Tobacco Marketing Act 1965 (Cth)

TOBACCO MARKETING ACT 1965
- Updated as at 6 January 1994 (#DATE 06:01:1994)

*1* The Tobacco Marketing Act 1965 as shown in this reprint comprises Act No. 85, 1965 amended as indicated in the Tables below.

Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
Year transitional
provisions
Tobacco Marketing Act 1965
85, 1965 4 Dec 1965 4 Dec 1965
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 -
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 1978 12 June 1978 S. 8
Export Control (Miscellaneous Amendments) Act 1982
48, 1982 9 June 1982 1 Jan 1983 -
(see s. 2 and
Gazette 1982,
No. G48)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (a) -
Primary Industries (Recovery of Levy Collection Expenses) Act 1988
51, 1988 15 June 1988 15 June 1988 S. 2 (2)-(4)
Primary Industries and Energy Legislation Amendment Act (No. 2) 1989
15, 1990 17 Jan 1990 S. 3: 17 July 1990 (b) -
(a) The Tobacco Marketing Act 1965 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
(b) The Tobacco Marketing Act 1965 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1989, paragraph 2 (2) (g) and subsection 2 (3) of which provide as follows:
"(2) Subject to subsection (3), the amendments of:
(g) the Tobacco Marketing Act 1965;
made by this Act commence on a day or days to be fixed by Proclamation.
"(3) If an amendment of an Act referred to in subsection (2) does not commence under that section within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 rep. No. 216, 1973
S. 4 am. No. 15, 1990
Heading to Part II rs. No. 15, 1990
Ss. 5-11 am. No. 15, 1990
S. 13 am. No. 216, 1973; No. 15, 1990
S. 14 am. No. 15, 1990
Heading to Part III am. No. 15, 1990
Ss. 15, 16 am. No. 15, 1990
S. 17 am. No. 216, 1973; No. 65, 1985; No.
15, 1990
S. 18 am. No. 93, 1966; No. 15, 1990
Ss. 19, 20 am. No. 15, 1990
S. 21 am. No. 51, 1988; No. 15, 1990
Ss. 22-25 am. No. 15, 1990
S. 26 am. No. 36, 1978; No. 15, 1990
S. 27 rs. No. 48, 1982
S. 28 am. No. 15, 1990
S. 29 am. No. 93, 1966

TOBACCO MARKETING ACT 1965 - TABLE OF PROVISIONS 
TABLE

                 TABLE OF PROVISIONS

Section

                        PART I - PRELIMINARY

    1.    Short title

    2.    Commencement

    3.    (Repealed)

    4.    Definitions

             PART II - THE AUSTRALIAN TOBACCO COMMITTEE

    5.    Establishment of Committee

    6.    Membership of the Committee

    7.    Chairman

    8.    Deputies of members

    9.    Remuneration and allowances

   10.    Meetings of the Committee

   11.    Leave of absence

   12.    Removal of members

   13.    Vacation of office

   14.    Resignation

          PART III - FUNCTIONS AND POWERS OF THE COMMITTEE

   15.    Functions

   16.    Powers generally

   17.    Staff

                         PART IV - EXPORT CONTROL

   18.    Regulations may prohibit export except on conditions

                             PART V - FINANCE

   19.    Payments to the Committee

   20.    Bank accounts

   21.    Application of moneys by Committee

   22.    Investment of moneys of the Committee

   23.    Proper accounts and records to be kept

   24.    Audit

   25.    Taxation

                          PART VI - MISCELLANEOUS

   26.    Annual report of Committee

   27.    Operation of certain laws not restricted

   28.    Indemnity

   29.    Regulations

TOBACCO MARKETING ACT 1965 - LONG TITLE 
SECT

              An Act relating to the Marketing of Tobacco Leaf

TOBACCO MARKETING ACT 1965 - PART I 
 PART I - PRELIMINARY 

TOBACCO MARKETING ACT 1965 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Tobacco Marketing Act 1965.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TOBACCO MARKETING ACT 1965 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives Royal
Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TOBACCO MARKETING ACT 1965 - SECT 4 
Interpretation 
SECT

  4. In this Act, unless the contrary intention appears:

  "approved bank" means the Reserve Bank of Australia or another bank approved
by the Treasurer for the purposes of the provision in which the expression is
used;

  "member" means member of the Committee;

  "State Board, in relation to a State, means the authority, if any,
constituted by or under the law of the State, whether before or after the
commencement of this Act, that is empowered to perform functions in relation
to the marketing of tobacco;

  "the appropriate Minister", in relation to a State, means the Minister of
State of the State administering the Department of the State dealing with
agricultural matters, and includes a Minister of State of that State acting on
behalf of that Minister;

  "the Auditor-General" means the Auditor-General for the Commonwealth;

  "the Chairman" means the Chairman of the Committee;

  "the Committee" means the Australian Tobacco Marketing Advisory Committee
established by subsection 5 (1);

  "the Deputy Chairman" means the Deputy Chairman of the Committee;

  "tobacco leaf" means leaf of the tobacco plant that has been cured, but has
not been subjected to any process of manufacture other than drying or
re-drying.

TOBACCO MARKETING ACT 1965 - PART II 
 PART II - AUSTRALIAN TOBACCO MARKETING ADVISORY COMMITTEE 

TOBACCO MARKETING ACT 1965 - SECT 5 
Establishment of Committee 
SECT

  5. (1) For the purposes of this Act, there is hereby established a board by
the name of the Australian Tobacco Marketing Advisory Committee.
  (2) The Committee:

  (a) is a body corporate, with perpetual succession;

  (b) shall have a common seal;

  (c) may acquire, hold and dispose of real and personal property; and

  (d) may sue and be sued in its corporate name.
  (3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Committee affixed to a document and shall
presume that it was duly affixed.

TOBACCO MARKETING ACT 1965 - SECT 6 
Membership of the Committee 
SECT

  6. (1) The Committee shall consist of twelve members, namely:

  (a) one member to represent the Commonwealth;

  (b) one member to represent the State of New South Wales;

  (c) one member to represent the State of Victoria;

  (d) one member to represent the State of Queensland;

  (e) one member to represent tobacco growers in the State of New South
Wales;

  (f) one member to represent tobacco growers in the State of Victoria;

  (g) one member to represent tobacco growers in the State of Queensland;

  (h) one other member to represent tobacco growers; and

  (i) four members to represent tobacco manufacturers.
  (2) The members referred to in paragraphs (a), (h) and (i) of the last
preceding subsection shall be appointed by the Minister.
  (3) A member representing a State shall be appointed by the Minister on the
nomination of the appropriate Minister of the State.
  (4) A member representing tobacco growers in a State shall be appointed in
the following manner:

  (a) if there is a State Board in the State - he shall be appointed by the
Minister from amongst the members of the State Board on the nomination of the
appropriate Minister of the State; or

  (b) if there is no State Board in the State - he shall be appointed by the
Minister on the nomination of the appropriate Minister of the State.
  (5) Subject to this Act, a member holds office for such period as is
specified in the instrument of appointment, being a period not exceeding four
years.
  (6) A member appointed in accordance with paragraph (a) of subsection (4) of
this section ceases to hold office if he ceases to be a member of the State
Board.
  (7) Where, after the appointment of a member in accordance with paragraph
(b) of subsection (4) of this section, a State Board is constituted in the
relevant State, that member ceases to hold office on the day on which the
State Board is constituted.
  (8) If a member ceases to hold office before the expiration of his term of
office, a person may be appointed, in accordance with this section, to hold
the vacant office for the remainder of the term of office of the member.
  (9) The appointment of a member is not invalidated, and shall not be called
in question, by reason of a defect or irregularity in connexion with his
appointment.
  (10) The exercise of a power or the performance of a function of the
Committee is not invalidated by reason only of a vacancy or vacancies in the
membership of the Committee.
  (11) A member is eligible for re-appointment.

TOBACCO MARKETING ACT 1965 - SECT 7 
Chairman 
SECT

  7. The member representing the Commonwealth is Chairman of the Committee.

TOBACCO MARKETING ACT 1965 - SECT 8 
Deputies of members 
SECT

  8. (1) There shall be a deputy of each member of the Committee.
  (2) The deputy of a member shall be appointed in the same manner as the
member of whom he is the deputy.
  (3) The deputy of a member holds office during the pleasure of the Minister,
but the Minister shall not remove from office the deputy of a member referred
to in paragraph (b), (c), (d), (e), (f) or (g) of subsection (1) of section 6
of this Act unless he has consulted the appropriate Minister of the relevant
State with respect to the removal.
  (4) The deputy of a member is entitled, in the event of the absence of the
member from a meeting of the Committee, to attend that meeting and, when so
attending, shall be deemed to be a member.
  (5) The deputy of the member representing the Commonwealth shall be the
Deputy Chairman of the Committee.

TOBACCO MARKETING ACT 1965 - SECT 9 
Remuneration and allowances 
SECT

  9. (1) Members and deputies of members shall be paid such remuneration and
allowances as the Governor-General determines.
  (2) If a member or a deputy of a member is a member of, or a candidate for
election to, the Parliament of the Commonwealth or of a State, he shall not be
paid remuneration or allowances under the last preceding subsection, but
shall, subject to the approval of the Minister, be reimbursed such expenses as
he reasonably incurs by reason of his attendance at meetings of the Committee
or of his engagement (whether in Australia or overseas), with the approval of
the Committee, on business of the Committee.
  (3) A person invited by the Committee to attend a meeting of the Committee
may be paid in respect of that attendance such fees and allowances as the
Minister determines.

TOBACCO MARKETING ACT 1965 - SECT 10 
Meetings of the Committee 
SECT

  10. (1) The Committee shall hold meetings at such times and places as the
Committee determines.
  (2) The Chairman or, when the Chairman is outside Australia or the office of
Chairman is vacant, the Deputy Chairman, may, at any time, convene a meeting
of the Committee and shall do so upon the request in writing of not less than
five members.
  (3) The Chairman shall preside at all meetings of the Committee at which he
is present.
  (4) In the absence of the Chairman from a meeting of the Committee, the
Deputy Chairman, if he is present, shall preside.
  (5) In the event of the absence of both the Chairman and the Deputy Chairman
from a meeting of the Committee, the members present shall elect one of their
number to preside at that meeting.
  (6) At a meeting of the Committee, seven members constitute a quorum.
  (7) A question arising at a meeting of the Committee shall be determined by
a majority of votes of the members present and voting.
  (8) The member presiding at a meeting of the Committee has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
  (9) The Committee shall keep a record of its proceedings.
  (10) The Committee may invite a person to attend a meeting of the Committee
for the purpose of advising or informing the Committee on any matter.

TOBACCO MARKETING ACT 1965 - SECT 11 
Leave of absence 
SECT

  11. The Committee may grant leave of absence to a member upon such terms and
conditions:

  (a) as to remuneration as the Governor-General determines; and

  (b) as to other matters as the Committee determines.

TOBACCO MARKETING ACT 1965 - SECT 12 
Removal of members 
SECT

  12. The Minister may remove a member from office for misbehaviour or
inability to carry out the duties of his office.

TOBACCO MARKETING ACT 1965 - SECT 13 
Vacation of office 
SECT

  13. If a member of the Committee:

  (a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;

  (b) is absent, except on leave granted by the Committee, from three
consecutive meetings of the Committee; or

  (c) is convicted of an offence punishable under a law of the Commonwealth, a
State or a Territory by imprisonment for one year or longer;

the Minister shall, by notice published in the Gazette, remove the member from
office.

TOBACCO MARKETING ACT 1965 - SECT 14 
Resignation 
SECT

  14. A member of the Committee, or the deputy of a member, may resign his
office by notice under his hand delivered to the Minister.

TOBACCO MARKETING ACT 1965 - PART III 
 PART III - FUNCTIONS AND POWERS OF THE COMMITTEE 

TOBACCO MARKETING ACT 1965 - SECT 15 
Functions 
SECT

  15. The functions of the Committee are:

  (a) to make recommendations to the Minister with respect to the making of
regulations for the purposes of section 18 of this Act;

  (b) to make reports and suggestions to, and to formulate plans for the
consideration of, the Minister with respect to the interstate marketing, and
the export and the marketing overseas, of Australian tobacco leaf;

  (c) with the consent of the Minister, to advise any State Board or other
authority or person with respect to the interstate marketing, or the export
and the marketing overseas, of Australian tobacco leaf; and

  (d) such other functions as are conferred on the Committee by or under this
Act.

TOBACCO MARKETING ACT 1965 - SECT 16 
Powers generally 
SECT

  16. (1) The Committee has power to do all things that are necessary or
convenient to be done for or in connexion with the performance of its
functions.
  (2) Nothing in this Act prevents the Committee from exercising or
performing, unless the Minister otherwise directs, a power, function or duty
in relation to the marketing of tobacco leaf, whether in Australia or
elsewhere, conferred or imposed on it by a State Act.

TOBACCO MARKETING ACT 1965 - SECT 17 
Staff 
SECT

  17. (1) Subject to this section, the Committee may employ such persons as it
thinks necessary to assist the Committee in carrying out its functions and
exercising any of its powers.
  (2) The terms and conditions of employment of persons employed under this
section are such as are, subject to the approval of the Minister determined by
the Committee.

TOBACCO MARKETING ACT 1965 - PART IV 
 PART IV - EXPORT CONTROL 

TOBACCO MARKETING ACT 1965 - SECT 18 
Regulations may prohibit export except on conditions 
SECT

  18. (1) For the purpose of enabling the Committee effectively to control the
export, and the sale and distribution after export, of tobacco leaf, the
regulations may prohibit the export from Australia of tobacco leaf by a person
other than the Committee unless:

  (a) the Committee has issued a permit to the person to export the tobacco
leaf and any conditions contained in the permit are complied with; and

  (b) the export is in accordance with such conditions and restrictions as are
prescribed.
  (2) Regulations prescribing conditions or restrictions for the purposes of
paragraph (b) of the last preceding subsection shall not be made unless the
conditions or restrictions, as the case may be, have been recommended to the
Minister by the Committee.
  (3) A person shall not export tobacco leaf from Australia in contravention
of the regulations.

Penalty: One thousand dollars.

TOBACCO MARKETING ACT 1965 - PART V 
 PART V - FINANCE 

TOBACCO MARKETING ACT 1965 - SECT 19 
Payments to the Committee 
SECT

  19. There shall be paid to the Committee out of the Consolidated Revenue
Fund such amounts as are appropriated by the Parliament for the purposes of
the Committee.

TOBACCO MARKETING ACT 1965 - SECT 20 
Bank accounts 
SECT

  20. (1) The Committee shall open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
  (2) The Committee shall pay all moneys of the Committee into an account
referred to in this section.

TOBACCO MARKETING ACT 1965 - SECT 21 
Application of moneys by Committee 
SECT

  21. The moneys of the Committee may be applied:

  (a) in payment or discharge of the expenses, charges and obligations of the
Committee;

  (aa) in payment to the Commonwealth of amounts equal to the expenses
incurred by the Commonwealth in relation to:

    (i) the collection or recovery of charge imposed by the Tobacco

Charge Act (No. 1) 1955, the Tobacco Charge Act (No. 2) 1955, or the Tobacco
Charge Act (No. 3) 1955, additional charge imposed under section 18 of the
Tobacco Charge Assessment Act 1955 or penalty imposed under section 29 of that
Act; or

    (ii) the administration of section 19 of this Act; and

  (b) in payment of any remuneration, allowances or fees payable to any person
under this Act;

but not otherwise.

TOBACCO MARKETING ACT 1965 - SECT 22 
Investment of moneys of the Committee 
SECT

  22. Moneys of the Committee not immediately required for the purposes of the
Committee may be invested:

  (a) in securities of or guaranteed by the Commonwealth or a State;

  (b) on fixed deposit with an approved bank; or

  (c) in such other manner as the Treasurer approves.

TOBACCO MARKETING ACT 1965 - SECT 23 
Proper accounts and records to be kept 
SECT

  23. The Committee shall keep proper accounts and records of its transactions
and affairs and shall do all things necessary to ensure that all payments of
moneys under its control are properly authorized and correctly made and that
adequate control is maintained over its assets and the incurring by it of
liabilities.

TOBACCO MARKETING ACT 1965 - SECT 24 
Audit 
SECT

  24. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Committee and shall forthwith draw the
Minister's attention to any irregularity revealed by the inspection and audit
that is, in the opinion of the Auditor-General, of sufficient importance to
justify his so doing.
  (2) The Auditor-General or an officer of the Public Service of the
Commonwealth authorized by him is entitled at all reasonable times to full and
free access to all accounts, records, documents and papers of the Committee
relating directly or indirectly to the receipt or payment of moneys by the
Committee or to the acquisition, receipt, custody or disposal of assets of the
Committee.
  (3) The Auditor-General or an officer of the Public Service of the
Commonwealth authorized by him may make copies of or take extracts from any
such accounts, records, documents or papers.
  (4) The Auditor-General or an officer of the Public Service of the
Commonwealth authorized by him may require a member of the Committee or a
member of the staff of the Committee to furnish him with such information in
the possession of that person or to which that person has access as the
Auditor-General or authorized officer considers necessary for the purposes of
an inspection or audit under this Act, and that person shall comply with the
requirement.

TOBACCO MARKETING ACT 1965 - SECT 25 
Taxation 
SECT

  25. (1) Subject to this section, the Committee is subject to taxation (other
than taxes on income) under the laws of the Commonwealth, but is not subject
to taxation under a law of a State or Territory to which the Commonwealth is
not subject.
  (2) Stamp duty imposed by or under the law of a State or Territory is
payable by the Committee in respect of instruments and documents executed by
or on behalf of the Committee.

TOBACCO MARKETING ACT 1965 - PART VI 
 PART VI - MISCELLANEOUS 

TOBACCO MARKETING ACT 1965 - SECT 26 
Annual report of Committee 
SECT

  26. (1) The Committee shall, as soon as practicable after each thirty-first
day of December, prepare and furnish to the Minister a report on the operation
of this Act during the year ended on that date, together with financial
statements in respect of that year in such form as the Minister for Finance
approves.
  (2) Before furnishing the financial statements to the Minister, the
Committee shall submit them to the Auditor-General, who shall report to the
Minister:

  (a) whether the statements are based on proper accounts and records;

  (b) whether the statements are in agreement with the accounts and records
and show fairly the financial operations and state of the affairs of the
Committee;

  (c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Committee during the year have been
in accordance with this Act; and

  (d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
  (3) The Minister shall cause the report and financial statements of the
Committee, together with the report of the Auditor-General, to be laid before
each House of the Parliament within fifteen sitting days of that House after
their receipt by the Minister.

TOBACCO MARKETING ACT 1965 - SECT 27 
Operation of certain laws not restricted 
SECT

  27. Nothing in this Act or the regulations restricts the operation of the
Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export
Control Act 1982, or of any regulations made under any one or more of those
Acts.

TOBACCO MARKETING ACT 1965 - SECT 28 
Indemnity 
SECT

  28. A member of the Committee or the deputy of a member of the Committee or
the Deputy Chairman, is not personally liable for an act of the Committee or
for his act when acting as a member of the Committee, as the deputy of a
member of the Committee, or as Deputy Chairman, as the case may be.

TOBACCO MARKETING ACT 1965 - SECT 29 
Regulations 
SECT

  29. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act and, in particular, prescribing penalties not
exceeding a fine of One hundred dollars for offences against the regulations.