Part 5Regulations, enforcement, and other matters
Regulations
82Regulations under section 81
Regulations made under section 81(1)(8), (9), (15), (16), (17), or (18) must come into force no earlier than the day that is 6 months after the date on which they are made.
Regulations made under section 81(1)(5), (6), or (7) may (without limitation) prescribe different requirements for different classes of retailers.
Regulations under all or any of paragraphs (8), (9), (10), (15), (16), (17), and (18) of section 81(1) may (without limitation) prescribe different requirements for all or any of the following:
- different classes of people who offer regulated products for sale:
- different classes of place of business:
- different classes of points of sale:
- different circumstances of the sales for which requirements are prescribed.
Regulations under section 81(1)(13) may (without limitation)—
- apply to specified classes of regulated products or packages or all regulated products or packages:
- prescribe for different classes of people who offer regulated products for sale different acceptable forms of visible delivery of all or any regulated products and packages:
- prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, using a prescribed acceptable form of visible delivery.
Regulations under section 81(1)(14) may (without limitation) do either or both of the following:
- prescribe for different classes of people who offer regulated products for sale different ways of allowing a regulated product or package to be visible:
- prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, allowing a regulated product or package to be visible in a way prescribed.
Regulations under section 81(1)(15) may (without limitation) prescribe requirements relating to all or any of the following matters relating to signs under section 38:
- the health information or warnings to be communicated by them:
- the shape and lengths of their sides:
- the width, and other aspects of, the borders around their edges:
- the typeface or font, point size, and other aspects of the format or layout, or of the clarity, legibility, and weight, of the printing on them of the health information or warnings to be communicated by them:
- the minimum area that they must have for printing across:
- any official attribution (which may, without limitation, be or include
Ministry of Health Warning
) that they are to contain, and the way in which that attribution is to be communicated by them. Regulations under section 81(1)(16) may (without limitation) prescribe requirements relating to all or any of the following matters relating to the health information or warnings to be made visible under section 39:
- the shape, and lengths, of the sides of that information or those warnings:
- the width, and other aspects, of the borders around the edges of that information or those warnings:
- the typeface or font, point size, and other aspects of the format or layout, or of the clarity and legibility, of all or any of the text of that information or those warnings:
- the minimum area of that information or those warnings:
- any official attribution (which may, without limitation, be or include
Ministry of Health Warning
) that that information is, or that those warnings are, to contain. Regulations made under section 81(1)(22) may (without limitation)—
- require the return to—
- show the quantity of each brand, and of each variant of a brand, of regulated product sold during the previous year; and
- show the recommended price of each brand, and of each variant of a brand, of regulated product sold during the previous year; and
- show any other information about the regulated product in respect of the previous year; and
- show the quantity of each brand, and of each variant of a brand, of regulated product sold during the previous year; and
- specify different requirements for different kinds or classes of regulated product.
Notes
- Section 82: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
- Section 82(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(6): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 82(8): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).