Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024

Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024

made under the

Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023

Compilation No. 1

Compilation date: 13 December 2024

Includes amendments: F2024L01670

About this compilation

This compilation

This is a compilation of the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024 that shows the text of the law as amended and in force on 13 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Health promotion inserts may be inserted in retail packaging during main transition period

6 Application of new measures to pre‑supplied regulated tobacco items

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023.

4  Definitions

Note: A number of expressions used in this instrument are defined in Schedule 2 to the transitional Act, including the following:

(a) commencement day;

(b) main transition period;

(c) old TPP Act.

 (1) In this instrument:

new Act means the Public Health (Tobacco and Other Products) Act 2023.

new measure transition period means the period starting on 1 April 2025 and ending on 30 June 2025.

new regulations means the Public Health (Tobacco and Other Products) Regulations 2024.

on‑product health message has the same meaning as in the new regulations.

transitional Act means the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023.

 (2) An expression used in this instrument that is also used in the new Act has the same meaning in this instrument as it has in the new Act.

5  Health promotion inserts may be inserted in retail packaging during main transition period

Scope

 (1) This section applies in relation to the retail packaging of tobacco products (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging in section 71 of the new Act).

Health promotion inserts may be inserted during main transition period

 (2) Despite section 23 of the old TPP Act, the retail packaging of tobacco products may, during the main transition period, include the health promotion inserts prescribed by regulations made for the purposes of paragraph 82(1)(a) of the new Act.

Note: From the end of the main transition period, and subject to section 6 of this instrument, the retail packaging must include the health promotion inserts (see paragraph 82(1)(a) of the new Act).

 (3) During the main transition period, for the purposes of subitem 13(2) of Schedule 2 to the transitional Act, the retail packaging of tobacco products is taken to continue to comply with the requirements of section 23 of the old TPP Act, if:

 (a) the retail packaging of the tobacco products includes a health promotion insert in accordance with subsection (2); and

 (b) the retail packaging of the tobacco products otherwise complies with the requirements of section 23 of the old TPP Act, as in force immediately before the commencement day.

5A  Display of on‑product health messages on cigarettes during main transition period

On‑product health messages may be displayed despite compliance with section 26 of old TPP Act

 (1) Despite section 26 of the old TPP Act, a cigarette may, during the main transition period, display an on‑product health message as prescribed by section 114A of the new regulations.

Note: From the end of the main transition period, and subject to section 6 of this instrument, certain cigarettes must display on‑product health messages (see subsection 114A(1) of the new regulations).

 (2) During the main transition period, for the purposes of subitem 14(2) of Schedule 2 to the transitional Act, a cigarette is taken to continue to comply with the requirements of section 26 of the old TPP Act, if:

 (a) the cigarette displays an on‑product health message in accordance with subsection (1) of this section; and

 (b) the appearance of the cigarette otherwise complies with the requirements of section 26 of the old TPP Act, as in force immediately before the commencement day.

On‑product health messages are not required despite compliance with new Act

 (3) During the main transition period, a cigarette containing a filter is taken to comply with subsections 86(2), (3) and (4) of the new Act if the appearance and physical features of the cigarette comply with those subsections other than the requirement to display an on‑product health message.

Transitional provision—equal display of on‑product health messages

 (4) If:

 (a) a cigarette containing a filter is manufactured during the main transition period; and

 (b) the cigarette does not display an on‑product health message;

the cigarette is to be disregarded in working out, for the purposes of section 114C of the new regulations, whether each on‑product health message is displayed as nearly as possible in equal numbers on cigarettes manufactured in the calendar year beginning on 1 January 2025.

6  Application of new measures to pre‑supplied regulated tobacco items

Scope

 (1) This section applies in relation to a person (the retailer) who, during the new measure transition period:

 (a) sells regulated tobacco items by retail sale; or

 (b) offers such items for retail sale.

Extended transition period for retailers—new measures

 (2) The retailer does not contravene a provision of the new Act mentioned in subsection (3), by reason only that a regulated tobacco item does not comply with a tobacco product requirement mentioned in subsection (4), if all of the following conditions are satisfied:

 (a) the item was supplied to the retailer in retail packaging before the start of the new measure transition period;

 (b) the retailer possesses, sells or supplies, or offers to sell or supply, the item in that retail packaging;

 (c) the retailer does not contravene a provision of the new Act mentioned in subitem 15(2) of Schedule 2 to the transitional Act in relation to the retail packaging of the item because of item 16 of that Schedule.

Provisions in new Act subject to extended transition period

 (3) For the purposes of subsection (2), the provisions of the new Act are each of the following:

 (a) section 94 (selling or supplying tobacco products in non‑compliant retail packaging);

 (b) section 96 (possessing tobacco products in non‑compliant retail packaging);

 (c) section 102 (selling or supplying non‑compliant regulated tobacco items);

 (d) section 104 (possessing non‑compliant regulated tobacco items);

 (e) section 108 (selling or supply tobacco products in non‑compliant retail packaging to a constitutional corporation);

 (f) section 110 (possessing tobacco products in non‑compliant retail packaging obtained from a constitutional corporation);

 (g) section 116 (selling or supplying non‑complaint regulated tobacco items to a constitutional corporation);

 (h) section 118 (possessing non‑compliant regulated tobacco items obtained from a constitutional corporation).

Relevant tobacco product requirements

 (4) For the purposes of subsection (2), the tobacco product requirements are any of the following:

 (a) a tobacco product requirement mentioned in Division 2 of Part 4 of Schedule 2 to the transitional Act (which deals with the application of certain new tobacco product requirements in Chapter 3 of the new Act);

 (b) a tobacco product requirement prescribed by subsection 114A(1) of the new regulations.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history