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If a provision of the compiled law has been repealed in accordance with a provision of the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.
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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
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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
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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;
(c) retail packaging;
(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.
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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.
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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
(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 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.
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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.
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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.
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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
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.
(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
(c) provide access to tobacco advertising and promotion.
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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
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:
(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.
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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
(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.
(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.
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Requirements for retail packaging of tobacco products Part 2
Trade marks or marks on retail packaging Division 2.3
Regulation 2.3.6
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;
(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:
(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.
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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
(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.
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 2.3.10
(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
(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.
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
(c) 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
(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
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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
(c) to the extent that the track and trace identifier is an alphanumeric code—
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
(c) 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
(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
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Requirements for retail packaging of tobacco products Part 2
Trade marks or marks on retail packaging Division 2.3
Regulation 2.3.11
(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
(c) to the extent that the track and trace identifier is an alphanumeric code—
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.
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Part 2 Requirements for retail packaging of tobacco products
Division 2.4 Brand, business, company and variant names
Regulation 2.4.1
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
(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;
(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.
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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
(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;
(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.
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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.
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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
(c) the colour known as Pantone 448C.
(3) The tab must not obscure any relevant legislative requirement.
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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
(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.
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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);
(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.
(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
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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.
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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.
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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)
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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 —
2)
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
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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
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