(6) In determining the pecuniary penalty, the court may take into account all relevant matters, including: (a) the nature and extent of the contravention; and, (b) the nature and extent of any loss or damage suffered because of the contravention; and, (c) the circumstances in which the contravention took place; and. (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions in this Act, extends to every external Territory. 24 Retail packaging not to produce noise or scent. Note: An authorised officer is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901). (iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of contravening the civil penalty provision. package a tobacco product for retail sale has the meaning given by section 5. person assisting has the meaning given by section 56. 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. (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act. Australia, with the enactment of the Tobacco Plain Packaging Act on 12 December 2011, became the first country in the world to require tobacco products to be sold in plain packaging. 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. outer surface of a cigarette pack has a meaning affected by subsection 6(1). • Offences and civil penalties in Chapter 3 apply in certain circumstances if retail packaging or tobacco products do not comply with the requirements. (1) A reference in this Act to an outer surface of a cigarette pack (such as the front outer surface) is a reference to all of that outer surface, including the part of that outer surface that forms part of the flip‑top lid. (5) A person commits an offence of strict liability if the person contravenes subsection (1). Note: For the definition of mark, see section 4. Issuing officer to attach documents together. (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises. Note: Offences and civil penalties apply to the supply, purchase and manufacture etc. (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. (7) The authorised officer must comply with paragraph (6)(c) by the end of the day after the earlier of the following: (a) the day on which the warrant ceases to be in force; (b) the day on which the warrant is executed. 148 of 2011, “An Act to discourage the use of tobacco products, and for related purposes”; The Tobacco Plain Packaging Regulations 2011 (Select Legislative Instrument 2011, No. (iii) otherwise supplies (whether or not for consideration) a tobacco product; (b) that other person is a constitutional corporation; and, (c) at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. (a) the person ceases to be an authorised officer; and. (b) the person fails to comply with the notice. tobacco product requirement means the following requirements in relation to the retail packaging or appearance of tobacco products: (a) a requirement specified in Part 2 of Chapter 2; (b) a requirement prescribed by regulations made under Part 2 of Chapter 2; (c) if subsection 15(2) applies (acquisition of property)—a requirement prescribed by regulations made under section 15. trade description means any trade description that is required to appear on the retail packaging of tobacco products by regulations made under the Commerce (Trade Descriptions) Act 1905. variant name for a tobacco product means the name used to distinguish that kind of tobacco product from other tobacco products that are supplied under the same brand, business or company name, by reference to one or more of the following: (a) containing or not containing menthol; (b) being otherwise differently flavoured; (d) having or not having filter tips or imitation cork tips; (a) a warrant issued by an issuing officer under section 75; or. Powers of a person assisting the authorised officer. 34 Manufacturing non‑compliant retail packaging of tobacco products. (3) The Secretary is not required to take reasonable steps to return a thing because of paragraph (1)(c) if: (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or, (b) the thing may continue to be retained because of an order under section 72; or. Note: This table relates only to the provisions of this Act as originally enacted. (a) trade or commerce between Australia and places outside Australia; or, (b) trade or commerce among the States; or. 47 Selling or supplying non‑compliant tobacco products to a constitutional corporation. Trade Marks regulations applying provisions of Trade Marks Act. Note: For the definition of tobacco advertising and promotion, see section 4. (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. (3) A power exercised by a person assisting the authorised officer as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised officer. Division 3—Obligations and incidental powers of authorised officers. (b) affect the liability of a person for an alleged contravention of an offence if: (i) the person does not comply with an infringement notice given to the person for the contravention; or, (ii) an infringement notice is not given to the person for the contravention; or, (iii) an infringement notice is given to the person for the contravention and is subsequently withdrawn; or, (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an offence; or. (a) a Judge of a court created by the Parliament; or, (c) a Deputy President of the Administrative Appeals Tribunal; or. (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. (7) The provisions of this Part relating to the issue of warrants apply, with such modifications as are necessary, to the issue of an extension. (b) to give effect to certain obligations that Australia has as a party to the Convention on Tobacco Control. (2) Any brand, business or company name, or any variant name, for cigarettes that appears on a cigarette pack or cigarette carton: (a) must not obscure any relevant legislative requirement; and. 3 Tobacco Plain Packaging Act 2011 (Cth) (Austi.). (2) Any information in column 3 of the table is not part of this Act. (2) The things mentioned in subsection (1): (b) except as provided by subsection (3): (i) if regulations are in force prescribing a colour—must be that colour; and. • A civil penalty provision is enforceable under Part 4 of the Regulatory Powers Act (see section 85). (6) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1). (1) To further the objects of this Act, the regulations may prescribe additional requirements in relation to: Note 1: The objects of this Act are set out in section 3. (16) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory. 42 Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation, (b) the product is packaged under a contract with a constitutional corporation; and. (1) As soon as practicable after the end of each financial year, the Minister must cause to be prepared a report on: (a) the number and nature of any contraventions of this Act occurring in the financial year; and. sign (when used as a noun) has the meaning given by subsection 6(1) of the Trade Marks Act 1995. tobacco advertising and promotion has the meaning given by the Convention on Tobacco Control. (1) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department all or any of the Secretary’s powers or functions under this Act. (2) However, in the case of an individual none of the following is admissible in evidence against the individual in criminal proceedings: (1) The Secretary may, in writing, appoint the following persons as authorised officers: (a) a person who is appointed or engaged under the Public Service Act 1999; (aa) a person who is appointed or engaged otherwise than under the Public Service Act 1999, by the Commonwealth or by a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; (b) a member or special member of the Australian Federal Police; (i) who is appointed or employed by a State or Territory, or by a local governing body established by or under a law of a State or Territory; and. Australia's Tobacco Plain Packaging Act 2011 and its implementing Tobacco Plain Packaging Regulations 2011; 2. the Trade Marks Amendment (Tobacco Plain Packaging… outer surface of a cigarette pack has a meaning affected by subsection 6(1). (2) An authorised officer may do whatever is necessary to secure any electronic equipment that is on premises if he or she believes on reasonable grounds that: (a) there is on the premises evidential material of the kind specified in the warrant; and, (b) that evidential material may be accessible by operating the equipment; and, (c) expert assistance is required to operate the equipment; and. No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity. (2) Subsection (1) does not apply if the manufacturer took all reasonable steps to ensure that the retail packaging complied with the tobacco product requirements. (b) under section 92 of that Act, revoking the registration of the design. The Federal Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order. (5) Part 2 of Chapter 3 has, by force of this subsection, the effect it would have if its operation were, by express provision, confined to a person engaging in conduct to the extent to which the conduct takes place wholly or partly in a Territory. Tobacco Plain Packaging Bill 2011 No. Offence for failure to comply when entry under warrant, (a) the person is subject to a requirement under subsection (2); and. • The occupier of the premises has certain rights and responsibilities. has the meaning given by the Convention on Tobacco Control. (1) An authorised officer must comply with subsection (2) if: (a) a warrant is being executed in relation to premises; and. (b) is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989. means the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003. of the Administrative Appeals Tribunal has the meaning given by section 3 of the, of a cigarette means the part of the end of the cigarette that acts as a filter, or purports to. Convention on Tobacco Control means the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003. (3) An authorised officer must carry the identity card at all times when exercising powers and performing functions and duties as an authorised officer. • This Act relies on the external affairs power of the Constitution by implementing certain obligations in the Convention on Tobacco Control. (1) If an authorised officer has reasonable grounds for suspecting that there may be evidential material on any premises, the authorised officer may: (b) exercise the search powers (set out in sections 53, 54 and 55). However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention. (ii) the person has refused to take possession of the thing. (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). 54 Powers relating to electronic equipment. (3) A person commits an offence if the person contravenes subsection (1). 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