Tobacco Plain Packaging Regulations of 2011 (consolidated as of December 8, 2018), Australia, WIPO Lex

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English Tobacco Plain Packaging Regulations of 2011 (consolidated as of December 8, 2018)

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Tobacco Plain Packaging Regulations of 2011 (consolidated as of December 8, 2018)

Tobacco Plain Packaging Regulations 2011

Authorised Version F2018C00935 registered 19/12/2018

Select Legislative Instrument No. 263, 2011

made under the

Tobacco Plain Packaging Act 2011

Compilation No. 3

Compilation date: 8 December 2018

Includes amendments up to: F2018L01706

Registered: 19 December 2018

Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation

This compilation

This is a compilation of the Tobacco Plain Packaging Regulations 2011 that shows the text of

the law as amended and in force on 8 December 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending

laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any

uncommenced amendments affecting the law are accessible on the Legislation Register

(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the

compilation date are underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an

application, saving or transitional provision that is not included in this compilation, details are

included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the

modification does not amend the text of the law. Accordingly, this compilation does not show

the text of the compiled law as modified. For more information on any modifications, see the

series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the

law, details are included in the endnotes.

Authorised Version F2018C00935 registered 19/12/2018

Contents

Part 1—Preliminary 1 1.1.1 Name of Regulations ........................................................ 1

1.1.3 Definitions ........................................................................ 1

1.1.4 Purpose ............................................................................. 2

1.1.5 Exemption from Trans-Tasman Mutual

Recognition Act 1997........................................................ 2

Part 2—Requirements for retail packaging of tobacco products 3

Division 2.1—Physical features of retail packaging 3

2.1.1 Physical features of cigarette packs .................................. 3

2.1.2 Physical features of cigarette cartons................................ 3

2.1.3 Physical features of lining of primary packaging of

tobacco products ............................................................... 3

2.1.4 Physical features of cigar tubes......................................... 4

2.1.5 Physical features of other primary packaging ................... 4

2.1.6 Windows in packaging prohibited .................................... 4

Division 2.2—Colour and finish of retail packaging 5

2.2.1 Colour and finish of primary packaging and

secondary packaging......................................................... 5

Division 2.3—Trade marks or marks on retail packaging 6

2.3.1 Trade marks or marks appearing on retail

packaging.......................................................................... 6

2.3.2 Origin mark....................................................................... 7

2.3.3 Calibration mark ............................................................... 7

2.3.4 Measurement mark and trade description ......................... 7

2.3.5 Bar code............................................................................ 8

2.3.6 Fire risk statement............................................................. 9

2.3.7 Locally made product statement ....................................... 9

2.3.8 Marking of name and address on packaging ................... 10

2.3.9 Consumer contact telephone number .............................. 10

2.3.10 Primary packaging track and trace identifiers ................. 11

2.3.11 Secondary packaging track and trace identifiers ............. 12

Division 2.4—Brand, business, company and variant names 14

2.4.1 Appearance of names on retail packaging of

cigarettes......................................................................... 14

2.4.2 Appearance of names on other retail packaging ............. 14

2.4.3 Location of names on cigar tubes ................................... 15

2.4.4 Location of names on other retail packaging .................. 15

Division 2.5—Wrappers 16

2.5.1 Mark on wrapper to conceal bar codes ........................... 16

2.5.2 Tear strips on wrappers................................................... 16

Division 2.6—Inserts and onserts 17

2.6.1 Adhesive label health warnings ...................................... 17

2.6.2 Inserts to avoid damage to tobacco products .................. 17

2.6.3 Tabs for resealing tobacco products................................ 17

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Part 3—Requirements for appearance of tobacco products 18

Division 3.1—Appearance of cigarettes 18

3.1.1 Paper casing for cigarettes .............................................. 18

3.1.2 Alphanumeric code on cigarettes .................................... 18

3.1.3 Colour of filter tip of cigarettes....................................... 18

Division 3.2—Appearance of other tobacco products 19

3.2.1 Appearance of cigars ...................................................... 19

3.2.2 Threads on bidis.............................................................. 20

Endnotes 21

Endnote 1—About the endnotes 21

Endnote 2—Abbreviation key 22

Endnote 3—Legislation history 23

Endnote 4—Amendment history 24

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Preliminary Part 1

Regulation 1.1.1

Part 1—Preliminary

1.1.1 Name of Regulations

These Regulations are the Tobacco Plain Packaging Regulations 2011.

1.1.3 Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including the

following:

(a) health warning;

(b) relevant legislative requirement;

(d) tobacco advertising and promotion;

(e) tobacco product.

In these Regulations:

Act means the Tobacco Plain Packaging Act 2011.

bar code means a mark containing information about a product in the form of a

series of numbers and bars of varying thickness designed to be read by an optical

scanner.

bidi means a tobacco product for smoking, not enclosed in paper, commonly

known as a bidi.

calibration mark means a mark used only for the purpose of the automated

manufacture of retail packaging.

cigar means a roll of cut tobacco for smoking, enclosed in tobacco leaf or the

leaf of another plant.

cigar tube means a tube for packaging one cigar.

lowered permeability band—see subregulation 3.1.1(2).

machine-readable code means an optical code representing data in a form that is

only readable with the aid of an optical scanner.

origin mark means a mark on the retail packaging of tobacco products to

distinguish the origin of the tobacco products and does not include a date by

which it is recommended that the product be used.

pouch means primary packaging that:

(a) is made from flexible material; and

(b) takes the form of a rectangular pocket with a flap that covers the opening.

primary packaging means retail packaging of a tobacco product within the

meaning of paragraph (a) of the definition of retail packaging in subsection 4(1)

of the Act.

Tobacco Plain Packaging Regulations 2011

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Part 1 Preliminary

Regulation 1.1.4

primary packaging track and trace identifier means a unique identifier that:

(a) appears on the primary packaging of a tobacco product; and

(b) is of a kind referred to in Article 6 or 10 of the Commission Implementing

Regulation (EU) 2018/574 of 15 December 2017, as existing on the day

this definition commences.

Note: The Regulation could in 2018 be viewed on the European Union website

(https://europa.eu).

secondary packaging means retail packaging of a tobacco product within the

meaning of paragraph (b) of the definition of retail packaging in subsection 4(1)

of the Act.

secondary packaging track and trace identifier means a unique identifier that:

(a) appears on the secondary packaging of a tobacco product; and

(b) is of a kind referred to in Article 6 or 10 of the Commission Implementing

Regulation (EU) 2018/574 of 15 December 2017, as existing on the day

this definition commences.

Note: The Regulation could in 2018 be viewed on the European Union website

(https://europa.eu).

tear strip means a line of plastic incorporated into a plastic or other wrapper, to

enable the wrapper to be opened quickly, but does not include any part of the

wrapper that is removed with the tear strip when the wrapper is opened.

1.1.4 Purpose

These Regulations prescribe requirements for the retail packaging and

appearance of tobacco products for Part 2 of Chapter 2 of the Act.

1.1.5 Exemption from Trans-Tasman Mutual Recognition Act 1997

For section 109 of the Act, on and from 1 October 2012 the Act is exempt from

the operation of the Trans-Tasman Mutual Recognition Act 1997.

Note 1: The Tobacco Plain Packaging Act 2011 and these Regulations were temporarily exempted from the operation of the Trans-Tasman Mutual Recognition Act 1997 under section 46 of that Act and section 109 of the Tobacco Plain Packaging Act 2011. The temporary exemption operated from 1 October 2012 until the commencement of the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

Note 2: The Tobacco Plain Packaging Act 2011 and these Regulations are permanently exempted from the operation of the Trans-Tasman Mutual Recognition Act 1997 under subsection 4(2) and section 45 of that Act, and clause 3 to Part 2 of Schedule 2 to that Act. The permanent exemption began on the commencement of the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for retail packaging of tobacco products Part 2

Physical features of retail packaging Division 2.1

Regulation 2.1.1

Part 2—Requirements for retail packaging of tobacco

products

Division 2.1—Physical features of retail packaging

2.1.1 Physical features of cigarette packs

(1) The dimensions of a cigarette pack, when the flip-top lid is closed, must not be:

(a) height—less than 85 mm or more than 125 mm; and

(b) width—less than 55 mm or more than 82 mm; and

(2) A cigarette pack must not contain an opening that can be re-closed or re-sealed

after the opening is first opened, other than the flip-top lid.

(3) The flip-top lid to a cigarette pack must be hinged only at the top of the pack.

Note 1: Subsection 18(1) of the Act sets out general requirements for the physical features of

retail packaging for all tobacco products. Subsections 18(2) and (3) of the Act set out

additional requirements relating to the physical features of cigarette packs and cigarette

cartons.

Note 2: Paragraph 18(3)(b) of the Act sets out other requirements in relation to flip-top lids.

2.1.2 Physical features of cigarette cartons

A cigarette carton may include a perforated strip for opening the carton that

leaves serrations on the edge of a surface of the carton when the carton is

opened.

2.1.3 Physical features of lining of primary packaging of tobacco products

(1) The lining of primary packaging of tobacco products may be textured over the

entire surface of the lining with small dots or squares embossed into the lining,

for the purpose of the automated manufacture of the packaging, or the packing of

tobacco products into the packaging.

(2) If the lining is embossed as permitted by subregulation (1), the dots or squares

embossed into the lining must be:

(a) equidistant from each other; and

(b) closely spaced; and

(3) However, the embossing of the lining must not:

(a) except as permitted by subregulations (1) and (2), form a pattern; or

(b) form an image or other symbol; or

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

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Part 2 Requirements for retail packaging of tobacco products

Division 2.1 Physical features of retail packaging

Regulation 2.1.4

2.1.4 Physical features of cigar tubes

(1) A cigar tube:

(a) must be cylindrical and rigid; and

(b) may have one or both ends tapered or rounded.

(2) The opening to a cigar tube must be at least 15 mm in diameter.

2.1.5 Physical features of other primary packaging

Primary packaging of tobacco products, other than a cigarette pack or a cigar

tube, must comply with the following requirements:

(a) the largest dimension of the packaging must be at least 85 mm;

(b) the second largest dimension of the packaging must be at least 55 mm.

2.1.6 Windows in packaging prohibited

Retail packaging of tobacco products, other than a plastic or other wrapper, must

not have a cut-out area or window that enables the contents of the packaging to

be visible from outside the packaging.

Tobacco Plain Packaging Regulations 2011

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Requirements for retail packaging of tobacco products Part 2

Colour and finish of retail packaging Division 2.2

Regulation 2.2.1

Division 2.2—Colour and finish of retail packaging

2.2.1 Colour and finish of primary packaging and secondary packaging

(1) This regulation is made for subparagraph 19(2)(b)(i) of the Act.

(2) All outer surfaces of primary packaging and secondary packaging must be the

colour known as Pantone 448C.

(3) Each inner surface of a cigarette pack or cigarette carton must be white.

(3A) Each inner surface of primary packaging or secondary packaging, other than a

cigarette pack or cigarette carton, must be:

(a) white; or

(b) the colour of the packaging material in its natural state.

(4) The lining of a cigarette pack must be silver coloured foil with a white paper

backing.

(5) This regulation does not apply to calibration marks.

Surfaces of pouches

(6) In this regulation:

(a) a reference to inner surface of a pouch is a reference to the part of the

surface of the pouch that, when the pouch is closed:

(i) is in direct contact with, or could come into direct contact with, the

tobacco product; or

(ii) could come into direct contact with the tobacco product but for a

lining or other insert in the pouch; and

(b) any other surface of a pouch is taken to be an outer surface.

Note 1: Pouch is defined in regulation 1.1.3.

Note 2: Section 19 of the Act sets out other requirements relating to the colour and finish of

retail packaging.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Part 2 Requirements for retail packaging of tobacco products

Division 2.3 Trade marks or marks on retail packaging

Regulation 2.3.1

Division 2.3—Trade marks or marks on retail packaging

2.3.1 Trade marks or marks appearing on retail packaging

(1) The following are permitted to appear on primary packaging and secondary

packaging:

(a) one or more origin marks in accordance with regulation 2.3.2;

(b) one or more calibration marks in accordance with regulation 2.3.3;

regulation 2.3.4;

(d) a bar code in accordance with regulation 2.3.5;

(e) a fire risk statement in accordance with regulation 2.3.6;

(f) a locally made product statement in accordance with regulation 2.3.7;

(g) a name and address in accordance with regulation 2.3.8.

(2) In addition to subregulation (1), a consumer contact telephone number in

accordance with regulation 2.3.9 may appear on primary packaging.

(2A) In addition to subregulation (1):

(a) a primary packaging track and trace identifier in accordance with

regulation 2.3.10 may appear on primary packaging; and

(b) a secondary packaging track and trace identifier in accordance with

regulation 2.3.11 may appear on secondary packaging.

(3) One or more calibration marks in accordance with regulation 2.3.3 may appear

on a plastic or other wrapper that covers primary packaging or secondary

packaging or that covers a tobacco product that is for retail sale.

(4) In addition to subregulation (3):

(a) one or more origin marks in accordance with regulation 2.3.2 may appear

on a plastic or other wrapper that covers a tobacco product that is for retail

sale; and

(b) the following marks may appear on a plastic or other wrapper that covers

more than one item of primary packaging:

(i) a measurement mark and trade description in accordance with

regulation 2.3.4;

(ii) a bar code in accordance with regulation 2.3.5;

(iii) a fire risk statement in accordance with regulation 2.3.6;

(iv) one or more marks to conceal bar codes in accordance with

regulation 2.5.1.

(5) The trade mark or mark mentioned in subregulation (1), (2), (2A), (3) or (4) must

not:

(a) obscure any relevant legislative requirement; or

(b) constitute tobacco advertising and promotion; or

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for retail packaging of tobacco products Part 2

Trade marks or marks on retail packaging Division 2.3

Regulation 2.3.2

2.3.2 Origin mark

(1) An origin mark must be:

(a) an alphanumeric code; or

(b) a covert mark that is not visible to the naked eye.

(2) If an origin mark is an alphanumeric code, it must:

(a) appear only once on the retail packaging; and

(b) for a cigarette pack or cigarette carton—appear on either:

(i) the side outer surface of the pack or carton that does not bear a health

warning; or

(ii) the bottom outer surface of the pack or carton; and

(i) in the typeface known as Lucida Sans; and

(ii) no larger than 10 points in size; and

(iii) in a normal weighted regular font; and

(iv) in either white or black.

(3) However, if the origin mark is printed in black, it may include a white

background in the form of a rectangle no larger than 20 mm by 5 mm.

2.3.3 Calibration mark

A calibration mark on retail packaging of tobacco products:

(a) must appear only as necessary for the automated manufacture of the

packaging; and

(b) if visible or otherwise detectable on the packaging—must be as

inconspicuous as possible consistent with the calibration mark’s function in

the manufacturing process.

2.3.4 Measurement mark and trade description

(1) A measurement mark or trade description on primary packaging or secondary

packaging must be printed:

(a) in the typeface known as Lucida Sans; and

(b) for the statement of measurement required by Division 4.4 of the National

Trade Measurement Regulations 2009—no larger than the minimum size

required by those Regulations; and

10 points in size; and

(d) in normal weighted regular font; and

(e) in the colour known as Pantone Cool Gray 2C.

(2) A measurement mark or trade description on a plastic or other wrapper that

covers more than one item of primary packaging must be printed:

(a) in white; and

(b) on a black rectangular background.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

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Part 2 Requirements for retail packaging of tobacco products

Division 2.3 Trade marks or marks on retail packaging

Regulation 2.3.5

(3) For a cigarette pack or cigarette carton:

(a) the name and address required by Division 4.3 of the National Trade

Measurement Regulations 2009 must:

(i) appear only on the side outer surface of the pack or carton that does

not bear a health warning; and

(ii) appear only once on that surface; and

(b) the statement of measurement required by Division 4.4 of the National

Trade Measurement Regulations 2009 may appear once on no more than 2

of the front, top and bottom outer surfaces of the pack or carton; and

(i) appear only on the side outer surface of the pack or carton that does

not bear a health warning; and

(ii) appear only once on that surface.

(4) For retail packaging of tobacco products other than a cigarette pack or cigarette

carton:

(a) the name and address required by Division 4.3 of the National Trade

Measurement Regulations 2009 must appear only once on the packaging;

and

(b) the statement of measurement required by Division 4.4 of the National

Trade Measurement Regulations 2009 may appear once on no more than 2

surfaces of the packaging; and

2.3.5 Bar code

(1) A bar code must:

(a) appear only once on the retail packaging; and

(b) for a cigarette pack or cigarette carton—appear only on the side outer

surface of the pack or carton that does not bear a health warning; and

(i) black and white; or

(ii) the colour known as Pantone 448C and white; and

(d) be rectangular in shape.

(2) The bar code must not form a picture, symbol or design.

(3) For a plastic or other wrapper covering more than one item of primary

packaging, the bar code may be:

(a) included on an adhesive label fastened firmly to the wrapper so as not to be

easily removable; or

(b) printed on the wrapper.

(4) For paragraph (3)(a), an adhesive label is easily removable if:

(a) it is not likely to stay fastened during the expected life of the wrapper; or

(b) it can be removed without damaging the label or the wrapper.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for retail packaging of tobacco products Part 2

Trade marks or marks on retail packaging Division 2.3

Regulation 2.3.6

2.3.6 Fire risk statement

(1) The following requirements apply to a fire risk statement on primary packaging

or secondary packaging:

(a) the text of the statement must be printed:

(i) in the typeface known as Lucida Sans; and

(ii) no larger than 10 points in size; and

(iii) in normal weighted regular font; and

(iv) in the colour known as Pantone Cool Gray 2C;

(b) for a cigarette pack—the statement must be placed beneath the health

warning on the back outer surface of the pack;

surface of the carton.

(2) A fire risk statement on a plastic or other wrapper that covers more than one item

of primary packaging must be printed:

(a) in white; and

(b) on a black rectangular background.

(3) The fire risk statement may be included on an adhesive label on retail packaging

of tobacco products (other than an insert or onsert) if the background of the

adhesive label is the colour known as Pantone 448C and the adhesive label is

permitted by:

(a) regulation 14 of the Trade Practices (Consumer Product Safety Standard)

(Reduced Fire Risk Cigarettes) Regulations 2008; 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 fire risk; or

section 135, of Schedule 2 to the Competition and Consumer Act 2010, to

the extent that the standard relates to fire risk.

(4) However, if an adhesive label mentioned in subregulation (3) is on a plastic or

other wrapper covering more than one item of primary packaging, the

background of the adhesive label must be black.

2.3.7 Locally made product statement

(1) If a tobacco product is made or produced in Australia, the primary packaging and

secondary packaging of the product may include one sentence to that effect

stating any of the following:

(a) the product’s country of origin;

(b) the country of origin for components of the product;

but must not otherwise describe the product or the components of the product.

Tobacco Plain Packaging Regulations 2011

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Part 2 Requirements for retail packaging of tobacco products

Division 2.3 Trade marks or marks on retail packaging

Regulation 2.3.8

Example

“Made in Australia from imported tobacco”, not “Made in Australia from imported premium

tobacco”.

(2) The words must:

(a) appear only once on the retail packaging; and

(b) for a cigarette pack or cigarette carton—appear only on the side outer

surface of the pack or carton that does not bear a health warning; and

(i) in the typeface known as Lucida Sans; and

(ii) no larger than 10 points in size; and

(iii) in a normal weighted regular font; and

(iv) in the colour known as Pantone Cool Gray 2C.

2.3.8 Marking of name and address on packaging

(1) If regulation 4.7 of the National Trade Measurement Regulations 2009 does not

apply to the primary packaging and secondary packaging of a tobacco product,

that packaging of the product may include the name and address of the person

who packed the product or on whose behalf it was packed.

Note: Regulation 4.8 of the National Trade Measurement Regulations 2009 has an exemption

for imported prepackaged products.

(2) The words must:

(a) appear only once on the retail packaging; and

(b) for a cigarette pack or cigarette carton—appear only on the side outer

surface of the pack or carton that does not bear a health warning; and

(i) in the typeface known as Lucida Sans; and

(ii) no larger than 10 points in size; and

(iii) in a normal weighted regular font; and

(iv) in the colour known as Pantone Cool Gray 2C.

(3) The address must be a place in Australia where a document may be served

personally on the person.

Note: A post office box address is not a place where a document may be served personally.

2.3.9 Consumer contact telephone number

(1) A consumer contact telephone number:

(a) must be printed:

(i) in the typeface known as Lucida Sans; and

(ii) no larger than 10 points in size; and

(iii) in normal weighted regular font; and

(iv) in the colour known as Pantone Cool Gray 2C; and

(b) must only:

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

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Requirements for retail packaging of tobacco products Part 2

Trade marks or marks on retail packaging Division 2.3

Regulation 2.3.10

(i) appear as numerals or as any combination of numerals, hyphens and

brackets; and

(ii) be prefaced with the abbreviation “Phone:” or “Ph:”, exactly in one of

those forms; and

(iii) appear once on the primary packaging; and

(iv) for a cigarette pack—appear on the side outer surface of the pack that

does not bear a health warning; and

(v) for other retail packaging that is marked with a name and address in

accordance with regulation 2.3.4 or 2.3.8—appear on the same surface

as the name and address; and

(i) be false, misleading, deceptive or likely to create an erroneous

impression about the characteristics, health effects, hazards or

emissions of the tobacco product; or

(ii) directly or indirectly create a false impression that a particular tobacco

product is less harmful than other tobacco products; or

(iii) represent, or be linked or related in any way to, the emission yields of

the tobacco product, such as tar, nicotine or carbon monoxide; or

(iv) represent, or be related in any way to, the brand or variant name of the

tobacco product.

Note: Subregulation 2.3.1(5) also provides restrictions in relation to tobacco advertising and

promotion.

2.3.10 Primary packaging track and trace identifiers

Cigarette packs

(1) A primary packaging track and trace identifier on a cigarette pack must:

(a) appear only once on the cigarette pack; and

(b) appear on only one of the following:

(i) the side outer surface of the pack that does not bear a health warning;

(ii) the bottom outer surface of the pack;

(iii) the top outer surface of the pack; and

printed:

(i) in normal weighted regular font; and

(ii) in black, white or grey; and

(d) to the extent that the track and trace identifier is a machine-readable

code—be printed in black, white or grey; and

(e) be printed on a background that is the colour known as Pantone 448C.

Retail packaging of tobacco products other than cigarette packs

(2) A primary packaging track and trace identifier on primary packaging of tobacco

products other than a cigarette pack:

(a) must appear only once on the packaging; and

Tobacco Plain Packaging Regulations 2011

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Part 2 Requirements for retail packaging of tobacco products

Division 2.3 Trade marks or marks on retail packaging

Regulation 2.3.11

(b) must either:

(i) be included on an adhesive label fastened firmly to the packaging so

as not to be easily removable; or

(ii) be printed on the packaging; and

must be printed:

(i) in normal weighted regular font; and

(ii) in black, white or grey; and

(d) to the extent that the track and trace identifier is a machine-readable

code—must be printed in black, white or grey; and

(e) if subparagraph (b)(ii) applies—must be printed on a background that is the

colour known as Pantone 448C; and

(f) may appear on the surface of the packaging that bears a health warning, but

must not wholly or partly obscure the health warning.

Adhesive labels

(3) An adhesive label mentioned in subparagraph (2)(b)(i) must:

(a) be transparent and not coloured; or

(b) be the colour known as Pantone 448C.

(4) For the purposes of subparagraph (2)(b)(i), an adhesive label is easily removable

if:

(a) the adhesive label is not likely to stay fastened during the expected life of

the packaging; or

(b) the adhesive label can be removed without damaging the label or the

packaging.

2.3.11 Secondary packaging track and trace identifiers

Cigarette cartons

(1) A secondary packaging track and trace identifier on a cigarette carton must:

(a) appear only once on the cigarette carton; and

(b) appear only on a single side outer surface of the carton that does not bear a

health warning; and

(i) be included on an adhesive label fastened firmly to the packaging so

as not to be easily removable; or

(ii) be printed on the packaging; and

(d) to the extent that the track and trace identifier is an alphanumeric code—be

printed:

(i) in normal weighted regular font; and

(ii) in black, white or grey; and

(e) to the extent that the track and trace identifier is a machine-readable

code—be printed in black, white or grey; and

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for retail packaging of tobacco products Part 2

Trade marks or marks on retail packaging Division 2.3

Regulation 2.3.11

(f) be printed on a background that is the colour known as Pantone 448C.

Retail packaging of tobacco products other than cigarette cartons

(2) A secondary packaging track and trace identifier on secondary packaging of

tobacco products other than a cigarette carton:

(a) must appear only once on the packaging; and

(b) must either:

(i) be included on an adhesive label fastened firmly to the packaging so

as not to be easily removable; or

(ii) be printed on the packaging; and

must be printed:

(i) in normal weighted regular font; and

(ii) in black, white or grey; and

(d) to the extent that the track and trace identifier is a machine-readable

code—must be printed in black, white or grey; and

(e) if subparagraph (b)(ii) applies—must be printed on a background that is the

colour known as Pantone 448C; and

(f) may appear on the surface of the packaging that bears a health warning, but

must not wholly or partly obscure the health warning.

Adhesive labels

(3) An adhesive label mentioned in subparagraph (1)(c)(i) or (2)(b)(i) must:

(a) be transparent and not coloured; or

(b) be the colour known as Pantone 448C.

(4) For the purposes of subparagraphs (1)(c)(i) and (2)(b)(i), an adhesive label is

easily removable if:

(a) the adhesive label is not likely to stay fastened during the expected life of

the packaging; or

(b) the adhesive label can be removed without damaging the label or the

packaging.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Part 2 Requirements for retail packaging of tobacco products

Division 2.4 Brand, business, company and variant names

Regulation 2.4.1

Division 2.4—Brand, business, company and variant names

2.4.1 Appearance of names on retail packaging of cigarettes

Any brand, business or company name, or any variant name, appearing on

cigarette packs or cigarette cartons must be printed:

(a) in the typeface known as Lucida Sans; and

(b) for a brand, business or company name—no larger than 14 points in size;

and

(d) with the first letter in each word capitalised and with no other upper case

letters; and

(e) in a normal weighted regular font; and

(f) in the colour known as Pantone Cool Gray 2C.

Note: Subsections 21(2) and (3) of the Act set out additional requirements for the appearance

of brand, business, company, and variant, names on cigarette packs and cigarette

cartons.

2.4.2 Appearance of names on other retail packaging

(1) This regulation applies to retail packaging of tobacco products other than:

(a) retail packaging of cigarettes; and

(b) a plastic or other wrapper that covers primary packaging, secondary

packaging or a tobacco product that is for retail sale.

(2) Any brand, business or company name, or any variant name, appearing on the

retail packaging, must be printed on the packaging, or on an adhesive label fixed

to the packaging in accordance with subregulation (3), in accordance with the

following requirements:

(a) in the typeface known as Lucida Sans;

(b) for a brand, business or company name—no larger than 14 points in size;

(d) with the first letter in each word capitalised and with no other upper case

letters;

(e) in normal weighted regular font;

(f) in the colour known as Pantone Cool Gray 2C.

(3) For subregulation (2), the adhesive label:

(a) must be in the colour known as Pantone 448C; and

(b) must be no larger than reasonably necessary to print the brand, business or

company name, and any variant name, in the typeface and size mentioned

in paragraphs (2)(a) to (c); and

removable; and

(d) must not obscure any relevant legislative requirement.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for retail packaging of tobacco products Part 2

Brand, business, company and variant names Division 2.4

Regulation 2.4.3

(4) For paragraph (3)(c), an adhesive label is easily removable if:

(a) it is not likely to stay fastened during the expected life of the retail

packaging; or

(b) it can be removed without damaging the label or the retail packaging.

2.4.3 Location of names on cigar tubes

(1) Any brand, business or company name, or any variant name, appearing on a

cigar tube:

(a) must not obscure any relevant legislative requirement; and

(b) must appear only once on the cigar tube; and

(2) The orientation of the names must appear as follows:

(a) if the cigar tube contains a brand, business or company name but no variant

name—the name must appear in the same orientation as, and immediately

below, the health warnings on the surface;

(b) if the cigar tube contains a variant name only—the variant name must

appear in the same orientation as, and immediately below, the health

warnings on the surface;

company name:

(i) the brand, business or company name must appear in the same

orientation as, and immediately below, the health warnings on the

surface; and

(ii) the variant name must appear parallel to, in the same orientation as,

and immediately below the brand, business or company name.

2.4.4 Location of names on other retail packaging

(1) This regulation applies to retail packaging of tobacco products other than

cigarette packs, cigarette cartons and cigar tubes.

Note: The location of names on cigarette packs and cigarette cartons is set out in section 21 of

the Act.

(2) Any brand, business or company name, or any variant name, appearing on the

retail packaging:

(a) must not obscure any relevant legislative requirement; and

(b) must appear across one line only; and

surface or back outer surface by the Competition and Consumer (Tobacco)

Information Standard 2011; and

(d) may appear only on the surfaces mentioned in paragraph (c); and

(e) must appear in the same orientation as, and not above, the health warnings

on the surface; and

(f) for a variant name—must appear parallel to, in the same orientation as and

immediately below the brand, business or company name.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Part 2 Requirements for retail packaging of tobacco products

Division 2.5 Wrappers

Regulation 2.5.1

Division 2.5—Wrappers

2.5.1 Mark on wrapper to conceal bar codes

A plastic or other wrapper covering more than one item of primary packaging

may be marked with a solid black rectangle to conceal the bar code on each item

of primary packaging covered by the wrapper.

2.5.2 Tear strips on wrappers

(1) A plastic or other wrapper that covers primary packaging or secondary

packaging, or that covers a tobacco product for retail sale, may include one tear

strip.

(2) The tear strip must:

(a) be either:

(i) entirely black; or

(ii) entirely transparent and not coloured; and

(b) form a single continuous straight line of constant width, not wider than

3 mm, around the circumference of the primary packaging or secondary

packaging covered by the wrapper.

(3) However, a transparent and not coloured tear strip may include a single solid

black line not more than 15 mm long indicating where the tear strip begins.

(4) A tear strip on a plastic or other wrapper that covers one cigarette pack must be

parallel, and as close as possible, to the bottom edge of the flip-top lid.

(5) A tear strip on a plastic or other wrapper that covers a cigarette carton or more

than one cigarette pack must be parallel to any straight edge of the cigarette

carton or cigarette packs.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for retail packaging of tobacco products Part 2

Inserts and onserts Division 2.6

Regulation 2.6.1

Division 2.6—Inserts and onserts

2.6.1 Adhesive label health warnings

Retail packaging of tobacco products may include an adhesive label bearing a

health warning that complies with either of the following:

(a) the Trade Practices (Consumer Product Information Standards) (Tobacco)

Regulations 2004 (before 1 December 2012);

(b) the Competition and Consumer (Tobacco) Information Standard 2011.

2.6.2 Inserts to avoid damage to tobacco products

(1) Retail packaging of tobacco products, other than cigarette packs or cigarette

cartons, may include an insert if the insert is used to avoid damage to the tobacco

product during transportation or storage.

(2) The insert must be either:

(a) white; or

(b) the colour of the packaging material in its natural state.

Note: A lining in the retail packaging of a tobacco product, other than a cigarette pack, is an

insert.

2.6.3 Tabs for resealing tobacco products

(1) Primary packaging of tobacco products, other than cigarette packs, may include a

tab for resealing the packaging.

(2) The tab must be entirely:

(a) black; or

(b) transparent and not coloured; or

(3) The tab must not obscure any relevant legislative requirement.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Part 3 Requirements for appearance of tobacco products

Division 3.1 Appearance of cigarettes

Regulation 3.1.1

Part 3—Requirements for appearance of tobacco products

Division 3.1—Appearance of cigarettes

3.1.1 Paper casing for cigarettes

(1) The paper casing, and lowered permeability band (if any), of cigarettes must be:

(a) white; or

(b) white with an imitation cork tip.

(2) In this regulation:

lowered permeability band means a concentric band of paper or other material

that is included in, or applied to, cigarette paper in order to inhibit the burning of

the cigarette.

3.1.2 Alphanumeric code on cigarettes

(1) A cigarette may be marked with an alphanumeric code.

(2) The alphanumeric code must:

(a) appear only once on the cigarette; and

(b) be printed:

(i) parallel to, and not more than 38 mm from, the end of the cigarette

that is not designed to be lit; and

(ii) in the typeface known as Lucida Sans; and

(iii) no larger than 8 points in size; and

(iv) in normal weighted regular font; and

(v) in black.

(3) The alphanumeric code must not:

(a) constitute tobacco advertising and promotion; or

(b) provide access to tobacco advertising and promotion; or

about the cigarette’s characteristics, health effects, hazards or emissions; or

(d) directly or indirectly create a false impression that a particular tobacco

product is less harmful than other tobacco products; or

(e) represent, or be linked or related in any way to, the emission yields of the

cigarette, such as tar, nicotine or carbon monoxide; or

(f) represent, or be related in any way to, the brand or variant name of the

cigarette.

3.1.3 Colour of filter tip of cigarettes

If a cigarette includes a filter tip, the filter tip must be white.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Requirements for appearance of tobacco products Part 3

Appearance of other tobacco products Division 3.2

Regulation 3.2.1

Division 3.2—Appearance of other tobacco products

3.2.1 Appearance of cigars

(1) A single band may appear around the circumference of a cigar if it is the colour

known as Pantone 448C and it complies with this regulation.

(2) The band may be an adhesive band:

(a) that completely covers another band or bands; and

(b) that is fastened firmly to, and not easily removable from, the band or bands

it covers.

(3) The following marks may appear on the band:

(a) the brand, company or business name and variant name of the cigar in

accordance with subregulations (5) and (6);

(b) the name of the country in which the cigar was made or produced in

accordance with subregulation (5);

(4) The band may also contain a covert mark:

(a) that is not visible to the naked eye; and

(b) that does not provide access to tobacco advertising and promotion.

(5) The marks mentioned in subregulation (3) must:

(a) appear only once on the band; and

(b) be printed:

(i) in the typeface known as Lucida Sans; and

(ii) no larger than 10 points in size; and

(iii) in normal weighted regular font; and

(iv) in the colour known as Pantone Cool Gray 2C.

(6) The brand, business or company name and variant name must be placed

horizontally along the length of the band so that they run around the

circumference of the cigar.

(7) The alphanumeric code must not:

(a) constitute tobacco advertising and promotion; or

(b) provide access to tobacco advertising and promotion; or

about the cigar’s characteristics, health effects, hazards or emissions; or

(d) directly or indirectly create a false impression that a particular tobacco

product is less harmful than other tobacco products; or

(e) represent, or be linked or related in any way to, the emission yields of the

cigar, such as tar, nicotine or carbon monoxide.

(8) To avoid doubt, if a band (a non-compliant band) is completely covered by an

adhesive band that complies with subregulation (2) so that the non-compliant

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Part 3 Requirements for appearance of tobacco products

Division 3.2 Appearance of other tobacco products

Regulation 3.2.2

band is not visible on the cigar, the requirements for bands in this regulation do

not apply to the non-compliant band.

3.2.2 Threads on bidis

A bidi may include a single black thread around the circumference of the bidi.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Endnotes

Endnote 1—About the endnotes

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or

will amend) the compiled law. The information includes commencement details for amending

laws and details of any application, saving or transitional provisions that are not included in

this compilation.

The amendment history in endnote 4 provides information about amendments at the provision

(generally section or equivalent) level. It also includes information about any provision of the

compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

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 changes must not change the effect of the law. Editorial changes take effect

from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the

changes in general terms. Full details of any changes can be obtained from the Office of

Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the

amendment to be made. If, despite the misdescription, the amendment can be given effect as

intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”

added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not

incorp)” is added to the details of the amendment included in the amendment history.

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Endnotes

Endnote 2—Abbreviation key

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)C[x] = Compilation No. x

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

commenced or to be commencedNo. = Number(s)

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Number and year FRLI registration Commencement Application, saving

and transitional

provisions

263, 2011 12 Dec 2011 (F2011L02644) 1 Oct 2012 (r 1.1.2)

29, 2012 13 Mar 2012 (F2012L00563) 1 Oct 2012 (s 2) —

225, 2013 7 Aug 2013 (F2013L01527) Sch 1 (item 1): 8 Aug 2013 (s —

Name Registration Commencement Application, saving

and transitional

provisions

Tobacco Plain Packaging 7 Dec 2018 (F2018L01706) 8 Dec 2018 (s 2(1) item 1) —

Amendment (Track and Trace

Identifiers) Regulations 2018

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Authorised Version F2018C00935 registered 19/12/2018

Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Part 1

r 1.1.2 ............................................ rep LA s 48D

r 1.1.3 ............................................ am No 29, 2012; F2018L01706

r 1.1.5 ............................................ am No 225, 2013

r 1.1.6 ............................................ rep No 29, 2012

Part 2

Division 2.1

r 2.1.3 ............................................ am No 29, 2012

r 2.1.4 ............................................ ad No 29, 2012

r 2.1.5 ............................................ ad No 29, 2012

r 2.1.6 ............................................ ad No 29, 2012

Division 2.2

r 2.2.1 ............................................ am No 29, 2012

Division 2.3

r 2.3.1 ............................................ am F2018L01706

r 2.3.4 ............................................ am No 29, 2012

r 2.3.5 ............................................ am No 29, 2012

r 2.3.9 ............................................ am No 29, 2012

r 2.3.10 .......................................... ad F2018L01706

r 2.3.11 .......................................... ad F2018L01706

Division 2.4

r 2.4.2 ............................................ ad No 29, 2012

r 2.4.3 ............................................ ad No 29, 2012

r 2.4.4 ............................................ ad No 29, 2012

Division 2.6

Division 2.6 ................................... ad No 29, 2012

r 2.6.1 ............................................ ad No 29, 2012

r 2.6.2 ............................................ ad No 29, 2012

r 2.6.3 ............................................ ad No 29, 2012

Part 3

Division 3.2

Division 3.2 ................................... ad No 29, 2012

r 3.2.1 ............................................ ad No 29, 2012

r 3.2.2 ............................................ ad No 29, 2012

Tobacco Plain Packaging Regulations 2011

Compilation No. 3 Compilation date: 8/12/18 Registered: 19/12/18

Tobacco Plain Packaging Regulations of 2011 (consolidated as of December 8, 2018), Australia

Available Materials