Tobacco Plain Packaging Act 2011
No. 148, 2011
Compilation No. 6
Compilation date: 26 September 2021
Includes amendments up to: Act No. 32, 2021
Registered: 1 November 2021
About this compilation
This compilation
This is a compilation of the Tobacco Plain Packaging Act 2011 that shows the text of the law as amended and in force on 26 September 2021 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Chapter 1—Preliminary
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Definitions
5 Definition of package a tobacco product for retail sale
6 Rules relating to surfaces of cigarette packs and cigarette cartons
7 References to contraventions of civil penalty provisions
8 Act extends to external Territories
9 Act binds the Crown
10 Inconsistency with other Commonwealth legislation
11 Operation of State and Territory laws
Part 2—Simplified outlines
12 Simplified outline for this Act
13 Simplified outline for this Chapter
Part 3—Constitutional provisions
14 Additional operation of this Act
15 Acquisition of property
16 Implied freedom of political communication
Chapter 2—Requirements for plain packaging and appearance of tobacco products
Part 1—Simplified outline
17 Simplified outline
Part 2—Requirements for retail packaging and appearance of tobacco products
Division 1—Requirements for retail packaging of tobacco products
18 Physical features of retail packaging
19 Colour and finish of retail packaging
20 Prohibition on trade marks and marks generally appearing on retail packaging
21 Requirements for brand, business, company or variant names, and relevant legislative requirements
22 Requirements for wrappers
23 Retail packaging not to have inserts or onserts
24 Retail packaging not to produce noise…
Overview
The Tobacco Plain Packaging Act 2011 was enacted by the Australian Parliament to discourage tobacco use and give effect to certain obligations under the Convention on Tobacco Control. The Act regulates the retail packaging and appearance of tobacco products to discourage people from smoking and using tobacco products, encourage those who smoke or use tobacco products to quit, and reduce exposure to tobacco smoke. The Act applies to all tobacco products, including cigarettes, cigars, and loose tobacco for roll-your-own cigarettes, but excludes products included in the Australian Register of Therapeutic Goods. The Act includes provisions for plain packaging requirements, offences and civil penalties for non-compliant packaging and products, and powers for monitoring compliance and investigating contraventions. The Act also includes miscellaneous provisions, such as delegation powers and reporting to Parliament.
Scope and Application
The Tobacco Plain Packaging Act 2011 applies to all persons and entities involved in the supply, purchase, or manufacturing of tobacco products for retail sale in Australia. This includes the retail packaging of tobacco products and the appearance of tobacco products themselves. The Act extends to all Commonwealth, state, and territory jurisdictions. It specifically targets the retail packaging of tobacco products to discourage their use, thereby improving public health. The Act includes provisions for civil penalties, infringement notices, enforceable undertakings, and injunctions for non-compliance. It also allows for the appointment of authorised officers to enforce compliance and provides for powers to monitor and investigate contraventions of the Act. Regulations may prescribe additional requirements relating to the retail packaging and appearance of tobacco products. The Act does not apply to the extent that its operation would infringe constitutional protections, such as acquiring property otherwise than on just terms or infringing the implied freedom of political communication. The Act binds the Crown and takes precedence over conflicting state and territory laws.
Key Provisions
- The Tobacco Plain Packaging Act 2011 (Cth) aims to discourage the use of tobacco products and improve public health by regulating the retail packaging and appearance of tobacco products. The Act imposes specific requirements on the retail packaging of tobacco products, including the physical features, colour, and finish of the packaging, and prohibits the use of trade marks and marks generally on the packaging. The Act also specifies requirements for the appearance of tobacco products, such as prohibiting the use of trade marks on the products themselves. The Act establishes offences and civil penalties for non-compliance with the requirements, including for selling, supplying, purchasing, manufacturing, and packaging tobacco products in non-compliant retail packaging or non-compliant tobacco products. The maximum penalty for a fault-based offence is 2,000 penalty units, while the maximum penalty for a strict liability offence is 60 penalty units. The Act also provides for civil penalties, infringement notices, enforceable undertakings, and injunctions to enforce compliance with the Act. The Act imposes obligations on parties to ensure that the retail packaging and appearance of tobacco products comply with the requirements, and failure to do so can result in significant penalties and legal consequences.
- Area of Law
- Public Health Law
- Consumer Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
