Part 1 Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004.
2 Commencement
These Regulations commence on 1 September 2004.
3 Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations — repeal
Statutory Rules 1994 Nos. 83 and 408 are repealed.
3A Purpose
The purpose of these Regulations is to provide for a system of warnings, explanatory messages and graphic images to increase consumer knowledge of health effects relating to smoking, to encourage the cessation of smoking and to discourage uptake or relapse.
4 Application
(1) These Regulations apply to tobacco that is manufactured in Australia or imported into Australia.
(2) These Regulations do not apply to tobacco for export or cigars sold singly.
5 Interpretation
(1) In these Regulations:
bidi means a small, often flavoured, cigar wrapped in tendu leaf or the leaf of another plant.
cigar means a roll of cut tobacco for smoking, enclosed in tobacco leaf or the leaf of another plant.
cigarette means a roll of cut tobacco for smoking, enclosed in paper.
face, in relation to a retail package of which the outer surface includes 2 or more flat areas that are bounded by edges of the package, means any of those flat areas.
flip‑top pack means a retail package of the kind commonly called a flip‑top pack or hinge‑top pack.
pouch means a retail package that:
(a) is made from flexible material; and
(b) takes the form of a rectangular pocket with a flap that covers the opening.
retail package has the meaning given by regulation 6.
seal means the following, as the context requires:
(a) a decorative adhesive paper or label affixed to the surface of a package to seal the wrapper;
(b) an adhesive bond.
soft pack means a retail package of the kind commonly called a soft pack or soft cup.
tobacco includes cigarettes and cigars.
(2) For these Regulations, an opening, gap or edge that is created in a face of a retail package when the package is opened is to be disregarded.
(3) An area of a surface that bears decorative ridges, embossing, bulges or other irregularities, but is otherwise flat, is taken to be a flat area for these Regulations.
(4) For these Regulations:
(a) a soft pack is taken to be a solid that has all its faces rectangular and that has edges equal in length to the edges of the smallest rectangular cavity inside which the pack would fit if it is not compressed; and
(b) a face that has rounded corners but is otherwise square or rectangular is taken to be square or rectangular, as the case requires.
(5) For these Regulations, the surface area of a retail package is the area that would be covered by the outer layer of the package if it were opened out and pressed flat.
(6) A reference in these Regulations to a cylindrical package includes a package that is, in one plane, elliptical, rather than circular, in cross‑section.
(7) For these Regulations, a message that is printed on an adhesive label attached to a retail package in accordance with regulation 16 or 30 is taken to be printed on the package to which the label is attached.
6 Retail package
(1) A retail package is a package in which tobacco is sold at retail.
Note Under the definition of tobacco in subregulation 5 (1), tobacco includes cigarettes and cigars.
(2) If:
(a) one or more packages are contained inside a larger package; or
(b) 2 or more packages are combined to form a larger package;
and the whole is offered for retail sale as one unit:
(c) the larger package is a retail package; and
(d) each smaller package is a retail package.
Example
Packets of cigarettes in a carton.
(3) However:
(a) a display case that is not sold with the tobacco displayed in it is not a retail package; and
(b) a wrapper on, or a container containing, a single cigar is not a retail package; and
(c) if:
(i) a retail package is normally sold wrapped in a wrapper (including, but not limited to, a transparent wrapper) that is normally removed from the package when the package is opened; and
(ii) the wrapper is not a larger package described in subregulation (2);
the wrapper is not part of the retail package.
Part 2 Labelling of retail packages
7 Labelling of retail packages
(1) A retail package manufactured in Australia, or imported into Australia, on or after the commencement of this regulation, and before 1 March 2006, must be labelled in accordance with Part 3 or 4.
(2) A retail package (other than a larger package that complies with regulation 7A) manufactured in Australia, or imported into Australia, on or after 1 March 2006 must be labelled in accordance with Part 4.
Note Under subsection 65D (2) of the Trade Practices Act 1974 (the Act), regulations may prescribe a consumer product information standard for goods of a particular kind. Under subsection 65D (1) of the Act, a corporation must not supply goods of that kind unless the corporation has complied with the standard in relation to the goods.
Under section 75AZT of the Act, a corporation is guilty of an offence if the corporation supplies goods in respect of which a consumer product information standard has been prescribed by regulations made for the purpose of subsection 65D (2), and the corporation has not complied with the standard in relation to the goods.
7A Fully transparent larger packages — ‘front and back’
(1) A larger package complies with this regulation if:
(a) the wrapper comprising the larger package is totally transparent; and
(b) the smaller packages contained within the larger package are:
(i) all the same kind of package; and
(ii) arranged so that:
(A) only the front face of a smaller package or packages is visible at one side of the larger package, and only the back face of a smaller package or packages is visible at the opposite side; or
(B) only the front face of a smaller package or packages is visible at one end of the larger package, and only the back face of a smaller package or packages is visible at the opposite end.
Note 1 A larger package that complies with regulation 7A is exempt from the labelling requirements in Parts 3 and 4 — see subregulation 7 (2).
Note 2 Subparagraph (b) (ii) permits the smaller packages mentioned in that provision to be arranged in ‘ranks’ or in ‘files’.
(2) A larger package does not fail to comply with subregulation (1) by reason only that it bears any of the following markings:
(a) bar coding;
(b) labelling information required by a law of a State or Territory;
(c) calibration marks to assist the operation of an automatic packaging machine.
Part 3 Labelling — retail packages manufactured or imported before 1 March 2006
Division 1 General
8 Definitions for Part 3
In this Part:
corresponding explanatory message, for a warning message, means the explanatory message that appears in the same item of Part 1.1 of Schedule 1 as the warning message.
explanatory message means a message set out in column 3 of Part 1.1 of Schedule 1.
warning message means a message set out in column 2 of Part 1.1 of Schedule 1.
Note This Part sets out the rules that were set out in Part 3 of the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations that are repealed by regulation 3.
9 Retail package must bear warning message and, in certain cases, explanatory message
Subject to this Division, a retail package of tobacco must bear:
(a) a warning message and the corresponding explanatory message; or
(b) if permitted or required by another provision of this Part:
(i) a warning message, the same warning message repeated and the corresponding explanatory message; or
(ii) a warning message and the same warning message repeated.
10 Messages on certain smaller packages
(1) This regulation applies if the largest face of a retail package (other than a retail package of a kind described in item 208 of Schedule 1):
(a) has an area of 40 square centimetres or less; and
(b) would, but for this subregulation, be required to bear an explanatory message.
(2) An explanatory message need not be printed on the face mentioned in subregulation (1).
(3) Both the face mentioned in subregulation (1) and the face on which the warning message is to be printed must bear the same warning message.
(4) A retail package of a kind described in item 208 of Schedule 1:
(a) is not required to bear an explanatory message; and
(b) must bear a warning message printed on the package twice.
11 Format of warning and explanatory message
A warning message or an explanatory message must be in the following format:
(a) the text must be printed:
(i) within a black rectangular or square border of which the lines are no wider than an upper‑case letter ‘I’ in the type size used for the text of the message; and
(ii) on a white background within the border referred to in subparagraph (i);
(b) the text must be printed in the type face known as Helvetica, in upper‑case and lower‑case letters as the text of the message is set out in Part 1.1 of Schedule 1, in type that is:
(i) clear and legible; and
(ii) subject to paragraph (c), of the same height throughout the message; and
(iii) black; and
(iv) of normal weight; and
(v) of such a size that the text as nearly as possible fills the background on which it is printed; and
(c) the words ‘Government Health Warning’ must be in type of a point size not greater than 50% of the point size of the type used for the remainder of the message.
12 Position of warning message and explanatory warning
(1) For a retail package of a kind described in item 201 or 202 of Schedule 1:
(a) the warning message is to be printed:
(i) on the face of the package specified in the relevant item; and
(ii) so that the upper edge of the background is no further than 3 millimetres below the upper edge of the face on which the message is printed; and
(b) the explanatory message is to be printed:
(i) on the face of the package that is opposite to the face on which the warning message is to be printed; and
(ii) so that the upper edge of the background is no further than 3 millimetres below the upper edge of the face on which the message is printed.
(2) For a retail package of a kind described in item 203, 205, 206 or 207 of Schedule 1:
(a) the warning message is to be printed on the face of the package specified in the relevant item; and
(b) the explanatory message is to be printed on the face of the package that is opposite to the face on which the warning message is to be printed.
(3) For a pouch described in item 204 of Schedule 1, the warning message is to be printed on the face of the pouch specified in the item.
(4) If the flap of a pouch described in item 204 of Schedule 1 is, in area, less than 33⅓% of the area of the face on which the warning message is to be printed, the explanatory message is to be printed:
(a) on the face that is partly covered by the flap when the package is closed; and
(b) not in the area that is covered by the flap when the package is closed.
(5) If the flap of a pouch described in item 204 of Schedule 1 is, in area, at least 33⅓% of the area of the face on which the warning message is to be printed, the explanatory message is to be printed on the outside of the flap.
(6) For a retail package of a kind described in item 208 of Schedule 1, the 2 warning messages are to be printed on the package as far apart as possible.
(7) For a retail package of a kind described in item 209 of Schedule 1:
(a) the warning message is to be printed on the face of the package specified in the item; and
(b) the explanatory message is to be printed as far as possible from the warning message on the package.
13 Area to be covered by warning message and explanatory message
A message of a kind described in an item of the following table that is printed on a retail package mentioned in the item must cover the area mentioned in the item.
| Item | Message | Retail package described in | Area |
| 1 | Warning message | Items 201 to 207 of Schedule 1 | At least 25% of the area of the face on which it is printed |
| 2 | Explanatory message | Items 201 to 207 of Schedule 1 | At least 33⅓% of the area of the face on which it is printed |
| 3 | Warning message | Item 208 or 209 of Schedule 1 | At least 15% of the total surface area of the package |
| 4 | Explanatory message | Item 209 of Schedule 1 | At least 20% of the total surface area of the package |
15 Messages not to be obscured etc
(1) If a message that is required by this Part to be printed on a retail package is likely to be obscured or obliterated by a wrapper on the package, the message must be printed on both the wrapper and the package.
(2) A message (other than a message on a carton) must not be likely to be obliterated, removed or rendered permanently unreadable when the retail package on which it is printed is opened in the normal way.
16 Use of adhesive labels
(1) A message that is required by this Part to be printed on a retail package (other than a flip‑top pack or a soft pack) may be printed on an adhesive label that is affixed to the retail package.
(2) An adhesive label must:
(a) comply with this Part in all respects other than as specifically set out in this regulation; and
(b) be affixed to the face of the package on which the message that it bears is required to be printed, but may be affixed anywhere on that face; and
(c) be fastened firmly to the retail package so as not to be easily removable.
(2A) For paragraph (2) (c), in determining whether a label can easily be removed, regard must be had to:
(a) the expected life‑span of the package; and
(b) whether the label can be removed without damaging either the label or the packaging.
(3) An adhesive label may be affixed in any orientation.
17 Messages to appear in rotation
(1) Each warning message and, if required by this Part, the corresponding explanatory message, must be printed in rotation on retail packages of tobacco, so that, during the period of 12 months beginning on 1 January in each year, each message appears as nearly as possible on an equal number of retail packages of each kind of tobacco.
(2) Tobacco is of different kinds for subregulation (1) if:
(a) it is sold under different brand names; or
(b) it is sold under one brand name but is distinguished in one or more of the following ways:
(i) containing or not containing menthol;
(ii) being otherwise differently flavoured;
(iii) having different contents of tar;
(iv) allegedly differing in ‘mildness’;
(v) having or not having filter tips or cork tips;
(vi) being sold in retail packages containing different numbers of pieces;
(vii) being of different length or mass.
Division 2 Retail packages containing cigarettes
18 Application of Division 2
This Division applies to a retail package containing cigarettes.
19 Message to be printed on side of retail packages of cigarettes
(1) For this regulation, a reference to the sides of a retail package containing cigarettes is a reference:
(a) in the case of a cylindrical retail package — to those parts of the curved surface of the package that, if the vertical centre‑line of the largest brand‑name on the curved surface of the package is taken to be at 0 °, extend:
(i) from 60 ° to 120 °; and
(ii) from 240 ° to 300 °;
around the circumference of a flat face of the package; and
(b) in the case of a package that has 2 faces that are hexagonal or octagonal, and of which all the other faces are square or rectangular — to the square or rectangular faces of the package, other than the front and the back; and
(c) in the case of a carton — to the larger 2 of the 4 faces other than the front and the back;
(d) in any other case — to the surfaces of the package, other than the back and the front, that are vertical when the package is held so that the axis of the cigarettes within it is vertical.
(2) For subregulation (1):
(a) the front of a retail package (other than a retail package of a kind described in item 208 or 209 of Schedule 1) is that face of the package on which the warning message is required to be printed; and
(b) the back of a retail package (other than a retail package of a kind described in item 208 or 209 of Schedule 1) is the face:
(i) on which the explanatory message is required to be printed; or
(ii) on which the explanatory message would, but for subregulation 10 (2), be required to be printed.
(3) The following message must be printed on a retail package of cigarettes:
The smoke from each cigarette contains, on average:
(xx) milligrams or less of tar — condensed smoke containing many chemicals, including some that cause cancer;
(yy) milligrams or less of nicotine — a poisonous and addictive drug;
(zz) milligrams or less of carbon monoxide — a deadly gas which reduces the ability of blood to carry oxygen.
(4) The message required by subregulation (3) must be printed on a retail package of a kind described in item 201, 202, 203, 205 or 207 of Schedule 1:
(a) if both or all of the sides of the package are the same in area — on one side of the package; or
(b) if one side of the package is larger than the other or others — on the larger or largest side; or
(c) if 2 or more sides of the package are larger than the other or others — on one of those larger sides.
(5) The message required by subregulation (3) must be printed on a retail package of a kind described in item 208 or 209 of Schedule 1 anywhere on the package.
(6) The message required by subregulation (3) must be printed:
(a) in the type face known as Helvetica, and in type that is:
(i) clear and legible; and
(ii) black; and
(iii) of normal weight; and
(iv) of such a size that the text as nearly as possible fills the background on which it is printed; and
(b) in upper and lower case, as the text of the message is set out in subregulation (3); and
(c) if the message is required to appear on the side of the package, oriented so that the lines of type making up the message are parallel to the longest edges of the face on which the message is printed; and
(d) on a rectangular or square background of the kind set out in subregulation (7).
(7) The background referred to in paragraph (6) (d):
(a) must be white; and
(b) must occupy:
(i) in the case of a retail package other than a flip‑top pack, a carton or an irregular package — the whole of one side; or
(ii) in the case of a flip‑top pack — the whole of one side except the part of that side that forms part of the top; or
(iii) in the case of a carton — at least 25% of the side on which the message is printed; or
(iv) in the case of a retail package of a kind described in item 208 or 209 of Schedule 1 — at least 9% of the total surface area of the package.
(8) When the message required by subregulation (3) is printed on a retail package, ‘(xx)’, ‘(yy)’ and ‘(zz)’ are to be replaced by:
(a) the average amount of tar, nicotine or carbon monoxide, respectively, produced by a cigarette of the kind contained in the retail package, when cigarettes of that kind are tested according to the testing methods specified in regulation 20; or
(b) if, when cigarettes of that kind are tested according to those testing methods:
(i) the average amount of tar produced by a cigarette does not exceed 16 milligrams; and
(ii) the average amount of nicotine produced by a cigarette does not exceed 1.5 milligrams; and
(iii) the average amount of carbon monoxide produced by a cigarette does not exceed 20 milligrams;
a figure worked out by taking from the column of Part 1.3 of Schedule 1 that relates respectively to tar, nicotine, or carbon monoxide the lowest figure that is greater than the average amount of tar, nicotine, or carbon monoxide, respectively, produced by a cigarette of that kind.
20 Testing methods
(1) The testing methods to be used for the purposes of subregulation 19 (8) to determine the average amount of tar, nicotine and carbon monoxide produced by a cigarette are the following standard methods published by the International Standards Organisation:
(a) tar — ISO 4387 (Determination of total and nicotine‑free dry particulate matter using a routine analytical smoking machine);
(b) nicotine — ISO 10315 (Cigarettes – determination of nicotine in smoke condensates – gas chromatographic method);
(c) carbon monoxide — ISO 8454 (Cigarettes – determination of carbon monoxide in the vapour phase of smoke (NDIR method)).
(2) The testing methods specified in subregulation (1) are to be used in accordance with the following standards published by the International Standards Organisation:
(a) ISO 3308 (Routine analytical cigarette‑smoking machine – definitions and standard conditions);
(b) ISO 8243 (Cigarettes – sampling);
(c) ISO 3402 (Tobacco and tobacco products – atmosphere for conditioning and testing).
Division 3 Retail packages containing cigars
21 Application of Division 3
This Division applies to a retail package containing cigars.
22 Packages of cigars must bear certain messages
A retail package containing cigars must bear:
(a) a warning message, and the corresponding explanatory message, in accordance with Division 1; or
(b) a warning message, the warning message repeated, and the corresponding explanatory message, in accordance with regulation 23; or
(c) a warning message, and the corresponding explanatory message, in accordance with regulation 24.
23 Messages on package with hinged lid
(1) A warning message and explanatory message may be printed on a retail package in accordance with this regulation only if the package has a hinged lid formed by one face of the package.
(2) A retail package containing cigars bears a warning message and the corresponding explanatory message in accordance with this subregulation if:
(a) the warning message is printed on both the outside of the lid and the base of the package; and
(b) each warning message occupies at least 25% of the area of the face on which it is printed; and
(c) the explanatory message is printed on the inside surface of the lid; and
(d) the explanatory message occupies at least 33% of the area of the inside surface of the lid; and
(e) the warning message and the explanatory message are otherwise in accordance with Division 1.
24 Messages on other packages of cigars
A retail package containing cigars bears a warning message and the corresponding explanatory message in accordance with this regulation if:
(a) the warning message is printed on the face of the package that is specified in Part 1.2 of Schedule 1 for a package of that kind; and
(b) the corresponding explanatory message is printed on the face of the package that is opposite to the face on which the warning message is, under paragraph (a), to be printed; and
(c) the areas occupied by the warning message and the explanatory message are as set out in the item of Part 1.4 of Schedule 1 that applies to that package; and
(d) the warning message and the explanatory message are otherwise in accordance with Division 1.
Part 4 Labelling — retail packages (including retail packages manufactured or imported on or after 1 March 2006)
Division 1 General
25 Definitions for Division 1
In this Division:
explanatory message means an explanatory message under Division 2 or 3.
information message means the message set out in Part 2.5 of Schedule 2.
warning message means a warning message under Division 2 or 3.
26 Format of warning and explanatory messages
(1) A warning message on the front face of a retail package, and an explanatory message on the back face of a retail package, must be in the following format:
(a) the text must be printed on a black background;
(b) the text must be printed in the type face known as Helvetica, in upper‑case and lower‑case letters as the text of the message is set out in Part 2.2 of Schedule 2, in type that is:
(i) clear and legible; and
(ii) subject to paragraph (c), of the same point size throughout the message; and
(iii) white; and
(iv) for a warning message — as follows:
(A) for the words ‘Health Authority Warning’ — normal weight;
(B) in any other case — normal weight or bold weight; and
(v) for an explanatory message — of normal and bold weight as the text of the message is set out in Part 2.2 of Schedule 2 ; and
(vi) of such a size that the text as nearly as possible fills the background on which it is printed; and
(c) for a warning message, the words ‘Health Authority Warning’ must be in type of a point size not greater than 50% of the point size of the type used for the remainder of the message.
(2) A warning message on the back face of a retail package must be in the following format:
(a) the text must be printed on a red background;
(b) the text must be printed in the type face known as Helvetica, in upper‑case and lower‑case letters as the text of the message is set out in Part 2.2 of Schedule 2, in type that is:
(i) clear and legible; and
(ii) subject to paragraph (c), of the same point size throughout the message; and
(iii) white; and
(iv) of normal weight or bold weight, as follows:
(A) for the words ‘Health Authority Warning’ — normal weight;
(B) in any other case — normal weight or bold weight; and
(v) of such a size that the text as nearly as possible fills the background on which it is printed; and
(c) the words ‘Health Authority Warning’ must be in type of a point size not greater than 50% of the point size of the type used for the remainder of the message.
27 Format of information message
For a retail package, the information message must:
(a) be clear and legible; and
(b) be in the type face known as Helvetica, and in bold type; and
(c) be printed in white text on a black background; and
(d) be in upper and lower case, as shown in Part 2.5 of Schedule 2; and
(e) be of such a size that the text fills, as nearly as possible, the background on which it is printed.
29 Messages and graphics not to be obscured etc
(1) If a message or graphic that is required by this Part to be printed on a retail package is likely to be obscured or obliterated by a wrapper on the package, the message or graphic must be printed on both the wrapper and the package.
(2) A message or graphic (other than a message or graphic on a carton) must not be likely to be obliterated, removed or rendered permanently unreadable when the retail package on which it is printed is opened in the normal way.
30 Use of adhesive labels
(1) A message or graphic that is required by this Part to be printed on a retail package (other than a flip‑top pack, soft pack or carton containing cigarettes) may be printed on an adhesive label that is affixed to the retail package.
(2) An adhesive label must:
(a) comply with this Part in all respects other than as specifically set out in this regulation; and
(b) be affixed to the face of the package on which the message that it bears is required to be printed; and
(c) be fastened firmly to the retail package so as not to be easily removable.
(3) For paragraph (2) (c), in determining whether a label can easily be removed, regard must be had to:
(a) the expected life‑span of the package; and
(b) whether the label can be removed without damaging either the label or the packaging.
31 Graphics not to be distorted
Subject to regulation 32, a graphic that is required by this Part to be printed on a retail package must not be distorted.
32 Graphics — permitted variations
(1) A graphic that is required by this Part to be printed on a retail package may be cropped only if:
(a) it is necessary to do so to fit the graphic on to the retail package; and
(b) the overall effect of the graphic is not affected by the cropping.
(2) If a graphic that is required by this Part to be printed on a retail package contains a horizontal, vertical, diagonal or similar division that divides the graphic into parts (old parts), the graphic may be printed with a different division only if:
(a) the different division divides the graphic into equal parts (new parts); and
(b) the old parts are cropped and placed within the new parts; and
(c) the overall effect of the graphic is not affected by the new division.
(3) If a graphic that is required by this Part to be printed on a retail package contains an overlay of a message in text, the overlay may be placed in a different position only if:
(a) the overlay is completely contained within the graphic; and
(b) the overall effect of the graphic is not affected by the new position of the overlay.
Division 2 Cigarettes and loose or pipe tobacco
Subdivision 1 General
33 Application of Division 2
This Division applies to a retail package containing cigarettes or loose or pipe tobacco.
34 Interpretation
(1) In this Division and in Divisions 2.1.1, 2.1.2, 2.2.1 and 2.2.2 of Schedule 2:
corresponding explanatory message, for a warning message, means:
(a) for a relevant retail package — the explanatory message that appears in the same item of Division 2.2.1 of Schedule 2 as the warning message; and
(b) for a retail package mentioned in item 111, 112 or 113 of Schedule 2 — the explanatory message that appears in the same item of Division 2.2.2 of Schedule 2 as the warning message; and
corresponding graphic, for a warning message for a relevant retail package, means the graphic that appears in the same item of Division 2.2.1 of Schedule 2 as the warning message.
explanatory message means:
(a) for a relevant retail package — a message set out in column 3 of Division 2.2.1 of Schedule 2; and
(b) for a retail package mentioned in item 111, 112 or 113 of Schedule 2 — a message set out in column 3 of Division 2.2.2 of Schedule 2.
graphic means a colour graphic set out in column 4 of Division 2.2.1 of Schedule 2.
information message means the message set out in Part 2.5 of Schedule 2.
Quitline logo means the logo set out in Part 2.6 of Schedule 2.
relevant retail package means a retail package mentioned in items 101 to 110 of Schedule 2.
warning message means:
(a) for a relevant retail package — a message set out in column 2 of Division 2.2.1 of Schedule 2; and
(b) for a retail package mentioned in item 111, 112 or 113 of Schedule 2 — a message set out in column 2 of Division 2.2.2 of Schedule 2.
(2) A face of a retail package has portrait orientation if, when the largest brand name on the face is read, the longest edge of the face is vertical.
(3) A face of a retail package has landscape orientation if, when the largest brand name on the face is read, the longest edge of the face is horizontal.
35 Labelling of retail packages of cigarettes and loose or pipe tobacco
(1) A retail package containing cigarettes must be labelled in accordance with Division 2.1.1 of Schedule 2.
(2) A retail package containing loose or pipe tobacco must be labelled in accordance with Division 2.1.2 of Schedule 2.
35A Retail package to bear messages and graphics
A relevant retail package must bear a warning message, corresponding explanatory message and, if required, the corresponding graphic, mentioned in items 201 to 214 of Schedule 2.
36 Alternation and rotation of messages and graphics
(1) For regulation 35A, if a retail package is required to bear a message or graphic mentioned in items 201 to 214 of Schedule 2, the manufacturer or importer of the package must:
(a) print the appropriate message or graphic on the package, or ensure that it is printed on the package, in relation to the period mentioned in subregulation (2); and
(b) ensure that, during the period, each message appears as nearly as practicable on an equal number of packages of each different kind of cigarette and of loose or pipe tobacco.
Note For paragraph (b), regulation 39 sets out what constitutes different kinds of cigarettes or tobacco.
(2) For subregulation (1), the messages, graphics and periods are:
(a) the warning message, corresponding explanatory message and, if required, the corresponding graphic, mentioned in items 201 to 207 of Schedule 2, for:
(i) the period beginning on the commencement of this regulation and ending on 28 February 2006; and
(ii) the period of 8 months beginning on 1 March in a year ending with an even number; and
(b) the warning message, corresponding explanatory message and, if required, the corresponding graphic, mentioned in items 208 to 214 of Schedule 2, for the period of 8 months beginning on 1 March in a year ending with an odd number.
(3) For the avoidance of doubt, a year ending with a zero is taken to be a year ending with an even number.
37 Changeover arrangements — relevant retail packages
In a period of 4 months beginning on 1 November in a year, a relevant retail package must bear a warning message, corresponding explanatory message and, if required, the corresponding graphic, mentioned in Division 2.2.1 of Schedule 2.
38 Rotation of messages — loose or pipe tobacco in retail packages mentioned in items 111, 112 and 113 of Schedule 2
Each warning message and corresponding explanatory message mentioned in Division 2.2.2 of Schedule 2 must be printed in rotation on retail packages of loose or pipe tobacco mentioned in items 111, 112 and 113 of Schedule 2, so that, in any period of 24 months beginning on or after 1 March 2006, each message appears as nearly as practicable on an equal number of those retail packages of each brand of loose or pipe tobacco.
39 Different kinds of cigarettes or tobacco
A cigarette or loose or pipe tobacco is of a different kind for regulation 36 if:
(a) it is sold under different brand names; or
(b) it is sold under one brand name but is distinguished in one or more of the following ways:
(i) containing or not containing menthol;
(ii) being otherwise differently flavoured;
(iii) having different contents of tar;
(iv) allegedly differing in ‘mildness’;
(v) having or not having filter tips or cork tips;
(vi) being sold in retail packages containing different numbers of pieces;
(vii) being of different length or mass.
Division 3 Cigars
40 Application of Division 3
(1) This Division applies to a retail package containing cigars.
(2) This Division does not apply to a retail package containing bidis.
Note Division 4 applies to retail packages containing bidis.
41 Definitions for Division 3
In this Division and in Divisions 2.1.3 and 2.2.3 of Schedule 2:
corresponding explanatory message, for a warning message, means the explanatory message that appears in the same item of Division 2.2.3 of Schedule 2 as the warning message.
corresponding graphic, for a warning message, means the graphic that appears in the same item of Division 2.2.3 of Schedule 2 as the warning message.
explanatory message means a message set out in column 3 of Division 2.2.3 of Schedule 2.
graphic means a colour graphic set out in column 4 of Division 2.2.3 of Schedule 2.
Quitline logo means the logo set out in Part 2.6 of Schedule 2.
warning message means a message set out in column 2 of Division 2.2.3 of Schedule 2.
42 Labelling of retail packages of cigars
A retail package containing cigars must be labelled in accordance with Division 2.1.3 of Schedule 2.
Note Examples of layouts for the warning message, corresponding explanatory message (if required) and corresponding graphic for a retail package containing cigars are shown in Part 2.4 of Schedule 2.
43 Area to be occupied by warning message etc — large retail packages of cigars
(1) This regulation applies to a retail package containing cigars if the area of the largest face of the package is at least 250 cm2.
(2) A reference in column 2 of Division 2.1.3 of Schedule 2 to 25% of the front face of a retail package is to be read as a reference to 63 cm2 of the front face.
(3) A reference in column 3 of Division 2.1.3 of Schedule 2 to 33% of the back face of a retail package is to be read as a reference to 84 cm2 of the back face.
44 Rotation of messages
Each warning message, corresponding explanatory message (if required) and corresponding graphic must be printed in rotation on retail packages of cigars so that, in any period of 24 months beginning on or after 1 March 2006, each message appears as nearly as practicable on an equal number of retail packages of each brand of cigar.
Division 4 Bidis
45 Application of Division 4
This Division applies to a retail package containing bidis.
46 Labelling of retail packages of bidis
A retail package containing bidis must bear a warning message set out in Part 2.7 of Schedule 2.
47 Format of warning message
A warning message must be:
(a) printed in black text on a white rectangle measuring at least 50 mm by 20 mm and that is positioned lengthwise along the package; and
(b) clear and legible; and
(c) in the type face known as Helvetica, and in bold type; and
(d) in upper case; and
(e) of such a size that the text fills, as nearly as possible, the background on which it is printed.
48 Rotation of warning messages
Each warning message must be printed in rotation on retail packages of bidis so that, in any period of 24 months beginning on or after 1 March 2006, each message appears as nearly as practicable on an equal number of retail packages of each brand of bidis.
Division 5 Nasal snuff
49 Application of Division 5
This Division applies to a retail package containing nasal snuff.
50 Labelling of retail packages of nasal snuff
A retail package containing nasal snuff must bear a warning message set out in Part 2.8 of Schedule 2.
51 Format of warning message
A warning message must:
(a) cover at least 25% of the total area of the face of the lid of the package; and
(b) be in black text on a white background; and
(c) be in the type face known as Helvetica, and in bold type; and
(d) be in upper case; and
(e) be of such a size that the text fills, as nearly as possible, the background on which it is printed.
52 Rotation of warning messages
Each warning message must be printed in rotation on retail packages of nasal snuff so that, in any period of 24 months beginning on or after 1 March 2006, each message appears as nearly as practicable on an equal number of retail packages of each brand of nasal snuff.