Tobacco Plain Packaging Regulations 2011
Select Legislative Instrument No. 263, 2011
made under the
Tobacco Plain Packaging Act 2011
Compilation No. 3
Compilation date: 8 December 2018
Includes amendments up to: F2018L01706
Registered: 19 December 2018
About this compilation
This compilation
This is a compilation of the Tobacco Plain Packaging Regulations 2011 that shows the text of the law as amended and in force on 8 December 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1.1.1 Name of Regulations
1.1.3 Definitions
1.1.4 Purpose
1.1.5 Exemption from Trans‑Tasman Mutual Recognition Act 1997
Part 2—Requirements for retail packaging of tobacco products
Division 2.1—Physical features of retail packaging
2.1.1 Physical features of cigarette packs
2.1.2 Physical features of cigarette cartons
2.1.3 Physical features of lining of primary packaging of tobacco products
2.1.4 Physical features of cigar tubes
2.1.5 Physical features of other primary packaging
2.1.6 Windows in packaging prohibited
Division 2.2—Colour and finish of retail packaging
2.2.1 Colour and finish of primary packaging and secondary packaging
Division 2.3—Trade marks or marks on retail packaging
2.3.1 Trade marks or marks appearing on retail packaging
2.3.2 Origin mark
2.3.3 Calibration mark
2.3.4 Measurement mark and trade description
2.3.5 Bar code
2.3.6 Fire risk statement
2.3.7 Locally made product statement
2.3.8 Marking of name and address on packaging
2.3.9 Consumer contact telephone number
2.3.10 Primary packaging track and trace identifiers
2.3.11 Secondary packaging track and trace identifiers
Division 2.4—Brand, business, company and variant names
2.4.1 Appearance of names on retail packaging of cigarettes
2.4.2 Appearance of names on other retail packaging
2.4.3 Location of…
Overview
The Tobacco Plain Packaging Regulations 2011 were made under the Tobacco Plain Packaging Act 2011, which was enacted to address the problem of the appeal of tobacco packaging that could potentially attract children and undermine public health messages. The Act was introduced to reduce the attractiveness of tobacco products by requiring standardised plain packaging with minimal branding and promotional elements. The Regulations provide detailed specifications for the physical features, colour, and appearance of retail packaging and tobacco products, including dimensions, colours, and allowable markings. The enacting body was the Australian Parliament, and the policy objective was to diminish the appeal of tobacco products and reduce smoking rates by making tobacco packaging less attractive and informative.
Scope and Application
The Tobacco Plain Packaging Regulations 2011, made under the Tobacco Plain Packaging Act 2011, prescribe detailed requirements for the retail packaging and appearance of tobacco products across Australia. These regulations apply to all tobacco products and their packaging, encompassing various types such as cigarettes, cigars, and bidis, with specific stipulations on dimensions, materials, and permissible markings. The Act and its regulations have been exempt from the Trans-Tasman Mutual Recognition Act 1997, both temporarily and permanently, to ensure the distinct implementation of plain packaging laws in Australia. These regulations dictate precise physical features, colours, and permitted markings on packaging, while prohibiting certain elements like re-sealable openings and windows that reveal the contents. Additionally, they outline specific requirements for brand names, health warnings, and other informational text, ensuring consistency and clarity in consumer information. The regulations also include provisions for track and trace identifiers to enhance accountability and traceability of tobacco products. This comprehensive framework aims to standardise the presentation of tobacco products, thereby reducing the appeal and perceived quality of these products.
Key Provisions
- The Tobacco Plain Packaging Regulations 2011, under the Tobacco Plain Packaging Act 2011, outline the requirements for the retail packaging and appearance of tobacco products. The regulations cover physical features (regs 2.1.1 to 2.1.6), colour and finish (regs 2.2.1), and the appearance of brand and business names (regs 2.4.1 to 2.4.4) of the retail packaging. They also dictate the appearance of cigarettes and other tobacco products (regs 3.1.1 to 3.2.2). The regulations mandate specific dimensions and features for cigarette packs and cartons, prohibit windows in packaging that allow the contents to be visible, and require that all outer surfaces of primary and secondary packaging be a specific Pantone colour. Additionally, they set out detailed requirements for the placement and appearance of brand names, variant names, and other permissible marks on retail packaging, including restrictions on the size, font, and colour of these marks.
- Entities governed by these regulations must ensure that their tobacco product packaging complies with all specified requirements. This includes adhering to the mandated physical and colour specifications, ensuring that permissible marks do not constitute tobacco advertising or promotion, and maintaining the integrity of health warnings. For instance, the regulations stipulate that brand and business names must be printed in a specific typeface, size, and colour, and must not obscure any relevant legislative requirements. Furthermore, entities must ensure that their packaging does not include any windows that allow the contents to be visible and must comply with the prescribed dimensions and features for cigarette packs and cartons.
- Breaches of these regulations can result in significant penalties. The Tobacco Plain Packaging Act 2011, under which these regulations are made, provides for offences and penalties for non-compliance. Specifically, section 37 of the Act states that a person who contravenes a provision of the Act or the regulations is liable to a penalty of up to 500 penalty units, which, as of 2023, equates to approximately AUD 55,000 for an individual and AUD 275,000 for a body corporate. Additionally, courts may order the confiscation of goods that are the subject of the offence, and the Act provides for civil penalties, including pecuniary penalties, in the case of ongoing non-compliance. These penalties underscore the importance of strict adherence to the regulations to avoid legal repercussions.
- Area of Law
- Consumer Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Regulatory Standards
