AREA TO
AREA TO BE AREA TO BE BE OCCUPIED
OCCUPIED BY IT OCCUPIED BY IT BY IT
3. Pouch or wallet Position: Position: Not required.
containing loose On the front of On the back of the
tobacco. the package at the package but not
top and across the on any flap that
full width of the folds over the
package. back.
Area: Area:
Not less than 25% Not less than 1/3 of
of the whole of the the whole of the
front of the back of the
package. package.
4. Box or tin Position: Position: Not required.
containing loose On the lid of the On the back of the
tobacco. package. box or tin.
Area: Area:
Not less than 25% Not less than 1/3 of
of the whole of the the whole of the
lid of the package. back of the
package.
5. Box or tin Position: Not required. Not required.
containing cigars. On the front of
the package.

Area:
Not less than 25% of the whole of the front of the
package.

6. Individual Not required. Not required. Not required.
cigars.

22 December 1993] GOVERNMENT GAZETTE, WA 6759
7
SCHEDULE 2
fregs. 3, 51

PRESCRIBED WARNINGS

PART A PART B
HEALTH AUTHORITY WARNING

SMOKING CAUSES

LUNG CANCER. Tobacco smoke contains many cancer-causing chemicals. When the smoke is

LUNG CANCER

breathed in, these chemicals can damage the lungs, and can cause cancer. Lung cancer is the most common cancer caused by smoking. Lung cancer usually grows and spreads before it is noticed. In most cases, it kills rapidly.
For help call the Quit Line: 13 1848
HEALTH AUTHORITY WARNING

2. SMOKING CAUSES

HEART DISEASE. Tobacco smoking is a major cause of heart disease. It is a cause of blockages

EART DISEASE

in the body's arteries, which can lead to chest pain and heart attack. Heart attack is the most common cause of death in Australia. Smokers have double the chance of a heart attack compared to people who don't smoke.
For help call the Quit Line: 13 1848
HEALTH AUTHORITY WARNING

3.

SMOKIKG KILLS

DEATH. Tobacco smoking causes more illness and early death than the use of any other drug in Australia. It kills almost three times as many people as are killed by alcohol and all other drugs, combined. Six times more people die from the effects of smoking each year than from car accidents.
For help call the Quit Line: 13 1848
HEALTH AUTHORITY WARNING

4-YOUR ammo CAN

HARM TO OTHERS. Other people who breathe your tobacco smoke can be harmed. Your

MARE OT=IERS

smoking can increase their risk of lung cancer and heart disease. Children who breathe your smoke are more likely to be taken to hospital with asthma, and chest illnesses.
For help call the Quit Line: 13 1848
HEALTH AUTHORITY WARNING

5.

SMOKING IS

ADDICTION. Tobacco smoking is addictive. Nicotine, a drug in tobacco, makes smokers feel

ADDICTIVE like they need to smoke. The more you smoke,

the more your body will depend on getting nicotine, and you can find yourself hooked. Strong cravings for nicotine can make it difficult to give up.
For help call the Quit Line: 13 1848

6. HEALTH AUTHORITY WARNING

SMOKING WHEN

HARM TO UNBORN BABIES. Tobacco smoking in pregnancy can harm the unborn child. Poisons

REGMAAIT

in cigarette smoke reach the baby through the blood stream. If you smoke when you are

HARMS YOU'S' BABY

pregnant you double the chances of having a baby of low birth-weight. This risks the baby's health.
For help call the Quit Line: 13 1848
6760 GOVERNMENT GAZETTE, WA [22 December 1993
8
SCHEDULE 3

[regs. 3, 6]

PRESCRIBED INFORMATION
The following, with such insertions as are necessary due to the contents of the package, is the prescribed information:
a
The smoke from each cigarette* contains:
... milligrams of tar (condensed tobacco smoke containing many chemicals, including
some that cause cancer);
... milligrams of nicotine (a poison and addictive drug);
... milligrams of carbon monoxide (a deadly gas which reduces the ability of blood to
carry oxygen).
• individual cigarettes may vary from this yield.
By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.

G49072/12/93-1450By Authority: GARRY L. DUFFIELD, Government Printer

Actions

Download as PDF Download as Word Document

Citations

Tobacco Control (Package Labels) Regulations 1993 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

Labelling of packages	as including a reference to the material in which the package is individually wrapped.
3. (1) On and after 1 April 1994, a package of a class referred to in Column A of Schedule 1 shall be labelled —

(a)	whether the whole or none or only specified portions of the prescribed warnings and the prescribed information shall be the required labelling for the class of package; and
(b)	the position of the required labelling and the area to be occupied by it on packages in the class; but shall not require the required labelling to occupy more than 30% of the surface area of packages in the class.

(a)	in Helvetica type; and
(b)	in black type on a white background.

(a)	Part A of a prescribed warning.
(b)	Part B of a prescribed warning.
(c)	The prescribed information.

ISO 8243:1991	ISO 10315:1991
ISO 3402:1991	ISO 10362:1991
ISO 3308:1991	ISO 8454:1987
ISO 4387:1991

(a)	words that contradict or tend to contradict the content of any required labelling on a package; or
(b)	words that comment on or explain the content of any required labelling on a package.

Column A	Column B	Column C	Column D
CLASS OF	POSITION OF	POSITION OF	POSITION OF
PACKAGE	PART A OF	PART B OF	PRESCRIBED
PRESCRIBED	PRESCRIBED	INFORMATION
WARNING AND	WARNING AND	AND AREA TO
AREA TO BE	AREA TO BE	BE OCCUPIED
OCCUPIED BY IT	OCCUPIED BY IT	BY IT
1. Box or packet	Position:	Position:	Position:
with flip-top, or	On the front of	On the back of the	On one of the
square or	the package at the	package at the top	long sides of the
rectangular box	top and across the	and across the full	package.
or tin, containing	full width of the	width of the	Area:
cigarettes.	package.	package.	The whole of the
(This class	Area:	Area:	long side of the
includes packages	Not less than 25%	Not less than 1/3 of	package
known in the	of the whole of the	the whole of the	excluding the
trade as "shell	front of the	back of the	part that forms
and slide" and	package.	package.	part of the lid (if
ones known as	any).
"hinge lid".)
2. Soft packet	Position:	Position:	Position:
(known in the	On the front of	On the back of the	On one of the
trade as "soft	the package not	package not more	long sides of the
cup") containing	more than 15 mm	than 15 mm below	package.
cigarettes.	below the top of	the top of the	Area:
the package and	package and	The whole of the

across the full	across the full	long side of the
width of the	width of the	package.
package.	package.
Area:	Area:
Not less than 25%	Not less than 1/3 of
of the whole of the	the whole of the
front of the	back of the
package.	package.

SMOKING CAUSES	LUNG CANCER. Tobacco smoke contains many cancer-causing chemicals. When the smoke is
LUNG CANCER	breathed in, these chemicals can damage the lungs, and can cause cancer. Lung cancer is the most common cancer caused by smoking. Lung cancer usually grows and spreads before it is noticed. In most cases, it kills rapidly.

ADDICTIVE	like they need to smoke. The more you smoke,
the more your body will depend on getting nicotine, and you can find yourself hooked. Strong cravings for nicotine can make it difficult to give up.