Tobacco Regulations 2007

Version No. 002

Tobacco Regulations 2007

S.R. No. 109/2007

Version incorporating amendments as at
1 January 2011

table of provisions

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Revocation 1

4 Definition 1

5 Point of sale notices about tobacco products 1

6 Price tickets or labels 4

6A Retail outlet notices about tobacco products available for sale 7

7 Retail display area 7

8 Labelling of tobacco products 8

9 Retail outlet warning and cessation of smoking signage 8

10 Retail outlet prohibition of sale of tobacco to minors sign 9

11 Acknowledgment of consent 10

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SCHEDULES 11

SCHEDULE 1—Regulations Revoked 11

SCHEDULE 1A 12

PART A—GRAPHIC HEALTH WARNINGS FOR RETAIL OUTLET POINT OF SALE NOTICES 12

PART B—STATEMENT FOR RETAIL OUTLET NOTICES ABOUT TOBACCO PRODUCTS AVAILABLE FOR SALE 13

SCHEDULE 2 14

Part 1—Statements for Retail Outlet Warning
Signs 14

Part 2—Retail Outlet Sign Relating to Programs Assisting in the Cessation of Smoking 17

SCHEDULE 3—Prohibition Of The Sale Of Tobacco Products To Minors Sign 18

SCHEDULE 4—Entry, Search, Seizure and Taking Acknowledgement ofConsent 19

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ENDNOTES 20

1. General Information 20

2. Table of Amendments 21

3. Explanatory Details 22

Version No. 002

Tobacco Regulations 2007

S.R. No. 109/2007

Version incorporating amendments as at
1 January 2011

Tobacco Regulations 2007

S.R. No. 109/2007

1 Objective

The objective of these Regulations is generally to prescribe matters required or permitted by the Tobacco Act 1987 to be prescribed or necessary to be prescribed to give effect to that Act.

2 Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3 Revocation

The Regulations listed in Schedule 1 are revoked.

4 Definition

In these Regulations, the Act means the Tobacco Act 1987.

Reg.5 amendedby S.R.No. 113/2010 reg.5 (ILA s.39B(2)).

5 Point of sale notices about tobacco products

(1) For the purposes of section 6(3)(ca) of the Act, the prescribed requirements as to—

(a) the size of a notice is that the notice is not larger than 1×5 metres by 1×5metres;

(b) the information to be contained in a notice is that the notice may contain any one or more of the following—

(i) the product lines usually available for sale;

(ii) the product flavours;

(iii) the pack numbers;

(iv) the product prices, including any discount price information;

(i) contains only lettering or numbers with a width not greater than 1×5centimetres and a height not greater than 2×1centimetres; and

(ii) contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and

(iii) is not more distinctive than the information in price tickets or labels used within the premises; and

r. 5

(iv) if price information, is printed or written on only one side of the notice; and

(v) if price information, is not highlighted by any artificial lighting greater than that used throughout the premises.

Reg.5(2) insertedby S.R.No. 113/2010 reg.5.

(2) For the purposes of section 6(3)(cab) of the Act, the prescribed requirements as to—

(a) the size of a notice is that the notice is not larger than 1×5 metres by 1×5metres;

(b) the information to be contained in a notice is that the notice may contain any one or more of the following—

(i) the product lines usually available for sale;

(ii) the product flavours;

(iii) the pack numbers;

(iv) the product prices, including any discount price information;

(i) contains only lettering or numbers with a width not greater than 1×5centimetres and a height not greater than 2×1centimetres; and

(ii) contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and

(iii) is not more distinctive than the information in price tickets or labels used within the premises; and

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(iv) if price information, is printed or written on only one side of the notice; and

(v) if price information, is not highlighted by any artificial lighting greater than that used throughout the premises;

(d) the manner in which a notice is displayed is that the notice is displayed with a sign that complies with subregulation (3) displayed either on, or immediately adjacent to, the notice.

Reg.5(3) insertedby S.R.No. 113/2010 reg.5.

(3) The sign must—

(a) be a minimum A4 in size (210 millimetres in height by 297 millimetres in width); and

(b) include one of the graphics referred to in column 1 of the Table in Part A of Schedule1A and that graphic must—

(A) be printed in colour; and

(B) be a minimum of 119 millimetres in height by 287 millimetres in width; and

(c) include the statement set out in column 2 of the Table that corresponds to the graphic, and that statement must be printed or written—

(A) in capital letters; and

(B) in white lettering on a black background; and

(d) include the words "Health Authority Warning", and those words must—

(A) be printed or written in white lettering on a black background; and

(B) be a minimum 90 millimetres by 6millimetres in total size.

6 Price tickets or labels

r. 6

(1) For the purposes of section 6(3)(cb) of the Act, the prescribed requirements as to—

(a) the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest immediate package of the tobacco product on display;

(b) the information to be contained in a price ticket or label is that the price ticket or label may contain the price, including any discount price information, of the product line and any one or more of the following—

(i) the name of the product line;

(ii) the strength of the product line;

(iii) the flavour and the number of items contained in the product line;

(iv) the average weekly sales of the product line;

(v) any identifying category information related to the product line;

(vi) a bar code or a similar identifying code of the product line;

(vii) the country of origin of the product line, including any symbol representing the country of origin;

(i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2×1centimetres; and

(ii) is printed or written in black or white or in not more than 4colours, with no colour being fluorescent; and

(iii) is not more distinctive than price tickets or labels used in relation to other goods within the premises; and

(iv) is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect; and

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(v) is not highlighted by any artificial lighting greater than that used throughout the premises.

(2) For the purposes of section 6(3)(cc) of the Act, the prescribed requirements as to—

Reg.6(2)(a) amendedby S.R.No. 113/2010 reg.6.

(a) the size of a price ticket or label is that the price ticket or label is not greater than 50millimetres in width by 70millimetres in height;

(i) the name of the product line;

(ii) the strength of the product line;

(iii) the flavour and the number of items contained in the product line;

(iv) a bar code or a similar identifying code of the product line;

(v) the country of origin of the product line, including any symbol representing the country of origin;

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(i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2×1centimetres; and

(ii) is printed or written in black or white or in not more than 4colours, with no colour being fluorescent; and

(iii) is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect.

Reg.6A insertedby S.R.No. 113/2010 reg.7.

6A Retail outlet notices about tobacco products available for sale

For the purposes of section 6(3)(d) of the Act, the prescribed requirements as to—

(a) the size of a notice is that the notice is not greater than A4 in size (210millimetres in width by 297millimetres in height);

(b) the information to be contained in a notice is that the notice must contain the statement set out in Part B of Schedule 1A and be printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the size of the notice;

(i) is not more distinctive than the information in other notices displayed within the premises; and

(ii) is printed or written on only one side of the notice; and

(iii) is not highlighted by any artificial lighting greater than that used throughout the premises.

7 Retail display area

r. 6A

For the purposes of section 6A(7) of the Act the prescribed area of display is 4 square metres.

8 Labelling of tobacco products

r. 8

For the purposes of section 11 of the Act, packages in which tobacco prepared for smoking is sold, or intended to be sold, by retail must be labelled in accordance with the provisions of the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth, other than regulation 20, and as if in regulation 19(8) of those Regulations, the references to "according to the testing methods specified in regulation 20" and "according to those testing methods" were revoked.

9 Retail outlet warning and cessation of smoking signage

(1) For the purposes of section 15C(1)(a) and (2) of the Act, the prescribed requirements for a health warning sign are that—

(a) the sign must be a minimum A3 in size (297millimetres by 420 millimetres or 420millimetres by 297 millimetres); and

(b) the sign must contain one of the statements in Part 1 of Schedule 2 and be printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

(2) For the purposes of section 15C(1)(b) and (2) of the Act, the prescribed requirements for a sign relating to programs assisting in the cessation of smoking are that—

(a) the sign must be a minimum A3 in size (297millimetres by 420 millimetres or 420millimetres by 297 millimetres); and

(b) the sign must contain the statement in Part 2 of Schedule 2 printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

10 Retail outlet prohibition of sale of tobacco to minors sign

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(1) For the purposes of section 15C(3) of the Act, the prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years is the sign set out in Schedule 3.

(2) The prescribed sign must be—

(a) printed with a blue background and white lettering; and

(b) a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

(3) Nothing in this regulation prohibits the use of a sign, in addition to the prescribed sign, that conveys by way of graphics, pictures, symbols or text a message about the prohibition of the sale of tobacco products to persons under the age of 18years.

11 Acknowledgment of consent

r. 11

For the purposes of section 36D(3) of the Act, the prescribed acknowledgment of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of any thing during the search must be in the form of Schedule4.

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SCHEDULES

SCHEDULE 1

Sch. 1

Regulation 3

Regulations Revoked

S.R. No. / Title
105/1997 / Tobacco Regulations 1997
11/1998 / Tobacco (Amendment) Regulations 1998
87/1999 / Tobacco (Labelling) Regulations 1999
116/2000 / Tobacco (Amendment) Regulations 2000
55/2001 / Tobacco (Amendment) Regulations 2001
66/2002 / Tobacco (Amendment) Regulations 2002
32/2003 / Tobacco (Amendment) Regulations 2003
21/2006 / Tobacco (Amendment) Regulations 2006

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Sch. 1A insertedby S.R.No. 113/2010 reg.8.

SCHEDULE 1A

Sch. 1A

PART A

Regulation 5(3)

GRAPHIC HEALTH WARNINGS FOR RETAIL OUTLET POINT OF SALE NOTICES

TABLE

Column 1—Graphic / Column 2—Corresponding statement /
The graphic set out in item204 of Division2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth / SMOKING CLOGS YOUR ARTERIES
The graphic set out in item205 of Division2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth / DON'T LET YOUR CHILDREN BREATHE YOUR SMOKE
The graphic set out in item209 of Division2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth / SMOKING CAUSES BLINDNESS
The graphic set out in item210 of Division2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth / SMOKING CAUSES LUNCH CANCER
The graphic set out in item212 of Division2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth / SMOKING DOUBLES YOUR RISK OF STROKE

PART B