Tobacco Plain Packaging Act 2011 (Cth) AUS-2, JE-7 TPP Bill Explanatory Memorandum Explanatory Memorandum, Tobacco Plain Packaging Bill 2011 (1) A pecuniary penalty is a debt payable to the Commonwealth. TABLE OF PROVISIONS Long Title CHAPTER 1--Preliminary PART 1--PRELIMINARY 1. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The Federal Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order. Manufacturers implemented enlarged graphic health warnings at the same time as plain packaging though they were free to introduce them earlier. An authorised officer who is executing a warrant must be in possession of: (a) the warrant issued by the issuing officer under section 75 (ordinary warrants), or a copy of the warrant as so issued; or. 24 Retail packaging not to produce noise or scent. • This Act relies on the external affairs power of the Constitution by implementing certain obligations in the Convention on Tobacco Control. Entry with consent—officer may ask questions etc. (5) In exercising powers or functions delegated under subsection (4), the delegate must comply with any directions of the Secretary. • This Act relies on the external affairs power of the Constitution by implementing certain obligations in the Convention on Tobacco Control. Note: For strict liability in relation to a physical element of an offence, see subsection 6.1(2) of the Criminal Code. 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 tobacco product requirement in subsection 4(1). (f) any onsert that is affixed or otherwise attached to the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition). (d) a non‑presidential member of the Administrative Appeals Tribunal who: (i) is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory; and. (3) An authorised officer, or person assisting, may apply to an issuing officer for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if: (a) there is an emergency situation; and. (5) An issuing officer may extend the period during which the authorised officer and persons assisting may be away from the premises if: (a) an application is made under subsection (3); and, (b) the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and. Deputy President of the Administrative Appeals Tribunal has the meaning given by section 3 of the Administrative Appeals Tribunal Act 1975. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. 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. insert means any thing (other than a tobacco product) placed inside packaging (within the ordinary meaning of the word), but does not include the lining of a cigarette pack if the lining complies with the requirements of this Act. In executing a warrant, an authorised officer, or a person assisting an authorised officer, may use such force against things as is necessary and reasonable in the circumstances. (2) If a cigarette carton has one or more flaps with surfaces that become visible only when the carton is opened, those surfaces are taken to be inner surfaces of the carton. TOBACCO PLAIN PACKAGING ACT 2011. civil penalty order has the meaning given by section 85. civil penalty provision (other than in paragraph 11(2)(b)) means a provision of this Act if: (i) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or, (ii) another provision of this Act provides that the provision is a civil penalty provision; and. It will not be amended to deal with any later amendments of this Act. 56 Persons assisting authorised officers, Authorised officers may be assisted by other persons. 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. (b) making the product available for sale even if the product is not visible to the public. Note: This table relates only to the provisions of this Act as originally enacted. a cigarette pack means the part of the outer surfaces of the pack that is obscured when the flip‑top lid is closed. 148 of 2011 as amended, taking into account amendments up to Tobacco Plain Packaging Amendment Act 2018. Note: Chapters 3 and 5 contain the offences and civil penalty provisions for failing to comply with a tobacco product requirement. 74 Compensation for acquisition of property. (d) supply tobacco products that are not packaged for retail sale without certain contractual prohibitions. Note: There is another exception to subsection (1) in section 49 (non‑compliant tobacco products for export). 87 Conduct contravening more than one civil penalty provision. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant legislative requirement means any of the following: relevant tobacco law has the meaning given by section 11. retail packaging of a tobacco product means: (a) any container for retail sale in which the tobacco product is directly placed; or, (b) any container for retail sale that contains a smaller container in which the tobacco product is directly placed; or, (c) any plastic or other wrapper that covers any retail packaging of the tobacco product (within the meaning of paragraph (a) or (b) of this definition); or, (d) any plastic or other wrapper that covers the tobacco product, being a tobacco product that is for retail sale; or, (e) any insert that is placed inside the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition); or. 68 Occupier to provide authorised officer with facilities and assistance. (a) an authorised officer does not comply with subsection (1) because of subsection (2); and. (1) A person contravenes this subsection if: (ii) offers a tobacco product for sale; or, (iii) otherwise supplies (whether or not for consideration) a tobacco product; and, (b) at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. (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. (Division 3 of Part 4 of the Regulatory Powers Act has rules about bringing civil proceedings and criminal proceedings.). Offence for failure to comply when entry under warrant, (a) the person is subject to a requirement under subsection (2); and. 1) (Select Legislative Instrument 2012, No. (6) Before making the application, the authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. (b) inform the occupier or other person of the rights and responsibilities of the occupier or other person under Division 4. (2) In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary. 2 Compilation date: 1/7/16 Registered: 25/7/16 An Act to discourage the use of tobacco products, and for related purposes Chapter 1—Preliminary Part 1—Preliminary 1 Short title This Act may be cited as the Tobacco Plain Packaging Act 2011. (ii) who has responsibilities in relation to health matters or in relation to compliance and enforcement in tobacco control matters; (d) a member of the police force or police service of a State or Territory. No. (b) the person fails to comply with the requirement. (5) An issuing officer who is a Deputy President or non‑presidential member of the Administrative Appeals Tribunal exercising a power conferred by 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), has the same protection and immunity as a Justice of the High Court. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. (iii) for a longer period if the occupier of the premises consents in writing. health warning means any message, information, graphic or other thing that is required to appear on the retail packaging of tobacco products by: (a) the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004; or, (b) a safety standard made under section 104, or declared under section 105, 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; or. An authorised officer, and any persons assisting, may complete the execution of a warrant that has been stopped by an order of a court if: (a) the order is later revoked or reversed on appeal; and. (1) A person to whom an infringement notice has been given may apply to the Secretary for an extension of the period referred to in paragraph 101(h). Note: The text of the Convention is set out in Australian Treaty Series 2005 No. 34 Manufacturing non‑compliant retail packaging of tobacco products. Note: The regulations might require the brand, business, company or variant name, or a relevant legislative requirement, to be a particular colour. Trade Marks regulations applying provisions of Trade Marks Act. (b) the civil penalty provision is in a section in Chapter 3; the reference includes a reference to a contravention of, or a person contravening, subsection (1) of that section. (10) The additional power mentioned in subsection (11) is taken to be included in the investigation powers under 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). (c) give any person at the premises an opportunity to allow entry to the premises. (e) must comply with the requirements in the table in subsection (3). 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