TBT BSN | Notification

Notification Detail :: G/TBT/N/AUS/156

Notification No.

Notification Type

Notifying Member

Date of Notification

Final Date for Comments

Days to Final Date

Title

Public Health (Tobacco and Other Products) Bill 2023 (199 pages, in English)Public Health (Tobacco and Other Products) Regulations 2023 (95 pages, in English)

Objective

Protection of human health or safety (TBT)

Product Covered

TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE OF NICOTINE INTO THE HUMAN BODY (HS code(s): 24)

Document Notification

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HSCODE

24 - TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE OF NICOTINE INTO THE HUMAN BODY

ICSCODE

65.160 - Tobacco, tobacco products and related equipment

Keywords

Human health

Specific Regions

Description

The proposed legislation will consolidate eight existing tobacco related laws, regulations, instruments and court decisions into a single streamlined Act of Parliament and associated regulations. The Bill contains 7 chapters that thematically present the proposed provisions:Chapter 1 sets out the preliminary matters including commencement dates, objects of the Act, definitions and key concepts.Chapter 2 provides for the regulation of tobacco and e-cigarette advertising and sponsorships. The provisions are a consolidation of the Tobacco Advertising Prohibition Act 1992 and are expanded to also apply to the advertising and promotion of e-cigarettes. The chapter includes offence and civil penalty provisions.Chapter 3 creates the regime that mandates the requirements relating to plain packaging of tobacco products. The provisions include requirements from the Tobacco Plain Packaging Act 2011 as well as proposed new requirements relating to regulation of: ingredients and product design features of tobacco products; number of units, weight or volume, and pricing of tobacco products; prohibition of terms that may imply that certain products are less harmful; and inclusion of health promotion inserts. It permits the making of regulations prescribing plain packaging requirements and conditions for the appearance, content and standards of tobacco products, including dissuasive measures that may be required to appear on tobacco products. The chapter includes a range of offences and civil penalty provisions in relation to conduct dealings with non-compliant packaging. Chapter 4 provides for permanent bans on certain regulated tobacco items. The chapter facilitates the Minister imposing a permanent ban on chewing tobacco and snuffs intended for oral use consistent with the existing ban in the Trade Practices Act 1974- Consumer Protection Notice No.10 of 1991- Permanent Ban on Goods. The chapter includes offence and civil penalty provisions.Chapter 5 provides for new reporting requirements. Reporting entities, as defined, would be required to submit reports containing information about tobacco products sold, supplied, or offered for sale or supply in Australia as well as to report on advertising, promotion and sponsorship activities and expenditure. Manufacturers will also be required to report on research and development activities.Chapter 6 contains compliance and enforcement provisions. It provides for the appointment of authorised officers and supporting monitoring and investigation powers, along with civil penalty provisions, and provision for the issuing of infringement notices, enforceable undertakings and injunctions.Chapter 7 includes miscellaneous provisions, including those in relation to delegations and the constitutional provisions.The proposed legislation and details of each chapter are further described in the Consultation Paper (health.gov.au)

Notified Document

Link to Notification

EN:File here

FR:File here

ES:File here

Status Active

No	#	Comment By	Title	Comment Date	File

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Notification Detail :: G/TBT/N/AUS/156

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