STATUTORY RULES
1973 No.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1971.
Dated this twenty-second day of February, 1973.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Customs and Excise.
Amendment of the Customs (Prohibited Imports) Regulations†
Commencement.
1. These Regulations shall come into operation on the first day of March, 1973
Third Schedule.
2. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after item 2b, the following item:—
“ 3 | Cigarettes | 1. The statement ‘WARNING—SMOKING IS A HEALTH HAZARD.’ shall, unless the permission in writing of the Minister to import the cigarettes has been obtained, appear— |
| | (a) on each container as provided by section 5 of the Cigarette Containers (Labelling) Ordinance 1972 of the Australian Capital Territory, as in force at the date of commencement of this item; and |
| | (b) if two or more containers arc packed in a carton or other wrapping—on the carton or other wrapping as provided by section 7 of that Ordinance, |
| | and the words ‘Non-injurious’, the words ‘Non-hazardous’ or any other words that convey, or tend to convey, an indication that smoking is not a hazard to health shall not appear on the container, carton or other wrapping. |
| | 2. For the purposes of paragraph 1— |
| | (a) expressions used in this item have the same meaning as in that Ordinance; and |
| | (b) where a container containing cigarettes is in a transparent outer wrapping, the transparent outer wrapping shall be deemed not to form part of the container.”. |
* Notified in the Commonwealth Gazette on 1973.
† Statutory Rules 1956, No. 90, as amended to date. For previous amendments of the Customs (Prohibited Imports) Regulations see footnote † to Statutory Rules 1973, No. and see also Statutory Rules 1973, No.
Printed by Authority by the Government Printer of the Commonwealth of Australia
10685/73—Price 5c 9/26.1.1973
Overview
The Statutory Rules 1973 No. 19, made under the Customs Act 1901-1971, were introduced to amend the Customs (Prohibited Imports) Regulations by adding a new requirement for the labelling of cigarette containers and cartons. These regulations were enacted by the Governor-General, Paul Hasluck, on the advice of the Federal Executive Council and came into effect on 1 March 1973. The amendments were made to ensure that cigarettes imported into Australia must carry a warning stating "WARNING—SMOKING IS A HEALTH HAZARD" on the container and any carton or other wrapping, unless a specific written permission from the Minister is obtained. The purpose of this legislative instrument was to prevent misleading health claims on cigarette packaging, thereby supporting public health objectives by discouraging smoking through clear and mandated health warnings.
Scope and Application
The Regulations under the Customs Act 1901-1971, as amended by the Customs (Prohibited Imports) Regulations, apply to the importation of goods into the Commonwealth of Australia. Specifically, these Regulations target the importation of cigarettes, ensuring that any such imports comply with mandatory health warnings as stipulated by the Cigarette Containers (Labelling) Ordinance 1972 of the Australian Capital Territory. This requirement applies to each cigarette container and any carton or wrapping that holds multiple containers, mandating the inclusion of the health warning "WARNING—SMOKING IS A HEALTH HAZARD" unless a written permission has been granted by the Minister to import cigarettes without the warning. Additionally, the Regulations prohibit any indication on the cigarette containers, cartons, or wrappings that smoking is not hazardous to health, including terms such as "Non-injurious" or "Non-hazardous". The Regulations are enforced nationwide, impacting importers and entities involved in the importation of cigarettes into Australia.
Key Provisions
The key provisions of these Regulations, as outlined in the Third Schedule, mandate that specific health warnings must appear on cigarette containers and their packaging. According to section 2(1)(a) and (b) of the amendment, the phrase "WARNING—SMOKING IS A HEALTH HAZARD" must be displayed on each container and, if applicable, on the carton or other wrapping. This requirement is intended to ensure that consumers are clearly informed about the health risks associated with smoking. Additionally, section 2(1)(b) prohibits the use of any language on the container, carton, or other wrapping that suggests smoking is not harmful to health, such as terms like "Non-injurious" or "Non-hazardous".
These Regulations impose specific obligations on importers and manufacturers of cigarettes. Importers must ensure that the required health warnings are present on all cigarette containers and their packaging unless they have obtained written permission from the Minister to import cigarettes without these warnings. Manufacturers, on the other hand, must comply with the labelling requirements specified in the Cigarette Containers (Labelling) Ordinance 1972 of the Australian Capital Territory, ensuring that the mandated health warnings are visible and legible. Failure to adhere to these obligations can result in significant legal consequences.
Breaches of these Regulations can lead to both civil and criminal consequences. Civil penalties may include fines or other monetary penalties as stipulated in the Customs Act 1901-1971. Additionally, criminal penalties may apply, which can result in imprisonment. The exact penalties depend on the severity of the breach and the discretion of the court. The Regulations do not explicitly state maximum penalties, but they can be inferred from the broader provisions of the Customs Act. Importers and manufacturers are, therefore, strongly advised to comply with these requirements to avoid any legal repercussions.