The Tobacco Plain Packaging Bill 2011 (the Bill) seeks to prohibit the use of all tobacco industry logos, brand imagery, colours and promotional text on the retail packaging of tobacco products. Regulations....................................................................................... has the same meaning as in paragraph 51(xxxi) of the Constitution. outer surface of a cigarette pack has a meaning affected by subsection 6(1). The Tobacco Plain Packaging Act 2011, Act No. It was one of several tobacco companies to launch legal action against the Australian Government. (3) To avoid doubt, any tobacco product requirement (within the meaning of paragraph (a) or (b) of the definition of tobacco product requirement) that does not result in such an acquisition of property continues to apply in relation to: (a) the retail packaging of tobacco products; and, 16 Implied freedom of political communication. inner surface of a cigarette carton has a meaning affected by subsection 6(2). The withdrawal notice must state: (b) the day the infringement notice was given; and, (c) the identifying number of the infringement notice; and, (d) that the infringement notice is withdrawn; and. (2) The Secretary may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal). of a cigarette carton has a meaning affected by subsection 6(2). (2) To avoid doubt, the contract may allow the purchaser to supply the tobacco product without having packaged the product for retail sale. search powers has the meaning given by sections 53, 54 and 55. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. • Part 2 of this Chapter specifies requirements for the retail packaging and appearance of tobacco products. Point-of-sale advertising provides an opportunity for the tobacco industry to communicate with current and potential smokers. (b) in the centre of the space remaining on the front outer surface beneath the health warning. (b) the officer or person assisting believes on reasonable grounds that the officer and the persons assisting will not be able to return to the premises within that period. (d) if the relevant person supplies or purchases the tobacco product, or offers to supply the tobacco product: (ii) the relevant person does not purchase the product in the course of a retail sale; or. Note: Loose tobacco for roll‑your‑own cigarettes is an example of processed tobacco. (3) A cigarette pack must comply with the following requirements: (a) the dimensions of the pack must comply with the requirements prescribed by the regulations; (b) the only opening to the pack must be a flip‑top lid which must: (i) be hinged only at the back of the pack; and. Protection and immunity—Deputy Presidents and non‑presidential members. a tobacco product for retail sale has the meaning given by section 5. (1) This section applies to premises to which a warrant relates. (If there is an acquisition of property otherwise than on just terms, regulations made under section 15 might also specify requirements.). (2) However, an authorised officer is not authorised to enter the premises unless: (a) the occupier of the premises has consented to the entry and the authorised officer has shown his or her identity card if required by the occupier; or. means a corporation to which paragraph 51(xx) of the Constitution applies. Subsection (1) of any of sections 31 to 48 (other than section 36 or 46) does not apply if: (i) engages in the conduct to which that subsection applies in relation to a tobacco product; or, (ii) manufactures retail packaging, and a tobacco product is packaged for retail sale in the retail packaging by another person; and, (b) a contract or arrangement has been entered into, or an understanding has been arrived at, for the tobacco product to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and, (c) the relevant person engages in that conduct, or manufactures that retail packaging, in the course of, or for the purposes of, the tobacco product being exported; and. The Tobacco Plain Packaging Act 2011 and the Competition and Consumer (Tobacco) Information Standard 2011 have comprehensively altered the appearance of tobacco products in Australia. 94 Criminal proceedings after civil proceedings. Philip Morris Asia argued that by enacting and enforcing this Act, Australia breached its obligations under the HK–Australia BIT in two ways: by failing to provide Philip Morris Asia with the investment protections g… Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging, 41.......... Purchasing tobacco products from a constitutional corporation in non‑compliant retail packaging, 42.......... Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation. (ii) the surfaces of the pack or carton must meet at firm 90 degree angles; (c) all edges of the pack or carton must be rigid, straight and not rounded, bevelled or otherwise shaped or embellished in any way, other than as permitted by the regulations. 34 Manufacturing non‑compliant retail packaging of tobacco products. (2) Divisions 1 and 2 of this Part do not limit subsection (1). (3) The Secretary is not required to take reasonable steps to return a thing because of paragraph (1)(c) if: (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or, (b) the thing may continue to be retained because of an order under section 72; or. (a) may commit a fault‑based offence (that is, an offence where fault elements apply to the physical elements of the offence); and, (b) may also commit a strict liability offence (that is, an offence where no fault elements apply to the physical elements of the offence); and. 99 Civil penalty provisions contravened by employees, agents or officers. (4) For the purposes of subsection (3), strict liability applies to paragraph (1)(b). The US Family Smoking Prevention and Tobacco Control Act allows states to implement policies requiring that tobacco products be placed out of sight, and the Food and Drug Administration is considering banning point-of-sale advertising within 1,000 feet of schools. All tobacco products sold in Australia have been required to comply with the legislation since December 2012. (b) contain a recent photograph of the authorised officer. bidi means a tobacco product for smoking, not enclosed in paper, commonly known as a bidi. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. (c) in any case—state the effect of subsection (6) (offence for failure to comply). (2) In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary. means any container for retail sale in which cigarettes are directly placed. (b) provide in similar terms to provisions of the Trade Marks Act 1995 that are affected by this section. Note: For the requirements for wrappers, inserts and onserts, see sections 22 and 23. (4) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it). (4) For the purposes of Part 3 of the Regulatory Powers Act, a person is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1) if: (i) a Judge of a court created by the Parliament; or, (ii) a Deputy President of the Administrative Appeals Tribunal; or, (iii) a non‑presidential member of the Administrative Appeals Tribunal who is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory, and has been so enrolled for at least 5 years; and, (b) the person has consented to exercise powers conferred by that Part in relation to evidential material that relates to a provision mentioned in subsection (1); and. 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