Part 5Regulations, enforcement, and other matters
Regulations
83Regulations for standardised packaging (including messages and information)
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
- prescribing for the purposes of section 50(1)(a) requirements, or options permitted, for all or any aspects of the appearance of a regulated product:
- prescribing for the purposes of sections 50(1)(b)(ii) and 53(1)(c) the quantity or quantities in which a regulated product must be packaged:
- prescribing for the purposes of section 52—
- the form, size, and content of messages and information to be displayed with, on, or in the package for a regulated product:
- the photographs and pictures to be displayed as part of or in addition to messages about effects relating to a regulated product:
- the circumstances and manner in which the messages, information, photographs, and pictures must be displayed:
- the constituents in a smoked tobacco product or its emissions that must be listed:
- the form, size, and content of messages and information to be displayed with, on, or in the package for a regulated product:
- prescribing for the purposes of section 50(2)(b) requirements, or options permitted, for the display of the brand or company name on the package for a regulated product, including the circumstances and manner in which the name is to be displayed:
- prescribing for the purposes of section 50(2)(c) requirements, or options permitted, for all or any other aspects of the appearance of the package for a regulated product.
Regulations under subsection (1)(a) or (e) may (without limitation) do all or any of the following:
- require a regulated product, or the package for a regulated product, to be a prescribed size and shape:
- prohibit a regulated product, or the package for a regulated product, from displaying any words or other marks unless they are permitted by section 50(2)(b) or the regulations:
- specify types of words or other marks that are permitted to be displayed on a regulated product or the package for a regulated product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages):
- specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and position of the words or marks):
- prohibit any type of feature from forming part of a regulated product or its package (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell).
Regulations under subsection (1)(b)—
- may, for example, prescribe the number of cigarettes or the weight of loose regulated product that must be contained in a package; but
- must not prescribe a quantity that does not comply with section 50(2).
Regulations under subsection (1) may (without limitation) prescribe—
- requirements or options for all parts of a product or a package (for example, that all surfaces of a package must be a consistent drab brown colour with a matt finish):
- separate requirements or options for different parts of a product or a package (for example, that any plastic or other wrapping must be consistently transparent, uncoloured, and unmarked):
- separate requirements or options for—
- different classes of regulated product:
- the packages for different classes of regulated product.
- different classes of regulated product:
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
In this section, appearance includes—
- anything that may affect a person's senses; and
- any aspect of design, such as shape, size, colour, texture, or material.
Notes
- Section 83: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
- Section 83(1)(c)(iv): inserted, on , by section 43 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
- Section 83(4A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).