Tobacco Products (Health Warnings) Act 1986 (ACT)

Case

Tobacco Products (Health Warnings) Act 1986 (repealed)

A1986-49

Republication No 4

Effective:  6 October 2000

Republication date: 10 November 2008



As repealed by A2000-53 s 18

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Tobacco Products (Health Warnings) Act 1986 effective 6 October 2000.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    tobacco products (Health Warnings)

    act 1986

    This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

    TABLE OF PROVISIONS

    Section

    1.Short title

    3.Interpretation

    4.Labelling of packages

    5.Type and appearance of required labelling

    6.Rotation of warnings

    7.Completing the prescribed information

    8.Required labelling not to be removable etc.

    9.Prohibited words

    1. Containers without warnings

    schedule 1

    labelling requirements for packages

    schedule 2

    prescribed warnings

    schedule 3

    prescribed information

    tobacco products (Health Warnings)

    act 1986

    An Act to provide for the printing of health warnings on containers in which certain tobacco products are packaged

    1. Short title

      This Act may be cited as the Tobacco Products (Health Warnings) Act 1986.1

    2. Interpretation

    3. In this Act, unless the contrary intention appears—

      “brand name”, in relation to a container, carton or wrapping, or a label on a carton or wrapping, means the brand name of the tobacco product in the container, carton or wrapping;

      “package”, in relation to a tobacco product, means a package—

      (a)in which the product is packed by the manufacturer; and

      (b)that immediately contains the product;

      “prescribed information” means the prescribed information in clause 1 of Schedule 3;

      “prescribed warning” means a warning consisting of Parts A and B of an item in Schedule 2;

      “required labelling” means the labelling described in, or determined under, section 4;

      “sell” includes—

      (a)barter or exchange;

      (b)offer or expose for sale, barter or exchange;

      (c)supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and

      (d)supply, or offer to supply, gratuitously with a view to gaining or maintaining custom or otherwise with a view to commercial gain;

      “tobacco product” means tobacco, a cigarette or cigar or any other product—

      (a)a substantial ingredient of which is tobacco; and

      (b)that is designed for human consumption or use;

      but excludes nicotine and any product containing nicotine to which the Poisons Act 1933 applies.

    4. A reference in this Act to the surface of a package is a reference to the external surface of the package.

    5. If a package is individually wrapped in material that is not wholly transparent so as to allow the required labelling on the package to be readable, a reference in this Act (except section 7) to a package is to be taken to include a reference to that material.

    6. Labelling of packages

    7. A package in a class specified in Column A of an item in Schedule 1 shall be labelled—

      (a)subject to section 6, with Part A of a prescribed warning—

      (i)positioned in the manner, and filling the area on the package, specified in Column B of that item; and

      (ii)bordered by a black line;

    (b)with Part B of that prescribed warning—

    (i)positioned in the manner, and filling the area on the package, specified in Column C of that item; and

    (ii)bordered by a black line; and

    (c)with the prescribed information—

    (i)positioned in the manner, and filling the area on the package, specified in Column D of that item; and

    (ii)bordered by a black line.

    1. A class of package not specified in Column A of Schedule 1 shall be referred to the Minister for a determination under subsection (3).

    2. The Minister shall, on referral, determine in writing—

      (a)whether the whole, specified portions, or none, of the prescribed warnings and the prescribed information shall be required labelling for the class of package; and

    (b)the position of the required labelling and the area to be occupied by it on a package in that class (being not less than 25% and not greater than 30% of the area of a package).

    1. A package in a class that is the subject of a determination under subsection (3) shall be labelled in accordance with the determination.

    2. Type and appearance of required labelling

    3. The required labelling on a package shall be in black Helvetica type on a white background.

    4. The size of the type 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.

    1. A word or number in a prescribed warning or the prescribed information that appears in this Act in bold type or upper case shall appear in the required labelling on a package similarly in bold type or upper case.

    2. The area on a package required to be occupied by required labelling shall not contain any matter other than that required by this Act.

    3. The black line bordering a Part of a prescribed warning or the prescribed information shall be not less than 0.3 millimetres and not greater than 0.5 millimetres thickness.

    4. Rotation of warnings

      Where the required labelling for a class of package includes the whole, a Part, or any other portion, of a prescribed warning, a person who manufactures or imports 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 in labels on packages in that class with equal frequency during any 12 month period beginning on 1 July.

    Penalty:

    (a)if the offender is a natural person—5 penalty units;

    (b)if the offender is a body corporate—25 penalty units.

    1. Completing the prescribed information

    2. For the purpose of making the necessary insertions to complete the prescribed information on a package of cigarettes, the amount of tar, nicotine and carbon monoxide contained in the smoke from cigarettes in the package shall be determined in accordance with—

      (a)the following ISO standards:

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

    (b)if the manufacturer notifies the Minister in writing of the standards proposed to be used—any other ISO standards for determining the tar, nicotine and carbon monoxide content of cigarette smoke.

    1. The Minister shall publish the reference number of any standard notified under paragraph (1) (b) in the Gazette.

    2. In this section—

      “ISO standard” means a standard of the International Organization for Standardization;

      “reference number”, in relation to an ISO standard, means the letters ‘ISO’ followed by a number.

    3. Required labelling not to be removable etc.

    4. No portion of the required labelling on a package shall be able to be removed from the package.

    5. No portion of the required labelling on a package shall be destroyed or become unreadable when the package is opened in the normal way.

    6. Prohibited words

    7. In this section—

      “prohibited words” means words that—

      (a)contradict or tend to contradict the content of any required labelling on a package;

      (b)comment on, refer to, or explain the content of or the requirement for any required labelling on a package; or

      (c)directly or indirectly attribute the content of Part A of a prescribed warning to any person.

    8. A package shall not be labelled with or bear prohibited words.

    9. A package shall not be sold containing anything on which there are prohibited words.

    Penalty:

    (a)if the offender is a natural person—10 penalty units;

    (b)if the offender is a body corporate—50 penalty units.

    1. Containers without warnings

      A person shall not sell a tobacco product unless it is in a package that complies with this Act.

    Penalty:

    (a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

    (b)if the offender is a body corporate—250 penalty units.

    SCHEDULE 1  Section 4

    LABELLING REQUIREMENTS FOR PACKAGES

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

    SCHEDULE 2  Sections 4, 5 and 6

    PRESCRIBED WARNINGS

    Part A

    Part B

    1.  SMOKING CAUSES

           LUNG CANCER

    HEALTH AUTHORITY WARNING

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

    2.     SMOKING CAUSES

             HEART DISEASE

    HEALTH AUTHORITY WARNING

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

    HEALTH AUTHORITY WARNING

    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

    4.YOUR SMOKING CAN

            HARM OTHERS

    HEALTH AUTHORITY WARNING

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

    5.        SMOKING IS

               ADDICTIVE

    HEALTH AUTHORITY WARNING

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

                PREGNANT
         HARMS YOUR BABY

    HEALTH AUTHORITY WARNING

    HARM TO UNBORN BABIES.  Tobacco smoking in pregnancy can harm the unborn child.  Poisons in cigarette smoke reach the baby through the bloodstream.  If you smoke when you are pregnant you double the chance of having a baby of low birth-weight.  This risks the baby’s health.

    For help call the Quit Line:  13 1848

    SCHEDULE 3  Section 4

    PRESCRIBED INFORMATION

    The following, with such insertions as are necessary due to the contents of the package, is the prescribed information:

    “

    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

    ”.

    NOTES

    1.  The Tobacco Products (Health Warnings) Act 1986 as shown in this reprint comprises Act No. 49, 1986 amended as indicated in the Tables below.

    Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.

    2.  The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.

    Table 1

    Table of Ordinances

    Ordinance

    Number 

    and year

    Date of

    notification

    in Gazette

    Date of

    commencement

    Application, saving or transitional provisions
    Tobacco Products (Health Warnings) Ordinance 1986 49, 1986 28 Aug 1986

    Ss. 1, 2 and 7 (2):  1 July 1987

    Remainder:  1 Sept 1987
    Tobacco Products (Health Warnings) (Amendment) Ordinance 1987 22, 1987 15 June 1987 15 June 1987 S. 11

    Self-Government day 11 May 1989

    Table 2

    Table of Acts

    Act

    Number 

    and year

    Date of

    notification

    in Gazette

    Date of

    commencement

    Application, saving or transitional provisions
    Tobacco Products (Health Warnings) (Amendment) Act 1993 85, 1993 3 Dec 1993 Ss. 1-3:  3 Dec 1993
    Remainder:  1 Apr 1994     		Ss. 2 (3),
    7 and 8
    (Reprinted as at 1 April 1994)
    Statute Law Revision (Penalties) Act 1998 54, 1998 27 Nov 1998 Ss. 1 and 2:  27 Nov 1998
    Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)     		—
    repealed by
    Smoking Products Legislation Amendment Act 2000 53, 2000 5 Oct 2000 5 Oct 2000

    Table of Amendments

    ad. = added or inserted   am. = amended     rep. = repealed   rs. = repealed and substituted

    Provision                   How affected

    S.2.................................... rs. No. 22, 1987

    rep. Act No. 85, 1993

    S. 3.................................... am. No. 22, 1987; Act No. 85, 1993

    Ss. 4, 5.............................. am. No. 22, 1987

    rs. Act No. 85, 1993

    S.6.................................... rs. No. 22, 1987; Act No. 85, 1993

    am. No. 54, 1998

    S. 7.................................... am. No. 22, 1987

    rs. Act No. 85, 1993

    S. 7A.................................. ad. No. 22, 1987

    rep. Act No. 85, 1993

    S. 8.................................... rs. Act No. 85, 1993

    S. 9.................................... rep. No. 22, 1987

    ad. Act No. 85, 1993

    am. No. 54, 1998

    S. 10.................................. ad. Act No. 85, 1993

    am. No. 54, 1998

    Schedules1-3.................... ad. Act No. 85, 1993

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