processed tobacco in any form;

a product that contains tobacco as an ingredient.

a cigarette paper (including a pre-rolled cigarette paper) that is not part of a tobacco product;

a cigarette roller;

a filter tip for a cigar or cigarette that is not part of a tobacco product;

a wrapper for tobacco that is in the form of a sheet or tube made from or with tobacco;

a card, capsule, bead or other device that is designed or intended to alter the flavour, smell or intensity of a tobacco product (except such a device that is part of a tobacco product);

a pipe designed or intended for smoking pipe tobacco.

Tobacco product accessories may be prescribed

a cartridge, capsule, pod or other vessel that contains, or that is designed or intended to contain, a liquid, gas, aerosol, vapour or other substance for use in an e-cigarette;

such a liquid, gas, aerosol, vapour or other substance (whether or not containing nicotine or tobacco);

a heating element designed or intended for use in an e-cigarette;

a battery specifically designed or intended for use in an e-cigarette.

E-cigarette accessories may be prescribed

different brand names; or

different variant names.

the person publishes material, or authorises or causes material to be published; and

the material is a tobacco advertisement.

Publishing material intended etc. to be a tobacco advertisement

the person publishes material, or authorises or causes material to be published; and

the material is not a tobacco advertisement, but:

the person intends the material to be a tobacco advertisement; or

the person is reckless as to whether the material is a tobacco advertisement.

Exception for permitted publications

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Defence for individual publication

the defendant published the material:

as an individual; and

on the defendant’s own initiative; and

the publication was not in the course of, or in any way associated with, the manufacture, importation, distribution or sale of regulated tobacco items by any person; and

the defendant did not receive any direct or indirect benefit (whether financial or not) from any person for publishing the material.

smoking;

a regulated tobacco item or the use of such an item.

Tobacco advertisements—elements

a trade mark that is registered under the Trade Marks Act in respect of goods that are or include regulated tobacco items;

a design that is registered under the Designs Act in relation to products that are or include regulated tobacco items;

a trade mark, design, colour, logo, get-up or work (within the meaning of the Copyright Act) that is evocative of, or closely associated with, a registered trade mark or design that is used, or has been used by any person at any time, in relation to regulated tobacco items;

a prohibited term in relation to the brand name or variant name of a tobacco product.

Tobacco advertisements—names of tobacco manufacturers, importers etc.

the person is a manufacturer, importer, distributor or retailer of regulated tobacco items; and

the person’s name appears on a tobacco product, or on the retail packaging of a tobacco product.

Tobacco advertisements may be prescribed

that it is appropriate to do so; and

that making the proposed regulations would not be inconsistent with Division 3 (about exceptions to tobacco advertisements).

the name and contact details of the manufacturer, importer, distributor or retailer that occupies the business premises;

the nature of the business;

the location of the business.

the material is made available to, or accessible by, a person using the internet; and

the material is made available to that person because of:

the use of an algorithm; or

the person’s online activity; or

any other characteristic of that person as an internet end user.

Private events or functions

the material is made available to, or accessible by, a person attending a private event or function to which access is restricted; and

the purpose of the event or function is or includes the promotion of:

smoking; or

a regulated tobacco item or the use of such an item; or

a manufacturer, importer, distributor or retailer of such an item.

the person displays the tobacco advertisement at physical premises where regulated tobacco items are offered for retail sale; and

a law of the State or Territory in which the premises are located regulates the advertising of regulated tobacco items; and

that law contains provisions expressly dealing with the display of advertisements for regulated tobacco items at or on premises where such items are offered for retail sale; and

the display of the tobacco advertisement complies with those provisions; and

the tobacco advertisement is not visible from outside the premises.

Particular physical premises

a kiosk, market stall or other place that has fixed boundaries, whether or not those boundaries have walls, where goods are offered for retail sale;

a vending machine;

a motor vehicle.

the person makes the advertisement available on, or accessible using, the internet; and

the advertisement is available to, or accessible by, the public, or a section of the public, in a State or Territory; and

the advertisement enables a person accessing the advertisement to purchase a regulated tobacco item; and

the publication of the tobacco advertisement is covered by subsection (2).

a law of the State or Territory regulates the advertising of regulated tobacco items on the internet; and

that law contains provisions expressly dealing with the publication of tobacco advertisements on the internet that enable a person accessing the advertisement to purchase a regulated tobacco item; and

the publication of the advertisement complies with those provisions.

Tobacco advertisements complying with Commonwealth regulations

the person makes the advertisement available on, or accessible using, the internet; and

the advertisement is available to, or accessible by, the public, or a section of the public, in a State or Territory; and

the advertisement enables a person accessing the tobacco advertisement to purchase a regulated tobacco item; and

either:

there is no law of the State or Territory that regulates the advertising of regulated tobacco items on the internet; or

there is such a law, but it does not contain any provisions expressly dealing with the publication of tobacco advertisements on the internet that enable a person accessing the advertisement to purchase a regulated tobacco item; and

the publication of the advertisement complies with the regulations (if any) made for the purposes of this paragraph.

the webpage, or the website, on which tobacco advertisements are displayed;

the size, content, format and location of tobacco advertisements;

without limiting paragraph (b)—the inclusion in or with tobacco advertisements of any of the following:

health warnings;

messages that are included on health promotion inserts;

warnings about age restrictions on the retail sale of regulated tobacco items;

information about any fees, taxes and charges payable in relation to regulated tobacco items;

age restricted access systems for access to tobacco advertisements.

the tobacco advertisement is not available to, or accessible by, persons other than those involved in the manufacture, importation, distribution or sale of regulated tobacco items; and

the advertisement does not, apart from the fact of the advertisement, actively promote smoking or the use of regulated tobacco items; and

in a case where the advertisement relates to the sale or supply of a particular regulated tobacco item—the advertisement is limited to factual information about the item and the terms of the sale or supply of the item.

the person is operating the flight of an aircraft; and

the person publishes the advertisement in the aircraft during the flight.

the first person engages in any of the following conduct:

making a contribution of any kind to another person;

entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person;

making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and

the conduct constitutes a tobacco sponsorship.

Engaging in conduct intended etc. to be a tobacco sponsorship

the first person engages in any of the following conduct:

making a contribution of any kind to another person;

entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person;

making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and

the conduct does not constitute a tobacco sponsorship, but:

the first person intends the conduct to be a tobacco sponsorship; or

the first person is reckless as to whether the conduct is a tobacco sponsorship.

is in writing; or

is express or implied; or

is legally binding; or

is publicly acknowledged.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

smoking;

a regulated tobacco item or the use of such an item.

Tobacco sponsorships may be prescribed

a gift;

a payment or reimbursement of electoral expenditure incurred during an election period.

a member of the Parliament of the Commonwealth, the Parliament of a State or the Legislative Assembly of a Territory;

a candidate for election to such a Parliament or Legislative Assembly;

(c) a political party that is registered under Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation;Part XI of the

an entity that is associated with a person or entity mentioned in paragraphs (a) to (c);

another person campaigning for or on behalf of a person or entity mentioned in paragraphs (a) to (c).

the person publishes material, or authorises or causes material to be published; and

the material is an e-cigarette advertisement; and

any of the following apply:

the person is a constitutional corporation;

the person is a body corporate that is incorporated in a Territory;

the publication is made in the course of constitutional trade or commerce;

the publication is made using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution;

the publication is made in a Territory.

Publishing material intended etc. to be an e-cigarette advertisement

the person publishes material, or authorises or causes material to be published; and

the material is not an e-cigarette advertisement, but:

the person intends the material to be an e-cigarette advertisement; or

the person is reckless as to whether the material is an e-cigarette advertisement; and

any of the following apply:

the person is a constitutional corporation;

the person is a body corporate that is incorporated in a Territory;

the publication is made in the course of constitutional trade or commerce;

the publication is made using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution;

the publication is made in a Territory.

Exception for permitted publications

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

recklessness is the fault element for paragraph (1)(b); and

strict liability applies to paragraphs (1)(c) and (2)(c).

Geographical application

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Defence for individual publication

the defendant published the material:

as an individual; and

on the defendant’s own initiative; and

the publication was not in the course of, or in any way associated with, the manufacture, importation, distribution or sale of e-cigarette products by any person; and

the defendant did not receive any direct or indirect benefit (whether financial or not) from any person for publishing the material.

vaping;

an e-cigarette product or the use of such a product.

E-cigarette advertisements—elements

a trade mark that is registered under the Trade Marks Act in respect of goods that are or include e-cigarette products;

a design that is registered under the Designs Act in relation to products that are or include e-cigarette products;

a trade mark, design, colour, logo, get-up or work (within the meaning of the Copyright Act) that is evocative of, or closely associated with, a registered trade mark or design that is used, or has been used by any person at any time, in relation to e-cigarette products.

E-cigarette advertisements—names of e-cigarette manufacturers, importers etc.

the person is a manufacturer, importer, distributor or retailer of e-cigarette products; and

the person’s name appears on an e-cigarette product, or on the wrapping of an e-cigarette product.

E-cigarette advertisements may be prescribed

that it is appropriate to do so; and

that making the proposed regulations would not be inconsistent with Division 3 (about exceptions to e-cigarette advertisements).

the name and contact details of the manufacturer, importer, distributor or retailer that occupies the business premises;

the nature of the business;

the location of the business.

the e-cigarette product is a vaping good within the meaning of the Therapeutic Goods Act; and

Part 5-1A of that Act (about regulation of advertising etc. for vaping goods) does not apply to the advertisement because of section 42DZA of that Act.

the e-cigarette product is a vaping good within the meaning of the Therapeutic Goods Act; and

an authorisation under section 42DZC of that Act is in force in relation to the advertising of that vaping good; and

the advertisement complies with any conditions specified in the authorisation.

the material is made available to, or accessible by, a person using the internet; and

the material is made available to that person because of:

the use of an algorithm; or

the person’s online activity; or

any other characteristic of that person as an internet end user.

Private events or functions

the material is made available to, or accessible by, a person attending a private event or function to which access is restricted; and

the purpose of the event or function is or includes the promotion of:

vaping; or

an e-cigarette product or the use of such a product; or

a manufacturer, importer, distributor or retailer of such a product.

the person is operating the flight of an aircraft; and

the person publishes the advertisement in the aircraft during the flight.

the first person engages in any of the following conduct:

making a contribution of any kind to another person;

entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person;

making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and

the conduct constitutes an e-cigarette sponsorship; and

any of the following apply:

the first person is a constitutional corporation;

the first person is a body corporate that is incorporated in a Territory;

the conduct takes place in the course of constitutional trade or commerce;

the conduct takes place in a Territory.

Engaging in conduct intended etc. to be an e-cigarette sponsorship

the first person engages in any of the following conduct:

making a contribution of any kind to another person;

entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person;

making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and

the conduct does not constitute an e-cigarette sponsorship, but:

the first person intends the conduct to be an e-cigarette sponsorship; or

the first person is reckless as to whether the contribution is an e-cigarette sponsorship; and

any of the following apply:

the first person is a constitutional corporation;

the first person is a body corporate that is incorporated in a Territory;

the conduct takes place in the course of constitutional trade or commerce;

the conduct takes place in a Territory.

is in writing; or

is express or implied; or

is legally binding; or

is publicly acknowledged.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

recklessness is the fault element for paragraph (1)(b); and

strict liability applies to paragraphs (1)(c) and (2)(c).

Geographical application

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

vaping;

an e-cigarette product or the use of such a product.

E-cigarette sponsorships may be prescribed

a gift;

a payment or reimbursement of electoral expenditure incurred during an election period.

a member of the Parliament of the Commonwealth, the Parliament of a State or the Legislative Assembly of a Territory;

a candidate for election to such a Parliament or Legislative Assembly;

(c) a political party that is registered under Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation;Part XI of the

an entity that is associated with a person or entity mentioned in paragraphs (a) to (c);

another person campaigning for or on behalf of a person or entity mentioned in paragraphs (a) to (c).

(a) all outer surfaces and inner surfaces of the retail packaging of tobacco products (within the meaning of paragraph (a) or (b) of the definition of retail packaging in section 71);

both sides of any lining of a cigarette pack.

health warnings;

mandatory markings;

the brand name or variant name of the tobacco product;

any other mark permitted on the retail packaging of the tobacco product under paragraph 77(3)(d).

the number of units, mass or volume of a tobacco product included in the retail packaging of that product;

the pricing of a tobacco product in retail packaging of that number of units, mass or volume.

Exception—shisha tobacco products

health warnings;

mandatory markings;

the brand name and any variant name (to the extent those names are not a prohibited term) of the tobacco product;

any other mark permitted by regulations (if any) made for the purposes of this paragraph.

brand name or variant name; or

other mark permitted under paragraph (3)(d);

that appears on the retail packaging of tobacco products must comply with the requirements (if any) prescribed by regulations made for the purposes of this subsection.

Restrictions

promote the product by means that:

are false, misleading or deceptive; or

are likely to create an erroneous impression about the product’s characteristics, health effects, risks or emissions; or

directly or indirectly create an impression that the product is less harmful than other tobacco products; or

wholly or partly obscure any health warning or mandatory marking; or

constitute a tobacco advertisement; or

provide access to a tobacco advertisement.

Section not to apply to wrappers

the retail packaging of a tobacco product; or

a tobacco product that is for retail sale.

regulations are made under subsection (1); and

those regulations are not the first such regulations made under that subsection;

the regulations must commence no earlier than 6 months after the day the regulations are made.

the retail packaging of a tobacco product; or

a tobacco product that is for retail sale.

must include the health promotion inserts, and any other inserts or onserts, prescribed by regulations made for the purposes of this paragraph; and

must not include any other inserts or onserts.

regulations are made under paragraph (1)(a) prescribing health promotion inserts; and

those regulations are not the first such regulations made under that paragraph;

the regulations must commence no earlier than 6 months after the day the regulations are made.

regulations are made under subsection (3) or (4) prescribing an image or text; and

those regulations are not the first such regulations made under that subsection;

the regulations must commence no earlier than 6 months after the day the regulations are made.

the person:

sells a tobacco product by way of retail sale; or

offers a tobacco product for sale by way of retail sale; and

at the time the product is sold or offered for sale, the product is not in retail packaging.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Strict liability offence

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a tobacco product; or

offers a tobacco product for sale; or

otherwise supplies (whether or not for consideration) a tobacco product;

to another person (the retailer); and

at the time the product is sold, offered for sale or supplied to the retailer, the product is not in retail packaging; and

at that time, the person knows that, or is reckless as to whether, the retailer is ordinarily in the business of selling tobacco products by way of retail sale.

Exception—cigars sold or supplied to retailer for individual resale

the sale, offer or supply is in respect of multiple tobacco products that are cigars; and

the sale or supply is by way of import by the retailer; and

the person reasonably believes that the retailer intends to package each cigar individually for retail sale as a single cigar.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a tobacco product; or

offers a tobacco product for sale; or

otherwise supplies (whether or not for consideration) a tobacco product; and

at the time the product is sold, offered for sale or supplied, the product is in retail packaging; and

the retail packaging does not comply with a tobacco product requirement.

Exception—cigars sold or supplied to retailer for individual resale

the sale, offer or supply is in respect of multiple tobacco products that are cigars; and

(b) the sale or supply is to another person (the retailer) who is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

the person reasonably believes that the retailer intends to repackage each cigar individually for retail sale as a single cigar.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person purchases a tobacco product; and

at the time the product is purchased, the product is in retail packaging; and

the retail packaging does not comply with a tobacco product requirement.

Exception—cigars purchased by retailer for individual resale

the person purchases multiple tobacco products that are cigars; and

the person is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

the person intends to repackage each cigar individually for retail sale as a single cigar.

Exception—purchase by individual for personal use

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person possesses a tobacco product; and

at the time of possession, the product is in retail packaging; and

the retail packaging does not comply with a tobacco product requirement.

Exception—cigars possessed by retailer for individual resale

the person possesses multiple tobacco products that are cigars; and

the person is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

the person intends to repackage each cigar individually for retail sale as a single cigar.

Exception—possession by individual for personal use

an individual possesses the tobacco product for the individual’s personal use; and

the amount of the tobacco product in the individual’s possession does not exceed the amount (if any) prescribed by regulations made for the purposes of this paragraph.

Exception—possession in the course of compliance and enforcement activities

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person packages a tobacco product; and

the tobacco product is packaged for retail sale; and

the retail packaging does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person manufactures packaging; and

the packaging is the retail packaging of tobacco products (other than an insert or onsert); and

the retail packaging does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person possesses packaging; and

the packaging is the retail packaging of tobacco products (other than an insert or onsert); and

the retail packaging does not comply with a tobacco product requirement.

Exception—possession by individual

the person has repackaged the tobacco products into other retail packaging that complies with the tobacco product requirements for the tobacco products; or

the person:

possesses other retail packaging that complies with the tobacco product requirements for the tobacco products; and

intends to repackage the tobacco products into that retail packaging.

Exception—possession in the course of compliance and enforcement activities

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

(a) the person (the manufacturer) manufactures a tobacco product; and

the manufacturer enters into a contract or arrangement, or arrives at an understanding, for another person to package the tobacco product for retail sale; and

the tobacco product is packaged for retail sale by the other person; and

the retail packaging does not comply with a tobacco product requirement.

Exception

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Strict liability offence

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a regulated tobacco item; or

offers a regulated tobacco item for sale; or

otherwise supplies (whether or not for consideration) a regulated tobacco item; and

the item does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Strict liability offence

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person purchases a regulated tobacco item; and

at the time the item is purchased, the item does not comply with a tobacco product requirement.

Exception—purchase by individual for personal use

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Strict liability offence

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person possesses a regulated tobacco item; and

at the time of possession, the item does not comply with a tobacco product requirement.

Exception—possession by individual for personal use

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Strict liability offence

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person manufactures a regulated tobacco item; and

the item does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

Strict liability offence

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a tobacco product by way of retail sale; or

offers a tobacco product for sale by way of retail sale;

to another person; and

that other person is a constitutional corporation; and

at the time the product is sold or offered for sale, the product is not in retail packaging.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a tobacco product; or

offers a tobacco product for sale; or

otherwise supplies (whether or not for consideration) a tobacco product;

to another person (the retailer); and

the retailer is a constitutional corporation; and

at the time the product is sold, offered for sale or supplied to the retailer, the product is not in retail packaging; and

at that time, the person knows that, or is reckless as to whether, the retailer is ordinarily in the business of selling tobacco products by way of retail sale.

Exception—cigars sold or supplied to retailer for individual resale

the sale, offer or supply is in respect of multiple tobacco products that are cigars; and

the sale or supply is by way of import by the retailer; and

the person reasonably believes that the retailer intends to package each cigar individually for retail sale as a single cigar.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a tobacco product; or

offers a tobacco product for sale; or

otherwise supplies (whether or not for consideration) a tobacco product;

to another person (the retailer); and

the retailer is a constitutional corporation; and

at the time the product is sold, offered for sale, or supplied to the retailer, the product is in retail packaging; and

the retail packaging does not comply with a tobacco product requirement.

Exception—cigars sold or supplied to retailer for individual resale

the sale, offer or supply is in respect of multiple tobacco products that are cigars; and

the retailer is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

the person reasonably believes that the retailer intends to repackage each cigar individually for retail sale as a single cigar.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person purchases a tobacco product from another person; and

that other person is a constitutional corporation; and

at the time the product is purchased, the product is in retail packaging; and

the retail packaging does not comply with a tobacco product requirement.

Exception—cigars purchased by retailer for individual resale

the person purchases multiple tobacco products that are cigars; and

the person is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

the person intends to repackage each cigar individually for retail sale as a single cigar.

Exception—purchase by individual for personal use

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person possesses a tobacco product; and

the person obtained possession of the product from a constitutional corporation; and

at the time of possession, the product is in retail packaging; and

the retail packaging does not comply with a tobacco product requirement.

Exception—cigars possessed by retailer for individual resale

the person possesses multiple tobacco products that are cigars; and

the person is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

the person intends to repackage each cigar individually for retail sale as a single cigar.

Exception—possession by individual for personal use

an individual possesses the tobacco product for the individual’s personal use; and

the amount of the tobacco product in the individual’s possession does not exceed the amount (if any) prescribed by regulations made for the purposes of this paragraph.

Exception—possession in the course of compliance and enforcement activities

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person packages a tobacco product; and

the product is packaged for retail sale; and

the product is packaged under a contract with a constitutional corporation; and

the retail packaging does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person manufactures packaging; and

the packaging is retail packaging of tobacco products (other than an insert or onsert); and

the retail packaging is manufactured under a contract with a constitutional corporation; and

the retail packaging does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person possesses packaging; and

the packaging is retail packaging of tobacco products (other than an insert or onsert); and

the person obtained possession of the retail packaging from a constitutional corporation; and

the retail packaging does not comply with a tobacco product requirement.

Exception—possession by individual

the person has repackaged the tobacco products into other retail packaging that complies with the tobacco product requirements for the tobacco products; or

the person:

possesses other retail packaging that complies with the tobacco product requirements for the tobacco products; and

intends to repackage the tobacco products into that retail packaging.

Exception—possession in the course of compliance and enforcement activities

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

(a) the person (the manufacturer) manufactures a tobacco product; and

the manufacturer enters into a contract or arrangement, or arrives at an understanding, for another person to package the tobacco product for retail sale; and

that other person is a constitutional corporation; and

the tobacco product is packaged for retail sale by the other person; and

the retail packaging does not comply with a tobacco product requirement.

Exception

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person:

sells a regulated tobacco item; or

offers a regulated tobacco item for sale; or

otherwise supplies (whether or not for consideration) a regulated tobacco item;

to another person; and

that other person is a constitutional corporation; and

the item does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person purchases a regulated tobacco item from another person; and

that other person is a constitutional corporation; and

at the time the product is purchased, the item does not comply with a tobacco product requirement.

Exception—purchase by individual for personal use

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person possesses a regulated tobacco item; and

the person obtained possession of the item from a constitutional corporation; and

at the time of possession, the item does not comply with a tobacco product requirement.

Exception—possession by individual for personal use

an authorised officer;

(b) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a member of the police force or police service of a State or Territory;

a State or Territory enforcement official.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the person manufactures a regulated tobacco item under a contract with another person; and

that other person is a constitutional corporation; and

the item does not comply with a tobacco product requirement.

Fault-based offence

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

for an individual—60 penalty units; and

for a body corporate—600 penalty units.

Civil penalty provision

for an individual—2,000 penalty units; and

for a body corporate—20,000 penalty units.

the relevant person engages in conduct that would (apart from this section) contravene the conduct rule in relation to a regulated tobacco item; and

subsection (3) is satisfied in relation to the item.

Export conditions

a contract or arrangement has been entered into, or an understanding has been reached, with another person for the item to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and

the relevant person engages in the conduct in the course of, or for the purposes of, the item being exported; and

in a case where the relevant person sells or supplies the item, or offers to sell or supply the item—the sale or supply is not, or would not be, a retail sale; and

in a case where the relevant person purchases the item—the relevant person does not purchase the item in the course of a retail sale.

(a) provisions (the existing provisions) of regulations prescribing images or a combination of images (if any) are in force for the purposes of subsection 78(1); and

(b) later regulations are made that contain provisions (the new provisions) amending the existing provisions;

then the later regulations may contain provisions (the phasing-in provisions) that provide that a prescribed conduct rule, to the extent that it relates to subsection 78(1), does not apply to prescribed conduct engaged in:

by persons in relation to a tobacco product if the retail packaging of that product displays the images or combination of images (if any) that will be prescribed for the purposes of subsection 78(1) on the day on which the new provisions commence; and

during one or more prescribed periods.

(a) provisions (the existing provisions) of regulations prescribing health promotion inserts are in force for the purposes of paragraph 82(1)(a); and

(b) later regulations are made that contain provisions (the new provisions) amending the existing provisions;

then the later regulations may contain provisions (the phasing-in provisions) that provide that a prescribed conduct rule, to the extent that it relates to paragraph 82(1)(a) and health promotion inserts, does not apply to prescribed conduct engaged in:

by persons in relation to a tobacco product if the retail packaging, referred to in subsection 82(1), of that product includes the health promotion inserts that will be prescribed for the purposes of paragraph 82(1)(a) on the day on which the new provisions commence; and

during one or more prescribed periods.

(a) provisions (the existing provisions) of regulations prescribing an image or text are in force for the purposes of subsection 86(3); and

(b) later regulations are made that contain provisions (the new provisions) amending the existing provisions;

then the later regulations may contain provisions (the phasing-in provisions) that provide that a prescribed conduct rule, to the extent that it relates to subsection 86(3) and images or text, does not apply to prescribed conduct engaged in:

by persons in relation to a tobacco product if the appearance of that product complies with the requirements, relating to images or text, that will be prescribed for the purposes of subsection 86(3) on the day on which the new provisions commence; and

during one or more prescribed periods.

(a) provisions (the existing provisions) of regulations prescribing an image or text are in force for the purposes of subsection 86(4); and

(b) later regulations are made that contain provisions (the new provisions) amending the existing provisions;

then the later regulations may contain provisions (the phasing-in provisions) that provide that a prescribed conduct rule, to the extent that it relates to subsection 86(4) and images or text, does not apply to prescribed conduct engaged in:

by persons in relation to a tobacco product if the physical features of that product comply with the requirements, relating to images or text, that will be prescribed for the purposes of subsection 86(4) on the day on which the new provisions commence; and

during one or more prescribed periods.

use the trade mark in Australia in relation to that item; or

authorise another person to use the trade mark in Australia in relation to that item; or

assign the trade mark to a body corporate that is about to be constituted with a view to the body corporate using the trade mark in Australia in relation to that item;

if the applicant would intend to do so but for the operation of this Act.

the operation of this Act; nor

the circumstance that a person is prevented, by or under this Act, from using a trade mark on or in relation to regulated tobacco items, or on or in relation to the retail packaging of tobacco products;

are circumstances that make it reasonable or appropriate:

not to register the trade mark; or

to revoke the acceptance of an application for registration of the trade mark; or

to register the trade mark subject to conditions or limitations; or

to revoke the registration of the trade mark.

sections 38 and 84A of the Trade Marks Act; and

any power of the Registrar of Trade Marks under the regulations made under that Act:

to revoke the acceptance of an international registration designating Australia (within the meaning of those regulations); or

to amend or cease protection of a protected international trade mark (within the meaning of those regulations).

Proceedings relating to opposed applications

on or in relation to regulated tobacco items; or

on or in relation to the retail packaging of tobacco products.

Trade Marks regulations applying provisions of Trade Marks Act

paragraph 50(1)(a);

paragraph 101B(2)(d);

subparagraph 101E(1)(a)(iv).

the retail packaging of tobacco products;

the content of tobacco products;

tobacco product accessories;

standards for tobacco products.