Untitled document

Tobacco Amendment Regulations 2010

S.R. No. 113/2010

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal regulations

5Point of sale notices about tobacco products

6Price tickets or labels

7New Regulation 6A inserted

6ARetail outlet notices about tobacco products available for sale

8New Schedule 1A inserted

SCHEDULE 1A

PART A—GRAPHIC HEALTH WARNINGS FOR RETAIL OUTLET POINT OF SALE NOTICES

PART B—STATEMENT FOR RETAIL OUTLET NOTICES ABOUT TOBACCO PRODUCTS AVAILABLE FOR SALE

9Prohibition of the Sale of Tobacco Products to Minors Sign

SCHEDULE 3—Prohibition Of The Sale Of Tobacco Products To Minors Sign

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ENDNOTES

statutory rules 2010

S.R. No. 113/2010

Tobacco Act 1987

Tobacco Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 19 October 2010

Responsible Minister:

DANIEL ANDREWS
Minister for Health

Matthew mcbeath

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Tobacco Regulations 2007 in relation to tobacco advertisements in retail outlets.

2Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3Commencement

These Regulations come into operation on 1 January 2011.

4Principal regulations

In these Regulations, the Tobacco Regulations 2007[1] are called the Principal Regulations.

5Point of sale notices about tobacco products

At the end of regulation 5 of the Principal Regulations insert—

"(2)For the purposes of section 6(3)(cab) of the Act, the prescribed requirements as to—

(a)the size of a notice is that the notice is not larger than 1×5 metres by 1×5 metres;

(b)the information to be contained in a notice is that the notice may contain any one or more of the following—

(i)the product lines usually available for sale;

(ii)the product flavours;

(iii)the pack numbers;

(iv)the product prices, including any discount price information;

(c)the manner in which the information in a notice is set out is that the information—

(i)contains only lettering or numbers with a width not greater than 1×5 centimetres and a height not greater than 2×1 centimetres; and

(ii)contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and

(iii)is not more distinctive than the information in price tickets or labels used within the premises; and

(iv)if price information, is printed or written on only one side of the notice; and

(v)if price information, is not highlighted by any artificial lighting greater than that used throughout the premises;

(d)the manner in which a notice is displayed is that the notice is displayed with a sign that complies with subregulation (3) displayed either on, or immediately adjacent to, the notice.

(3)The sign must—

(a)be a minimum A4 in size (210 millimetres in height by 297 millimetres in width); and

(b)include one of the graphics referred to in column 1 of the Table in Part A of Schedule 1A and that graphic must—

(A)be printed in colour; and

(B)be a minimum of 119 millimetres  in height by 287 millimetres in width; and

(c)include the statement set out in column 2 of the Table that corresponds to the graphic, and that statement must be printed or written—

(A)in capital letters; and

(B)in white lettering on a black background; and

(C)in the maximum proportionate lettering that can be accommodated within the confines of the size of the notice; and

(d)include the words "Health Authority Warning", and those words must—

(A)be printed or written in white lettering on a black background; and

(B)be a minimum 90 millimetres by 6 millimetres in total size.".

6Price tickets or labels

In regulation 6(2)(a) of the Principal Regulations, for "the size of the largest representation of an immediate package of the tobacco product on display" substitute "50 millimetres in width by 70 millimetres in height".

7New Regulation 6A inserted

After regulation 6 of the Principle Regulations insert—

"6A   Retail outlet notices about tobacco products available for sale

For the purposes of section 6(3)(d) of the Act, the prescribed requirements as to—

(a)the size of a notice is that the notice is not greater than A4 in size (210 millimetres in width by 297 millimetres in height);

(b)the information to be contained in a notice is that the notice must contain the statement set out in Part B of Schedule 1A and be printed or written—

(i)in black on a white background; and

(ii)in the maximum proportionate lettering that can be accommodated within the confines of the size of the notice;

(c)the manner in which the information in a notice is set out or displayed is that the information—

(i)is not more distinctive than the information in other notices displayed within the premises; and

(ii)is printed or written on only one side of the notice; and

(iii)is not highlighted by any artificial lighting greater than that used throughout the premises.".

8New Schedule 1A inserted

After Schedule 1 to the Principal Regulations insert—

"SCHEDULE 1A

PART A

Regulation 5(3)

GRAPHIC HEALTH WARNINGS FOR RETAIL OUTLET POINT OF SALE NOTICES

TABLE

Column 1—Graphic	Column 2—Corresponding statement
The graphic set out in item 204 of Division 2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth	SMOKING CLOGS YOUR ARTERIES

Column 1—Graphic	Column 2—Corresponding statement
The graphic set out in item 205 of Division 2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth	DON'T LET YOUR CHILDREN BREATHE YOUR SMOKE
The graphic set out in item 209 of Division 2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth	SMOKING CAUSES BLINDNESS
The graphic set out in item 210 of Division 2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth	SMOKING CAUSES LUNCH CANCER
The graphic set out in item 212 of Division 2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth	SMOKING DOUBLES YOUR RISK OF STROKE

PART B

Regulation 6A

STATEMENT FOR RETAIL OUTLET NOTICES ABOUT TOBACCO PRODUCTS AVAILABLE FOR SALE

__________________".

9Prohibition of the Sale of Tobacco Products to Minors Sign

For Schedule 3 to the Principal Regulations substitute—

"SCHEDULE 3

Regulation 10

Prohibition Of The Sale Of Tobacco Products To Minors Sign

__________________".

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ENDNOTES

[1] Reg. 4: S.R. No. 109/2007.