Public Health (Tobacco and Other Products) Reporting and Information Disclosure (Approval of Form and Manner) Instrument 2025
I, Karlie Brown, Assistant Secretary at the Department of Health, Disability and Ageing, make the following instrument.
Dated 21 June 2025
Karlie Brown
Assistant Secretary at the Department of Health, Disability and Ageing
Contents
Part 1—Preliminary 1
1 Name ..................................................1
2 Commencement............................................1
3 Authority................................................1
4 Definition(s)..............................................1
Part 2—Approval of form and manner 2
5 Approval of form and manner of reports..............................2
6 Approval of form and manner of applications for extensions of time..............2
Part 1—Preliminary
1 Name
This instrument is the Public Health (Tobacco and Other Products) Reporting and Information Disclosure (Approval of Form and Manner) Instrument 2025.
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.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made.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) Act 2023.
4 Definition(s)
In this instrument:
Act means the Public Health (Tobacco and Other Product) Act 2023.
Department means the Department of Health, Disability and Ageing.
Part 2—Approval of form and manner
5 Approval of form and manner of reports
(1) Under subsection 136(2) of the Act, the following form and manner is approved in relation to the giving to the Secretary of a report covered by subsection (2):
(a) in the form of the relevant template available on the Department’s website; and
(b) by the manner specified for reporting on the Department’s website.
(2) This section applies to a report under any of the following provisions of the Act:
(a) section 131 (Tobacco product ingredients);
(b) section 132 (Tobacco product volumes); and
(c) section 133 (Marketing and promotional expenditure).
6 Approval of form and manner of applications for extensions of time
(1) Under subsection 142(5) of the Act, the following form and manner is approved in relation to the giving to the Secretary of an application covered by subsection (2):
(a) in the form of the relevant template available on the Department's website; and
(b) by the manner specified for reporting on the Department’s website.
(2) This section applies to an application under subsection 142(1) of the Act.
Overview
The Public Health (Tobacco and Other Products) Reporting and Information Disclosure (Approval of Form and Manner) Instrument 2025I was enacted to streamline the process of reporting and information disclosure under the Public Health (Tobacco and Other Products) Act 2023. This instrument was developed by Karlie Brown, Assistant Secretary at the Department of Health, Disability and Ageing, to ensure that the required reports and applications for extensions of time are submitted in a consistent and easily accessible format. By specifying the approved form and manner for these submissions, the instrument aims to enhance the efficiency and effectiveness of the reporting process, thereby facilitating better compliance and oversight under the Act. This initiative is part of a broader policy objective to improve public health outcomes by ensuring accurate and timely information about tobacco and other products.
Scope and Application
The Public Health (Tobacco and Other Products) Reporting and Information Disclosure (Approval of Form and Manner) Instrument 2025 applies to any person or entity required to provide specific reports or applications under the Public Health (Tobacco and Other Products) Act 2023. This includes entities involved in the manufacture, import, or supply of tobacco products and other related goods within Australia, ensuring that they comply with the legislative requirements for reporting on tobacco product ingredients, volumes, and marketing expenditures. The instrument mandates that these reports be submitted in a form and manner approved by the Department of Health, Disability and Ageing, specifically using templates available on the Department's website and following the reporting protocols specified there. The geographic scope of this instrument is national, covering all jurisdictions within Australia. It does not specify any exclusions or exemptions but is subject to the broader regulatory framework provided by the Act. Subordinate instruments may extend or modify the application of this instrument to include additional reporting requirements or formats as necessary.
Key Provisions
The Public Health (Tobacco and Other Products) Reporting and Information Disclosure (Approval of Form and Manner) Instrument 2025I primarily concerns the approval of specific forms and reporting methods for particular information disclosures and applications related to tobacco and other products. Section 5 specifies the approved form and manner for reports on tobacco product ingredients (section 131 of the Act), tobacco product volumes (section 132 of the Act), and marketing and promotional expenditure (section 133 of the Act). These reports must be submitted in the form of the relevant templates available on the Department’s website and must adhere to the manner specified for reporting on the Department’s website. Section 6, meanwhile, sets out the approved form and manner for applications for extensions of time under subsection 142(1) of the Act, requiring these applications to also be submitted in the form of relevant templates available on the Department's website and following the reporting manner specified on the Department’s website.
The obligations imposed by this instrument primarily concern entities and individuals required to submit reports and applications under the Public Health (Tobacco and Other Products) Act 2023. Specifically, entities and individuals must ensure that any reports on tobacco product ingredients, volumes, and marketing and promotional expenditure are submitted in the approved form and manner as outlined in section 5. Similarly, applications for extensions of time must be made in the approved form and manner as outlined in section 6. This involves using the relevant templates available on the Department’s website and adhering to the specified reporting methods. Compliance with these requirements is crucial to ensure that all necessary information is correctly and consistently reported to the Department.
Failure to comply with the provisions of this instrument may result in legal consequences. While the instrument itself does not explicitly outline penalties or consequences for non-compliance, it is likely that breaches of the Public Health (Tobacco and Other Products) Act 2023, which this instrument supports, could lead to civil or criminal penalties. Under the Act, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific provisions of the Act that are breached and the nature and extent of the non-compliance. Given that this instrument facilitates the reporting requirements under the Act, non-compliance with its provisions could potentially lead to enforcement actions under the Act itself.