(2)  The right to observe the execution of the warrant ceases if the occupier or other person impedes that execution. •      Offences and civil penalties in Chapter 3 apply in certain circumstances if retail packaging or tobacco products do not comply with the requirements. (d)     supply tobacco products that are not packaged for retail sale without certain contractual prohibitions. (f)  to revoke the registration of the trade mark. 27  Regulations may prescribe additional requirements. Penalty for contravention of this subsection:        30 penalty units. (d)  if the relevant person supplies or purchases the tobacco product, or offers to supply the tobacco product: (ii)  the relevant person does not purchase the product in the course of a retail sale; or. (2)  To avoid doubt, for the purposes of paragraph 42(b) of the Trade Marks Act 1995, this Act does not have the effect that the use of a trade mark in relation to tobacco products would be contrary to law. Note 2:       See subsection 4(2) for an extended meaning of offer. a tobacco product for sale has a meaning affected by subsection (2) of this section. (5)  An authorised officer to whom information or answers are verified or given may administer the oath or affirmation. health warning means any message, information, graphic or other thing that is required to appear on the retail packaging of tobacco products by: (a)  the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004; 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 the health effects of smoking or using tobacco products; or. (b)  may take into account the following: (i)  whether a court has previously imposed a penalty on the person for a contravention of an offence or civil penalty provision in this Act; (ii)  the circumstances of the alleged contravention; (iii)  whether the person has paid an amount, stated in an earlier infringement notice, for an offence that is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the offence in the relevant infringement notice; (iv)  any other matter the Secretary considers relevant. 101  Matters to be included in an infringement notice, (a)  be identified by a unique number; and, (b)  state the day on which it is given; and, (c)  state the name of the person to whom the notice is given; and, (d)  state the name of the person who gave the notice; and. (3)  The following are not required to be the colour mentioned in paragraph (2)(b): (i)  the brand, business or company name, or variant name (if any), for the tobacco products; and. authorised officer means a person appointed under section 81 as an authorised officer. filter tip of a cigarette means the part of the end of the cigarette that acts as a filter, or purports to act as a filter. a cigarette pack means the part of the outer surfaces of the pack that is obscured when the flip‑top lid is closed. Date of Decision. ), General offences and civil penalty provisions for non‑compliant retail packaging and tobacco products, Non‑compliant retail packaging of tobacco products, Selling or supplying tobacco products in non‑compliant retail packaging, Note 2:       See subsection 4(2) for an extended meaning of, For strict liability in relation to a physical element of an offence, see subsection 6.1(2) of the, For offences of strict liability, see subsection 6.1(1) of the. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant legislative requirement means any of the following: relevant tobacco law has the meaning given by section 11. retail packaging of a tobacco product means: (a)  any container for retail sale in which the tobacco product is directly placed; or, (b)  any container for retail sale that contains a smaller container in which the tobacco product is directly placed; or, (c)  any plastic or other wrapper that covers any retail packaging of the tobacco product (within the meaning of paragraph (a) or (b) of this definition); or, (d)  any plastic or other wrapper that covers the tobacco product, being a tobacco product that is for retail sale; or, (e)  any insert that is placed inside the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition); or. The following prevail to the extent of any inconsistency with this Act: (a)  the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004; (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 the health effects of smoking or using tobacco products; 11  Operation of State and Territory laws. (2)  For the purposes of Part 5 of the Regulatory Powers Act, an authorised officer is an infringement officer in relation to the offences mentioned in subsection (1). means a corporation to which paragraph 51(xx) of the Constitution applies. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. Note:          This section does not apply to wrappers (see subsection (5)). (1)  If the operation of section 73 would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person. (ii)  who has responsibilities in relation to health matters or in relation to compliance and enforcement in tobacco control matters; (d)  a member of the police force or police service of a State or Territory. (3)  The following may appear on the retail packaging of tobacco products: (a)  the brand, business or company name for the tobacco products, and any variant name for the tobacco products; (b)  the relevant legislative requirements; (c)  any other trade mark or mark permitted by the regulations. The Federal Court may not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention. It allows for the use of a brand and variant name in a standard colour, position, font size and style. •      Part 2 of this Chapter specifies requirements for the retail packaging and appearance of tobacco products. 42  Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation, (b)  the product is packaged under a contract with a constitutional corporation; and. (e)  give brief details of the alleged contravention, including: (i)  the provision that was allegedly contravened; and, (ii)  the maximum penalty that a court could impose for the contravention; and, (iii)  the time (if known) and day of, and the place of, the alleged contravention; and. (15)  However, in the case of an individual none of the following is admissible in evidence against the individual in criminal proceedings: (a)  the information given, the document produced or the answer given; (b)  giving the information, producing the document or answering the question; (c)  any information, document or thing obtained as a direct or indirect consequence of giving the information, producing the document or answering the question. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. (2)  Subsection (1) does not apply if the manufacturer took all reasonable steps to ensure that the retail packaging complied with the tobacco product requirements. (a)  the person (the manufacturer) manufactures any of the following retail packaging of tobacco products: (b)  the retail packaging is manufactured under a contract with a constitutional corporation; and, (c)  a tobacco product is packaged for retail sale in the retail packaging by a person other than the manufacturer; and, (a)  the element of the offence that the packaging is retail packaging; and, 44  Packaging tobacco products in non‑compliant retail packaging bearing identifying mark of a constitutional corporation, (b)  the trade mark, brand, business or company name, or other identifying mark, of a constitutional corporation appears on the retail packaging; and, 45  Manufacturing non‑compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation, 46  Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale, (b)  either the person or the purchaser is a constitutional corporation; and, (c)  the product is not packaged for retail sale; and. (e)  must comply with the requirements in the table in subsection (3). 34  Manufacturing non‑compliant retail packaging of tobacco products. The following are the search powers that an authorised officer may exercise in relation to premises under section 52: (a)  if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the authorised officer has reasonable grounds for suspecting may be on the premises; (b)  if entry to the premises is under a warrant: (i)  the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and. Provisions subject to an infringement notice. (See also DS435, DS441, DS458 and DS467) On 13 March 2012, Ukraine requested consultations with Australia concerning certain Australian laws and regulations that impose trademark restrictions and other plain packaging requirements on tobacco products and packaging. (d)     supply tobacco products that are not packaged for retail sale without certain contractual prohibitions. (c)  assign the trade mark to a body corporate that is about to be constituted with a view to the body corporate using the trade mark in Australia in relation to those products; if the applicant would intend to do so but for the operation of this Act. First Plain Packaging of Tobacco Legislation (Nov. 21, 2011), available at. •      Part 2 of Chapter 2 specifies requirements for the retail packaging and appearance of tobacco products. means any thing (other than a tobacco product) placed inside packaging (within the ordinary meaning of the word), but does not include the lining of a cigarette pack if the lining complies with the requirements of this Act. The withdrawal notice must state: (b)  the day the infringement notice was given; and, (c)  the identifying number of the infringement notice; and, (d)  that the infringement notice is withdrawn; and. exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, s 17–27A, 33–36, 39, 42–46, 49–80 and 83–105: 1 Oct 2012 (s 2(1) items 2, 5, 7, 9, 11, 13) s 30–32, 37, 38, 40, 41, 47 and 48: 1 Dec 2012 (s 2(1) items 4, 6, 8, 10) Remainder: 1 Dec 2011 (s 2(1) items 1, 3, 12, 14), Federal Circuit Court of Australia (Consequential Amendments) Act 2013, Sch 1 (items 551–555): 12 Apr 2013 (s 2(1) item 2), Norfolk Island Legislation Amendment Act 2015, Sch 2 (item 348): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6), Territories Legislation Amendment Act 2016, Regulatory Powers (Standardisation Reform) Act 2017, Tobacco Plain Packaging Amendment Act 2018. s 4........................................ s 7........................................ s 9........................................ s 30...................................... s 31...................................... s 32...................................... s 33...................................... s 34...................................... s 35...................................... s 36...................................... s 37...................................... s 38...................................... s 39...................................... s 40...................................... s 41...................................... s 42...................................... s 43...................................... s 44...................................... s 45...................................... s 46...................................... s 47...................................... s 48...................................... s 49...................................... s 51...................................... Part 2................................... s 52...................................... s 53...................................... s 54...................................... s 55...................................... s 56...................................... s 57...................................... s 58...................................... s 59...................................... s 60...................................... s 61...................................... s 62...................................... s 63...................................... s 64...................................... s 65...................................... s 66...................................... s 67...................................... s 68...................................... s 69...................................... s 70...................................... s 71...................................... s 72...................................... s 73...................................... s 74...................................... s 75...................................... s 76...................................... s 77...................................... s 78...................................... s 79...................................... s 80...................................... s 81...................................... s 82...................................... s 83...................................... s 84...................................... s 85...................................... s 86...................................... s 87...................................... s 88...................................... s 89...................................... s 90...................................... s 91...................................... s 92...................................... s 93...................................... s 94...................................... s 95...................................... s 96...................................... s 97...................................... s 98...................................... s 99...................................... 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