Prepared by the Office of Parliamentary Counsel, Canberra
Tobacco Plain Packaging
Regulations 2011
Select Legislative Instrument No. 263, 2011 as amended
made under the
Tobacco Plain Packaging Act 2011
Compilation start date: 8 August 2013
Includes amendments up to: SLI No. 225, 2013
Federal Register of Legislative Instruments F2013C00801
About this compilation
This compilation
This is a compilation of the Tobacco Plain Packaging Regulations 2011 as in
force on 8 August 2013. It includes any commenced amendment affecting the
legislation to that date.
This compilation was prepared on 16 September 2013.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.
Federal Register of Legislative Instruments F2013C00801
Tobacco Plain Packaging Regulations 2011 i
Contents
Part 1—Preliminary 1 1.1.1 Name of Regulations .........................................................................1
1.1.2 Commencement.................................................................................1
1.1.3 Definitions.........................................................................................1
1.1.4 Purpose..............................................................................................2
1.1.5 Exemption from Trans-Tasman Mutual Recognition Act
1997...................................................................................................3
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.................................................4
2.1.3 Physical features of lining of primary packaging of tobacco
products .............................................................................................4
2.1.4 Physical features of cigar tubes .........................................................4
2.1.5 Physical features of other primary packaging....................................5
2.1.6 Windows in packaging prohibited .....................................................5
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................................................................................8
2.3.4 Measurement mark and trade description ..........................................8
2.3.5 Bar code.............................................................................................9
2.3.6 Fire risk statement ...........................................................................10
2.3.7 Locally made product statement ......................................................11
2.3.8 Marking of name and address on packaging....................................12
2.3.9 Consumer contact telephone number...............................................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 ...................................16
Division 2.5—Wrappers 17
2.5.1 Mark on wrapper to conceal bar codes ............................................17
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ii Tobacco Plain Packaging Regulations 2011
2.5.2 Tear strips on wrappers....................................................................17
Division 2.6—Inserts and onserts 18
2.6.1 Adhesive label health warnings .......................................................18
2.6.2 Inserts to avoid damage to tobacco products ...................................18
2.6.3 Tabs for resealing tobacco products ................................................18
Part 3—Requirements for appearance of tobacco products 19
Division 3.1—Appearance of cigarettes 19
3.1.1 Paper casing for cigarettes ...............................................................19
3.1.2 Alphanumeric code on cigarettes.....................................................19
3.1.3 Colour of filter tip of cigarettes .......................................................20
Division 3.2—Appearance of other tobacco products 21
3.2.1 Appearance of cigars .......................................................................21
3.2.2 Threads on bidis ..............................................................................22
Endnotes 23
Endnote 1—About the endnotes 23
Endnote 2—Abbreviation key 25
Endnote 3—Legislation history 26
Endnote 4—Amendment history 27
Endnote 5—Uncommenced amendments [none] 29
Endnote 6—Modifications [none] 29
Endnote 7—Misdescribed amendments [none] 29
Endnote 8—Miscellaneous [none] 29
Federal Register of Legislative Instruments F2013C00801
Preliminary Part 1
Regulation 1.1.1
Tobacco Plain Packaging Regulations 2011 1
Part 1—Preliminary
1.1.1 Name of Regulations
These Regulations are the Tobacco Plain Packaging
Regulations 2011.
1.1.2 Commencement
These Regulations commence on the commencement of
sections 17 to 27A of the Tobacco Plain Packaging Act 2011.
1.1.3 Definitions
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).
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.
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Part 1 Preliminary
Regulation 1.1.4
2 Tobacco Plain Packaging Regulations 2011
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.
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.
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.
Note: Several other words and expressions used in these Regulations have
the meaning given by subsection 4 (1) of the Act, for example:
cigarette carton
cigarette pack
filter tip
fire risk statement
health warning
imitation cork tip
measurement mark
relevant legislative requirement
retail packaging
tobacco advertising and promotion
tobacco product
trade description
variant name.
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.
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Requirements for retail packaging of tobacco products Part 2
Physical features of retail packaging Division 2.1
Regulation 1.1.5
Tobacco Plain Packaging Regulations 2011 3
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.
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
(c) depth—less than 20 mm or more than 42 mm.
(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
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Part 2 Requirements for retail packaging of tobacco products
Division 2.1 Physical features of retail packaging
Regulation 2.1.2
4 Tobacco Plain Packaging Regulations 2011
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
(c) of uniform size.
(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
(c) constitute tobacco advertising and promotion.
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.
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Requirements for retail packaging of tobacco products Part 2
Colour and finish of retail packaging Division 2.2
Regulation 2.1.5
Tobacco Plain Packaging Regulations 2011 5
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.
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.
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Part 2 Requirements for retail packaging of tobacco products
Division 2.3 Trade marks or marks on retail packaging
Regulation 2.3.1
6 Tobacco Plain Packaging Regulations 2011
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.
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;
(c) a measurement mark and trade description in accordance
with 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.
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Requirements for retail packaging of tobacco products Part 2
Trade marks or marks on retail packaging Division 2.3
Regulation 2.3.2
Tobacco Plain Packaging Regulations 2011 7
(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), (3)
or (4) must not:
(a) obscure any relevant legislative requirement; or
(b) constitute tobacco advertising and promotion; or
(c) provide access to tobacco advertising and promotion.
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
(c) be printed:
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Part 2 Requirements for retail packaging of tobacco products
Division 2.3 Trade marks or marks on retail packaging
Regulation 2.3.3
8 Tobacco Plain Packaging Regulations 2011
(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
(c) for any other measurement mark or trade description—no
larger than 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.
(3) For a cigarette pack or cigarette carton:
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Requirements for retail packaging of tobacco products Part 2
Trade marks or marks on retail packaging Division 2.3
Regulation 2.3.5
Tobacco Plain Packaging Regulations 2011 9
(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
(c) the trade description 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.
(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
(c) the trade description must appear only once on the
packaging.
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
(c) be printed in either:
(i) black and white; or
(ii) the colour known as Pantone 448C and white; and
(d) be rectangular in shape.
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Part 2 Requirements for retail packaging of tobacco products
Division 2.3 Trade marks or marks on retail packaging
Regulation 2.3.6
10 Tobacco Plain Packaging Regulations 2011
(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.
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;
(c) for a cigarette carton—the statement must be placed on the
back outer 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:
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Requirements for retail packaging of tobacco products Part 2
Trade marks or marks on retail packaging Division 2.3
Regulation 2.3.7
Tobacco Plain Packaging Regulations 2011 11
(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
(c) an information standard made under section 134, or declared
under 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;
(c) that components of the product are imported;
but must not otherwise describe the product or the components of
the product.
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
(c) be printed:
(i) in the typeface known as Lucida Sans; and
(ii) no larger than 10 points in size; and
Federal Register of Legislative Instruments F2013C00801
Part 2 Requirements for retail packaging of tobacco products
Division 2.3 Trade marks or marks on retail packaging
Regulation 2.3.8
12 Tobacco Plain Packaging Regulations 2011
(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
(c) be printed:
(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:
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Requirements for retail packaging of tobacco products Part 2
Trade marks or marks on retail packaging Division 2.3
Regulation 2.3.9
Tobacco Plain Packaging Regulations 2011 13
(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
(c) must not:
(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.
Federal Register of Legislative Instruments F2013C00801
Part 2 Requirements for retail packaging of tobacco products
Division 2.4 Brand, business, company and variant names
Regulation 2.4.1
14 Tobacco Plain Packaging Regulations 2011
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
(c) for a variant name—no larger than 10 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;
(c) for a variant name—no larger than 10 points in size;
Federal Register of Legislative Instruments F2013C00801
Requirements for retail packaging of tobacco products Part 2
Brand, business, company and variant names Division 2.4
Regulation 2.4.3
Tobacco Plain Packaging Regulations 2011 15
(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
(c) must be fastened firmly to the retail packaging so as not to be
easily removable; and
(d) must not obscure any relevant legislative requirement.
(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
(c) must appear across one line only.
(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;
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Part 2 Requirements for retail packaging of tobacco products
Division 2.4 Brand, business, company and variant names
Regulation 2.4.4
16 Tobacco Plain Packaging Regulations 2011
(c) if the cigar tube contains a variant name and the brand,
business or 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
(c) must not appear more than once on each surface identified as
a front outer 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.
Federal Register of Legislative Instruments F2013C00801
Requirements for retail packaging of tobacco products Part 2
Wrappers Division 2.5
Regulation 2.5.1
Tobacco Plain Packaging Regulations 2011 17
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.
Federal Register of Legislative Instruments F2013C00801
Part 2 Requirements for retail packaging of tobacco products
Division 2.6 Inserts and onserts
Regulation 2.6.1
18 Tobacco Plain Packaging Regulations 2011
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
(c) the colour known as Pantone 448C.
(3) The tab must not obscure any relevant legislative requirement.
Federal Register of Legislative Instruments F2013C00801
Requirements for appearance of tobacco products Part 3
Appearance of cigarettes Division 3.1
Regulation 3.1.1
Tobacco Plain Packaging Regulations 2011 19
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
Federal Register of Legislative Instruments F2013C00801
Part 3 Requirements for appearance of tobacco products
Division 3.1 Appearance of cigarettes
Regulation 3.1.3
20 Tobacco Plain Packaging Regulations 2011
(c) be false, misleading, deceptive or likely to create an
erroneous impression 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.
Federal Register of Legislative Instruments F2013C00801
Requirements for appearance of tobacco products Part 3
Appearance of other tobacco products Division 3.2
Regulation 3.2.1
Tobacco Plain Packaging Regulations 2011 21
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);
(c) an alphanumeric code in accordance with subregulations (5)
and (7).
(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.
Federal Register of Legislative Instruments F2013C00801
Part 3 Requirements for appearance of tobacco products
Division 3.2 Appearance of other tobacco products
Regulation 3.2.2
22 Tobacco Plain Packaging Regulations 2011
(7) The alphanumeric code must not:
(a) constitute tobacco advertising and promotion; or
(b) provide access to tobacco advertising and promotion; or
(c) be false, misleading, deceptive or likely to create an
erroneous impression 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 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.
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 1—About the endnotes
Tobacco Plain Packaging Regulations 2011 23
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will
appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote 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 the compiled law. The information includes commencement
information for amending laws and details of 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 level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law, but the text of the amendments is included in endnote 5.
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 1—About the endnotes
24 Tobacco Plain Packaging Regulations 2011
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader
of the compilation.
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 2—Abbreviation key
Tobacco Plain Packaging Regulations 2011 25
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 3—Legislation history
26 Tobacco Plain Packaging Regulations 2011
Endnote 3—Legislation history
Number and year FRLI registration Commencement Application, saving
and transitional
provisions
2011 No. 263 12 Dec 2011 (see
F2011L02644)
1 Oct 2012 (see r. 2)
2012 No. 29 13 Mar 2012 (see
F2012L00563)
1 Oct 2012 (see s. 2) —
225, 2013 7 Aug 2013 (see
F2013L01527)
Sch 1 (item 1): 8 Aug
2013
—
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 4—Amendment history
Tobacco Plain Packaging Regulations 2011 27
Endnote 4—Amendment history
Provision affected How affected
Part 1
r. 1.1.3............................................am. 2012 No. 29
Note 1 to r 1.1.5 .............................ad No 225, 2013
Note 2 to r 1.1.5 .............................ad No 225, 2013
r. 1.1.6............................................rep. 2012 No. 29
Part 2
Division 2.1
Heading to r. 2.1.3 .........................rs. 2012 No. 29
r. 2.1.3............................................am. 2012 No. 29
r. 2.1.4............................................ad. 2012 No. 29
r. 2.1.5............................................ad. 2012 No. 29
r. 2.1.6............................................ad. 2012 No. 29
Division 2.2
r. 2.2.1............................................am. 2012 No. 29
Note to r. 2.2.1 ...............................rep. 2012 No. 29
Division 2.3
r. 2.3.4............................................am. 2012 No. 29
r. 2.3.5............................................am. 2012 No. 29
r. 2.3.9............................................am. 2012 No. 29
Division 2.4
r. 2.4.2............................................ad. 2012 No. 29
r. 2.4.3............................................ad. 2012 No. 29
r. 2.4.4............................................ad. 2012 No. 29
Division 2.6
Div. 2.6 of Part 2............................ad. 2012 No. 29
r. 2.6.1............................................ad. 2012 No. 29
r. 2.6.2............................................ad. 2012 No. 29
r. 2.6.3............................................ad. 2012 No. 29
Part 3
Division 3.2
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 4—Amendment history
28 Tobacco Plain Packaging Regulations 2011
Provision affected How affected
Div. 3.2 of Part 3............................ad. 2012 No. 29
r. 3.2.1............................................ad. 2012 No. 29
r. 3.2.2............................................ad. 2012 No. 29
Federal Register of Legislative Instruments F2013C00801
Endnotes
Endnote 5—Uncommenced amendments [none]
Tobacco Plain Packaging Regulations 2011 29
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
Federal Register of Legislative Instruments F2013C00801