Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations (Amendment) (Cth)

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Statutory Rules 1994

No. 408 1

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Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.

Dated 6 December 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

JEANNETTE Mchugh

Minister for Consumer Affairs

____________

1.   Amendment

1.1   The Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Application)

2.1   Omit the regulation, substitute:

Application

“2.

(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.   Part 2 (Heading)

3.1   Omit the heading, substitute:

“PART 2—ARRANGEMENTS FROM 1 APRIL 1994 TO 31 DECEMBER 1994 (AUSTRALIAN TOBACCO) OR TO 30 JUNE 1995 (IMPORTED TOBACCO)”.

4.   Part 3 (Heading)

4.1   Omit the heading, substitute:

“PART 3—ARRANGEMENTS FROM 1 JANUARY 1995 (AUSTRALIAN TOBACCO) OR FROM 1 JULY 1995 (IMPORTED TOBACCO)”.

5.   Regulation 6 (Interpretation)

5.1   Subregulation 6 (1) (definition of “irregular package”):

Omit the definition.

5.2   Subregulation 6 (1) (definition of “pouch”):

Omit the definition, substitute:

“ ‘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;”.

5.3   Subregulation 6 (3):

Omit the subregulation, substitute:

[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.”.

5.4   Subregulation 6 (5):

Omit the subregulation, substitute:

[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.”.

6.   Regulation 8 (Messages on certain smaller packages)

6.1   Subregulation 8 (1):

Omit “(other than an irregular package):”, substitute “(other than a retail package of a kind described in item 8 of Schedule 2):”.

6.2   Subregulation 8 (2):

Omit the subregulation, substitute:

“(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.”.

7.   Regulations 10 and 11

7.1   Omit the regulations, substitute:

Position of warning message and explanatory message

“10.

(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 33% 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 33% 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.

Area to be covered by warning message and explanatory message

“11.

(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 33% 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.”.

8.   Regulation 17 (Message to be printed on the side of a retail package of cigarettes)

8.1   Paragraph 17 (2) (a):

Omit “(other than an irregular package)”, substitute “(other than a retail package of a kind described in item 8 or 9 of Schedule 2)”.

8.2   Paragraph 17 (2) (b):

Omit “(other than an irregular package)”, substitute “(other than a retail package of a kind described in item 8 or 9 of Schedule 2)”.

8.3   Subregulation 17 (4):

Omit the subregulation, substitute:

[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.”.

8.4   Subparagraph 17 (6) (b) (iv):

Omit the subparagraph, substitute:

  • “(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.”.

9.   Schedule 2 (Positions on retail packages where warning message is to be printed

9.1   Item 3:

Omit the item, substitute:

“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.”.

9.2   Add at the end:

“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.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 December 1994.

2. Statutory Rules 1994 No. 83.

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