Commonwealth Consolidated Acts

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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 15

Acquisition of property

             (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.

             (2)  In particular, if, apart from this section, this Act would result in such an acquisition of property because it would prevent the use of a trade mark or other sign on or in relation to the retail packaging of tobacco products, or on tobacco products, then despite any other provision of this Act, the trade mark or sign may be used on or in relation to the retail packaging of tobacco products, or on tobacco products, subject to any requirements that may be prescribed in the regulations for the purposes of this subsection.

Note:          Offences and civil penalties apply to the supply, purchase and manufacture etc. of tobacco products that do not comply with any requirements specified in the regulations (see Chapter 3).

             (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

                     (b)  the appearance of tobacco products.



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