Version No. 003

Tobacco Regulations 2007S.R. No. 109/2007

Version incorporating amendments as at 23 August 2011

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Revocation 14 Definition 15 Point of sale notices about tobacco products 16 Price tickets or labels 46A Retail outlet notices about tobacco products available for sale 77 Retail display area 78 Labelling of tobacco products 89 Retail outlet warning and cessation of smoking signage 810 Retail outlet prohibition of sale of tobacco to minors sign 911 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

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

SCHEDULE 4—Entry, Search, Seizure and Taking Acknowledgement of Consent 19

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ENDNOTES 20

1. General Information 20

2. Table of Amendments 21

3. Explanatory Details 22

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Version No. 003

Tobacco Regulations 2007S.R. No. 109/2007

Version incorporating amendments as at 23 August 2011

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.

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 1×5 metres;

(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;

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

(iii) the pack numbers;

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

(c) the manner in which the information in a notice is set out or displayed is that the information—

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

(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.

(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 1×5 metres;

(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;

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

(iii) the pack numbers;

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

(c) the manner in which the information in a notice is set out is that the information—

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

(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.

(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 Schedule 1A and that graphic must—

(A) be printed in colour; and

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

(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

(C) in the maximum proportionate lettering that can be accommodated within the confines of the size of the notice; 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 6 millimetres in total size.

6 Price tickets or labels

(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;

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(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;

(c) the manner in which the information in a price ticket or label is set out or displayed is that the information—

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

(ii) is 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 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

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

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(2) For the purposes of section 6(3)(cc) 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 50 millimetres in width by 70 millimetres in height;

(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) 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;

(c) the manner in which the information in a price ticket or label is set out is that the information—

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

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

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

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(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.

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 (210 millimetres in width by 297 millimetres 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;

(c) the manner in which the information in a notice is set out or displayed is that the information—

(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

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

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

r. 6A

8 Labelling of tobacco products

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 (297 millimetres by 420 millimetres or 420 millimetres 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

(c) the sign must be displayed in a manner that ensures that it is clearly visible—

(i) at an entrance to the premises; or

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

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(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 (297 millimetres by 420 millimetres or 420 millimetres 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

(c) the sign must be displayed in a manner that ensures that it is clearly visible—

(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

(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

(c) displayed in a manner that ensures that it is clearly visible—

(i) at an entrance to the premises; or

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

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(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 18 years.

11 Acknowledgment of consent

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 Schedule 4.

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SCHEDULES

SCHEDULE 1Regulation 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. 1

Tobacco Regulations 2007S.R. No. 109/2007

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SCHEDULE 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 item 204 of Division 2.2.1 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 item 205 of Division 2.2.1 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 item 209 of Division 2.2.1 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 item 210 of Division 2.2.1 of Part 2.2 of Schedule 2 to the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth

SMOKING CAUSES LUNG CANCER

The graphic set out in item 212 of Division 2.2.1 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

Sch. 1A inserted by S.R. No. 113/2010 reg. 8, amended by S.R. No. 87/2011 reg. 3.

Sch. 1A

Tobacco Regulations 2007S.R. No. 109/2007

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PART B

Regulation 6A

STATEMENT FOR RETAIL OUTLET NOTICES ABOUT TOBACCO PRODUCTS AVAILABLE FOR SALE

Sch. 1A

Tobacco Regulations 2007S.R. No. 109/2007

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Tobacco Regulations 2007S.R. No. 109/2007

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SCHEDULE 2

PART 1

Regulation 9(1)

STATEMENTS FOR RETAIL OUTLET WARNING SIGNS

Sch. 2

Tobacco Regulations 2007S.R. No. 109/2007

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Sch. 2

Tobacco Regulations 2007S.R. No. 109/2007

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Sch. 2

Tobacco Regulations 2007S.R. No. 109/2007

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PART 2Regulation 9(2)

RETAIL OUTLET SIGN RELATING TO PROGRAMS ASSISTING IN THE CESSATION OF SMOKING

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Sch. 2

Tobacco Regulations 2007S.R. No. 109/2007

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SCHEDULE 3Regulation 10

PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO MINORS SIGN

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Sch. 3 substituted by S.R. No. 113/2010 reg. 9.

Sch. 3

Tobacco Regulations 2007S.R. No. 109/2007

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SCHEDULE 4Regulation 11

Tobacco Act 1987 (section 36D)

ENTRY, SEARCH, SEIZURE AND TAKING ACKNOWLEDGEMENT OF CONSENT

Name of inspector:

Details of premises:

Name of occupier:

Address:

Consent to entry and search:

Purpose of entry and search:

Statement of occupier—

The inspector has informed me of the purpose of the search.

I have been informed that I may refuse consent to the entry and search of the premises.

I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings.

I consent to the entry and search of the premises.

Signature of occupier: Date: Time:

Consent to seizure and taking

Items to be seized:

Statement of occupier:

I consent to the seizure and taking of any items listed.

Signature of occupier: Date: Time:

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Sch. 4

Tobacco Regulations 2007S.R. No. 109/2007

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ENDNOTES

1. General InformationThe Tobacco Regulations 2007, S.R. No. 109/2007 were made on 2 October 2007 by the Governor in Council under section 43 of the Tobacco Act 1987, No. 81/1987 and came into operation on 2 October 2007.

The Tobacco Regulations 2007 will sunset 10 years after the day of making on 2 October 2017 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes

Tobacco Regulations 2007S.R. No. 109/2007

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2. Table of AmendmentsThis Version incorporates amendments made to the Tobacco Regulations 2007 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Tobacco Amendment Regulations 2010, S.R. No. 113/2010Date of Making: 19.10.10Date of Commencement: 1.1.11: reg. 3

Tobacco Amendment Regulations 2011, S.R. No. 87/2011Date of Making: 23.8.11Date of Commencement: 23.8.11

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Endnotes

Tobacco Regulations 2007S.R. No. 109/2007

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3. Explanatory DetailsNo entries at date of publication.

Endnotes

Tobacco Regulations 2007S.R. No. 109/2007

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