outer surface of a cigarette pack has a meaning affected by subsection 6(1). The equipment may be secured by locking it up, placing a guard or any other means. has the meaning given by the Convention on Tobacco Control. (2)  No mark may appear anywhere on a tobacco product, other than as permitted by the regulations. 1. imitation cork tip of a cigarette means the part of the paper over the filter tip of the cigarette that is printed brown to resemble cork. Penalty for contravention of this subsection:        30 penalty units. Note:          For compensation for damage to electronic equipment, see section 66. and neither the lid, nor the edges of the lid, may be rounded, bevelled or otherwise shaped or embellished in any way; (c)  the inside lip of the cigarette pack must have straight edges, other than corners which may be rounded, and neither the lip, nor the edges of the lip, may be bevelled or otherwise shaped or embellished in any way; (d)  if the pack contains lining—the lining of the pack must be made only of foil backed with paper, or any other material prescribed by the regulations. Passive smoking and tobacco use leads to serious illness in 1525 people and tobacco account for more than one-fifth of all deaths in the country. (3)  However, the issuing officer must not issue the warrant unless the authorised officer or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought. Note:          For the definition of mark, see section 4. (Division 3 of Part 4 of the Regulatory Powers Act has rules about bringing civil proceedings and criminal proceedings. 35  Manufacturing tobacco products that are packaged in non‑compliant retail packaging, (a)  the person (the manufacturer) manufactures a tobacco product; and, (b)  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, (c)  the tobacco product is packaged for retail sale by the other person; and. 78  Offence relating to warrants by telephone, fax etc. (i)  discouraging people from taking up smoking, or using tobacco products; and, (ii)  encouraging people to give up smoking, and to stop using tobacco products; and, (iii)  discouraging people who have given up smoking, or who have stopped using tobacco products, from relapsing; and, (iv)  reducing people’s exposure to smoke from tobacco products; and. (3)  When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the Secretary: (a)  must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and. (1)  For the purposes of the Trade Marks Act 1995, and regulations made under that Act, an applicant for the registration of a trade mark in respect of tobacco products is taken to intend to: (a)  use the trade mark in Australia in relation to those products; or, (b)  authorise another person to use the trade mark in Australia in relation to those products; or. (d)  give to an issuing officer a form of warrant under that section that is not the form of warrant that the authorised officer purported to execute. 94  Criminal proceedings after civil proceedings. Penalty for contravention of this subsection:        30 penalty units. (1)  The occupier, or another person who apparently represents the occupier, is entitled to observe the execution of a warrant if the occupier or other person is present at the premises while the warrant is being executed. 60  Announcement before entry under warrant. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. In force. means any container for retail sale in which cigarettes are directly placed. However, if this Act is not supported by that power, then this Act will apply in more limited circumstances by relying on the corporations power, the trade and commerce power and the Territories power. •      Part 2 of this Chapter specifies requirements for the retail packaging and appearance of tobacco products. (b) in the centre of the space on the front outer surface that is not occupied by the health warning. (1)  Any brand, business or company name, or any variant name, for tobacco products that appears on the retail packaging of those products must comply with any requirements prescribed by the regulations. (b)  to enable evidence of such an offence or contravention to be secured for the purposes of a prosecution or action. Note 2:       See subsection 4(2) for an extended meaning of offer. 1. (b) in the centre of the outer surface of the pack or carton. Note:          This section does not apply to wrappers (see subsection (5)). (1)  The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department all or any of the Secretary’s powers or functions under this Act. (b)  the provision is a subsection, or a section that is not divided into subsections. (c)  an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010, to the extent that the standard relates to fire risk. (2)  For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions. 47  Selling or supplying non‑compliant tobacco products to a constitutional corporation. •      This Act relies on the external affairs power of the Constitution by implementing certain obligations in the Convention on Tobacco Control. Note:          There is another exception to subsection (1) in section 49 (non‑compliant tobacco products for export). The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. Note:          The exemption operates for a period of up to 12 months (see subsection 46(4) of that Act). (c)  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 those products; if the applicant would intend to do so but for the operation of this Act. (3)  The following are not required to be the colour mentioned in paragraph (2)(b): (i)  the brand, business or company name, or variant name (if any), for the tobacco products; and. (3)  An authorised officer must carry the identity card at all times when exercising powers and performing functions and duties as an authorised officer. •      Civil penalty orders may be sought under Part 2 of this Chapter from the Federal Court in relation to contraventions of civil penalty provisions. (1)  The Secretary must issue an identity card to an authorised officer. This Act may be cited as the Tobacco Plain Packaging Act 2011. display the required text and graphic health warnings. (5)  Subsection (4) is an offence of strict liability. Abstract Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material. (2)  It is the intention of the Parliament to contribute to achieving the objects in subsection (1) by regulating the retail packaging and appearance of tobacco products in order to: (a)  reduce the appeal of tobacco products to consumers; and, (b)  increase the effectiveness of health warnings on the retail packaging of tobacco products; and. • Part 3 of this Chapter contains provisions relating to the constitutional basis of this Act. (2)  The right to observe the execution of the warrant ceases if the occupier or other person impedes that execution. of tobacco products that do not comply with the requirements (see Chapter 3). Note 1:       There is an exception to this subsection in section 49 (non‑compliant tobacco products for export). (1)  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. That Division also sets out the relationship between this Act, the Trade Marks Act 1995 and the Designs Act 2003. (1)  This Act does not apply to the extent (if any) that its operation would result in an acquisition of property from a person otherwise than on just terms. (d)  the person is not regarded as having been convicted of the alleged offence. However, if this Act is not supported by that power, then this Act will apply in more limited circumstances by relying on the corporations power, the trade and commerce power and the Territories power. (1)  A person is not excused from giving information, producing a document or answering a question under subsection 80(2) on the ground that the information, the production of the document, or answer to the question, might tend to incriminate the person or expose the person to a penalty. (2)  A person who prepares a report under subsection (1) must give a copy to the Minister. Note:          For the requirements for wrappers, inserts and onserts, see sections 22 and 23. A cigar or cigarette is an example of a product that contains tobacco. Note:          For the definition of mark, see section 4. Authorised officers are appointed by the Secretary. 33  Packaging tobacco products in non‑compliant retail packaging, (a)  the person packages a tobacco product for retail sale; and. Protection and immunity—Judges and Federal Magistrates. Australia Tobacco Plain Packaging Act 2011 There are 7 decisions. If it is necessary to do so, the authorised officer may apply for the warrant before the information is sworn or affirmed. Compilation date:                              6 November 2018, Includes amendments up to:            Act No. (3)  A power exercised by a person assisting the authorised officer as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised officer. (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. (ii)  has been so enrolled for at least 5 years. means a roll of cut tobacco for smoking, enclosed in paper. 72  Issuing officer may permit a seized thing to be retained. This Act extends to all the external Territories. (4)  This section does not apply to a plastic or other wrapper that covers: (a)  the retail packaging of tobacco products; or. (1)  This section applies if an authorised officer, and all persons assisting, who are executing a warrant in relation to premises temporarily cease its execution and leave the premises. (c)  an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010, to the extent that the standard relates to the health effects of smoking or using tobacco products. •      Offences and civil penalties apply if tobacco products are supplied, purchased or manufactured and either the retail packaging, or the products themselves, do not comply with the requirements. tobacco product means processed tobacco, or any product that contains tobacco, that: (a)  is manufactured to be used for smoking, sucking, chewing or snuffing; and. (2)  The things mentioned in subsection (1): (b)  except as provided by subsection (3): (i)  if regulations are in force prescribing a colour—must be that colour; and. (15)  However, in the case of an individual none of the following is admissible in evidence against the individual in criminal proceedings: (a)  the information given, the document produced or the answer given; (b)  giving the information, producing the document or answering the question; (c)  any information, document or thing obtained as a direct or indirect consequence of giving the information, producing the document or answering the question. It allows for the use of a brand and variant name in a standard colour, position, font size and style. Tobacco Plain Packaging Act 2011 1 Compilation No. (2)  A person who prepares a report under subsection (1) must give a copy to the Minister. (b)  must not appear more than once on any of the following outer surfaces of the pack or carton: (i)  for a cigarette pack—the front, top and bottom outer surfaces of the pack; (ii)  for a cigarette carton—the front outer surface of the carton, and the 2 smallest outer surfaces of the carton; and, (c)  may appear only on the surfaces mentioned in paragraph (b); and, (d)  must appear across one line only; and. (3)  Part 2 of Chapter 3 has, by force of this subsection, the effect it would have if its operation were, by express provision, confined to a person engaging in conduct to the extent to which the conduct takes place in the course of, or in relation to, constitutional trade or commerce. (b)  (other than when referring to a trade mark) does not include a trade mark. (1)  Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if: (a)  the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and. (2)  Subsection (1) of this section does not apply to section 91 (contravening a civil penalty provision is not an offence). Note:          The regulations might require the brand, business, company or variant name, or a relevant legislative requirement, to be a particular colour. Details of warrant etc. (ii)  the relevant legislative requirements (other than the health warnings). the wrapper must be transparent and not coloured, marked, textured or embellished in any way, other than as permitted by the regulations; Retail packaging not to have inserts or onserts, The retail packaging of tobacco products (within the meaning of any of paragraphs (a) to (d) of the definition of, Retail packaging not to produce noise or scent, Retail packaging must not change after retail sale, Requirements for appearance of tobacco products, Regulations may prescribe additional requirements, Sections 18 to 27 have no legal effect other than to specify requirements, and provide for regulations specifying requirements, for the purposes of the definition of, (2)  To avoid doubt, for the purposes of paragraph 42(b) of the, (3)  To avoid doubt, for the purposes of sections 38 and 84A of the, (4)  For the purposes of paragraph 100(1)(c) of the, (5)  Subsections (1) to (4) also apply in relation to regulations made under the, (b)  provide in similar terms to provisions of the, •      It is up to the Commonwealth to decide whether to prosecute a, person for one of the offences or bring proceedings in relation to the contravention of the civil penalty provision. •      Division 2 of Part 2 also prohibits trade marks from generally appearing on the tobacco products themselves. 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