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TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) 


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Preliminary
            

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Definitions  
   5.      Definition of package a tobacco product for retail sale  
   6.      Rules relating to surfaces of cigarette packs and cigarette cartons  
   7.      References to contraventions of civil penalty provisions  
   8.      Act extends to external Territories  
   9.      Act binds the Crown  
   10.     Inconsistency with other Commonwealth legislation  
   11.     Operation of State and Territory laws  

   PART 2--SIMPLIFIED OUTLINES

   12.     Simplified outline for this Act  
   13.     Simplified outline for this Chapter  

   PART 3--CONSTITUTIONAL PROVISIONS

   14.     Additional operation of this Act  
   15.     Acquisition of property  
   16.     Implied freedom of political communication  
            

CHAPTER 2--Requirements for plain packaging and appearance of tobacco products
            

   PART 1--SIMPLIFIED OUTLINE

   17.     Simplified outline  

   PART 2--REQUIREMENTS FOR RETAIL PACKAGING AND APPEARANCE OF TOBACCO PRODUCTS

           Division 1--Requirements for retail packaging of tobacco products

   18.     Physical features of retail packaging  
   19.     Colour and finish of retail packaging  
   20.     Prohibition on trade marks and marks generally appearing on retail packaging  
   21.     Requirements for brand, business, company or variant names, and relevant legislative requirements  
   22.     Requirements for wrappers  
   23.     Retail packaging not to have inserts or onserts  
   24.     Retail packaging not to produce noise or scent  
   25.     Retail packaging must not change after retail sale  

           Division 2--Requirements for appearance of tobacco products

   26.     Requirements for appearance of tobacco products  

           Division 3--Miscellaneous

   27.     Regulations may prescribe additional requirements  
   27A.    Legal effect of sections 18 to 27  
   28.     Effect on the Trade Marks Act 1995 of non-use of trade mark as a result of this Act  
   29.     Effect on the Designs Act 2003 of failure to make products as a result of this Act  
            

CHAPTER 3--Offences and civil penalty provisions
            

   PART 1--SIMPLIFIED OUTLINE

   30.     Simplified outline  

   PART 2--GENERAL OFFENCES AND CIVIL PENALTY PROVISIONS FOR NON-COMPLIANT RETAIL PACKAGING AND TOBACCO PRODUCTS

           Division 1--Non-compliant retail packaging of tobacco products

   31.     Selling or supplying tobacco products in non-compliant retail packaging  
   32.     Purchasing tobacco products in non-compliant retail packaging  
   33.     Packaging tobacco products in non-compliant retail packaging  
   34.     Manufacturing non-compliant retail packaging of tobacco products  
   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  

           Division 2--Non-compliant tobacco products

   37.     Selling or supplying non-compliant tobacco products  
   38.     Purchasing non-compliant tobacco products  
   39.     Manufacturing non-compliant tobacco products  

   PART 3--OFFENCES AND CIVIL PENALTY PROVISIONS RELATING TO CONSTITUTIONAL CORPORATIONS

           Division 1--Non-compliant retail packaging of tobacco products

   40.     Selling or supplying tobacco products to a constitutional corporation in non-compliant retail packaging  
   41.     Purchasing tobacco products from a constitutional corporation in non-compliant retail packaging  
   42.     Packaging tobacco products in non-compliant retail packaging under a contract with a constitutional corporation  
   43.     Manufacturing non-compliant retail packaging of tobacco products under a contract with a constitutional corporation  
   44.     Packaging tobacco products in non-compliant retail packaging bearing identifying mark of a constitutional corporation  
   45.     Manufacturing non-compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation  
   46.     Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale  

           Division 2--Non-compliant tobacco products

   47.     Selling or supplying non-compliant tobacco products to a constitutional corporation  
   48.     Purchasing non-compliant tobacco products from a constitutional corporation  

   PART 4--EXPORT EXCEPTION AND PHYSICAL ELEMENTS OF OFFENCES

   49.     Export exception for non-compliant tobacco products  
   50.     Physical elements of offences  
            

CHAPTER 4--Powers to investigate contraventions of this Act
            

   PART 1--SIMPLIFIED OUTLINE

   51.     Simplified outline  

   PART 2--SEARCH WARRANTS

           Division 1--Search powers

   52.     Authorised officer may enter premises by consent or under a warrant  
   53.     Search powers of authorised officers  
   54.     Powers relating to electronic equipment  
   55.     Seizing other evidential material  
   56.     Persons assisting authorised officers  
   57.     Use of force in executing a warrant  

           Division 2--Powers of authorised officers to ask questions and seek production of documents

   58.     Authorised officer may ask questions and seek production of documents  

           Division 3--Obligations and incidental powers of authorised officers

   59.     Consent  
   60.     Announcement before entry under warrant  
   61.     Authorised officer to be in possession of warrant  
   62.     Details of warrant etc. to be given to occupier  
   63.     Completing execution of warrant after temporary cessation  
   64.     Completing execution of warrant stopped by court order  
   65.     Expert assistance to operate electronic equipment  
   66.     Compensation for damage to electronic equipment  

           Division 4--Occupier's rights and responsibilities

   67.     Occupier entitled to observe execution of warrant  
   68.     Occupier to provide authorised officer with facilities and assistance  

           Division 5--General provisions relating to seizure

   69.     Copies of seized things to be provided  
   70.     Receipts for seized things  
   71.     Return of seized things  
   72.     Issuing officer may permit a seized thing to be retained  
   73.     Disposal of seized things  
   74.     Compensation for acquisition of property  

           Division 6--Issue of warrants

   75.     Issue of warrants  
   76.     Warrants by telephone, fax etc.  
   77.     Authority of warrant  
   78.     Offence relating to warrants by telephone, fax etc.  

           Division 7--Powers of issuing officers

   79.     Powers of issuing officers  

   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  

   PART 4--MISCELLANEOUS

   81.     Appointment of authorised officers  
   82.     Identity cards  
   83.     Self-incrimination  
            

CHAPTER 5--Enforcing compliance with this Act
            

   PART 1--SIMPLIFIED OUTLINE

   84.     Simplified outline  

   PART 2--CIVIL PENALTY PROVISIONS

           Division 1--Obtaining a civil penalty order

   85.     Civil penalty orders  
   86.     Civil enforcement of penalty  
   87.     Conduct contravening more than one civil penalty provision  
   88.     Multiple contraventions  
   89.     Proceedings may be heard together  
   90.     Civil evidence and procedure rules for civil penalty orders  
   91.     Contravening a civil penalty provision is not an offence  

           Division 2--Civil proceedings and criminal proceedings

   92.     Civil proceedings after criminal proceedings  
   93.     Criminal proceedings during civil proceedings  
   94.     Criminal proceedings after civil proceedings  
   95.     Evidence given in civil proceedings not admissible in criminal proceedings  

           Division 3--Miscellaneous

   96.     Ancillary contravention of civil penalty provisions  
   97.     Mistake of fact  
   98.     State of mind  
   99.     Civil penalty provisions contravened by employees, agents or officers  

   PART 3--INFRINGEMENT NOTICES

   100.    When an infringement notice may be given  
   101.    Matters to be included in an infringement notice  
   102.    Extension of time to pay amount  
   103.    Withdrawal of an infringement notice  
   104.    Effect of payment of amount  
   105.    Effect of this Part  
            

CHAPTER 6--Miscellaneous provisions
            

   PART 1--SIMPLIFIED OUTLINE

   106.    Simplified outline  

   PART 2--MISCELLANEOUS PROVISIONS

   107.    Delegation  
   108.    Reports to Parliament  
   109.    Regulations  

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