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TOBACCO PLAIN PACKAGING ACT 2011


TABLE OF PROVISIONS

           Long Title

            

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 or scent  
   25.     Retail packaging must not change after retail sale  

           Division 2--Requirements for appearance of tobacco products

   26.     Requirements for appearance of tobacco products  

           Division 3--Miscellaneous

   27.     Regulations may prescribe additional requirements  
   27A.    Legal effect of sections 18 to 27  
   28.     Effect on the Trade Marks Act 1995 of non-use of trade mark as a result of this Act  
   29.     Effect on the Designs Act 2003 of failure to make products as a result of this Act  
            

CHAPTER 3--Offences and civil penalty provisions
            

   PART 1--SIMPLIFIED OUTLINE

   30.     Simplified outline  

   PART 2--GENERAL OFFENCES AND CIVIL PENALTY PROVISIONS FOR NON-COMPLIANT RETAIL PACKAGING AND TOBACCO PRODUCTS

           Division 1--Non-compliant retail packaging of tobacco products

   31.     Selling or supplying tobacco products in non-compliant retail packaging  
   32.     Purchasing tobacco products in non-compliant retail packaging  
   33.     Packaging tobacco products in non-compliant retail packaging  
   34.     Manufacturing non-compliant retail packaging of tobacco products  
   35.     Manufacturing tobacco products that are packaged in non-compliant retail packaging  
   36.     Certain supplies of tobacco products that have not been packaged for retail sale  

           Division 2--Non-compliant tobacco products

   37.     Selling or supplying non-compliant tobacco products  
   38.     Purchasing non-compliant tobacco products  
   39.     Manufacturing non-compliant tobacco products  

   PART 3--OFFENCES AND CIVIL PENALTY PROVISIONS RELATING TO CONSTITUTIONAL CORPORATIONS

           Division 1--Non-compliant retail packaging of tobacco products

   40.     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  
   43.     Manufacturing non-compliant retail packaging of tobacco products under a contract with a constitutional corporation  
   44.     Packaging tobacco products in non-compliant retail packaging bearing identifying mark of a constitutional corporation  
   45.     Manufacturing non-compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation  
   46.     Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale  

           Division 2--Non-compliant tobacco products

   47.     Selling or supplying non-compliant tobacco products to a constitutional corporation  
   48.     Purchasing non-compliant tobacco products from a constitutional corporation  

   PART 4--EXPORT EXCEPTION AND PHYSICAL ELEMENTS OF OFFENCES

   49.     Export exception for non-compliant tobacco products  
   50.     Physical elements of offences  
            

CHAPTER 4--Powers to investigate contraventions of this Act
            

   PART 1--SIMPLIFIED OUTLINE

   51.     Simplified outline  

   PART 2--INVESTIGATION POWERS

   52.     Investigation powers  

   PART 3--POWER TO REQUIRE PERSONS TO GIVE INFORMATION, PRODUCE DOCUMENTS OR ANSWER QUESTIONS

   80.     Power to require persons to give information, produce documents or answer questions  
   80A.    Self-incrimination  

   PART 4--AUTHORISED OFFICERS

   81.     Appointment of authorised officers  
            

CHAPTER 5--Enforcing compliance with this Act
            

   PART 1--SIMPLIFIED OUTLINE

   84.     Simplified outline  

   PART 2--CIVIL PENALTIES AND INFRINGEMENT NOTICES

   85.     Civil penalty provisions  
   86.     Infringement notices  
            

CHAPTER 6--Miscellaneous provisions
            

   PART 1--SIMPLIFIED OUTLINE

   106.    Simplified outline  

   PART 2--MISCELLANEOUS PROVISIONS

   107.    Delegation  
   108.    Reports to Parliament  
   109.    Regulations  


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