Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Public Health (Tobacco and Other Products) Act 2023
In force
Administered by
Department of Health and Aged Care
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2024C00259 (C01)
01 July 2024
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Chapter 1—Preliminary
Part 1.1—Introduction
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Application of this Act
6 Act binds the Crown
7 Operation of State and Territory laws
Part 1.2—Interpretation
Division 1—General definitions
8 Definitions
Division 2—Key concepts for this Act
9 Meaning of tobacco product
10 Meaning of tobacco product accessory
11 Meaning of e cigarette
12 Meaning of e cigarette accessory
Division 3—Other interpretation provisions
13 References to different kinds of tobacco products
14 References to manufacturers, importers, distributors and retailers
15 References to mark
16 References to an offer to sell or supply
17 Tobacco products—rebuttable presumption of offer for retail sale
Collapse
Chapter 2—Advertising and sponsorship prohibitions
Collapse
Part 2.1—Introduction
18 Simplified outline of this Chapter
Collapse
Part 2.2—Prohibition of tobacco advertisements
Collapse
Division 1—Offences and civil penalties
19 Prohibition on publishing tobacco advertisements
Collapse
Division 2—Meaning of tobacco advertisement
20 Meaning of tobacco advertisement
Collapse
Division 3—Tobacco advertisements—exceptions
21 Exception—labelling and packaging
22 Exception—standard business documents
23 Exception—business signage
24 Exception—notice of availability of regulated tobacco items
25 Exception—consumer matters
26 Exception—communications about government or political matters
27 Exception—artistic works and public interest expression
28 Exception—journalism
29 Exception—disclosures and acknowledgements by authors
Collapse
Division 4—Meaning of publish a tobacco advertisement
30 Meaning of publish a tobacco advertisement
Collapse
Division 5—Tobacco advertisements—permitted publications
31 Permitted publication—physical premises point of sale
32 Permitted publication—online point of sale
33 Permitted publication—trade communications
34 Permitted publication—telecommunications and online service providers
35 Permitted publication—periodicals printed outside Australia
36 Permitted publication—compliance activities
37 Permitted publication—advertisements during aircraft flight
Collapse
Part 2.3—Prohibition of tobacco sponsorships
Collapse
Division 1—Offences and civil penalties
38 Prohibition on entering into tobacco sponsorships
Collapse
Division 2—Meaning of tobacco sponsorship
39 Meaning of tobacco sponsorship
Collapse
Division 3—Tobacco sponsorships—exceptions
40 Exception—political donations and electoral expenditure
41 Exception—statements by authors
Collapse
Part 2.4—Prohibition of e cigarette advertisements
Collapse
Division 1—Offences and civil penalties
42 Prohibition on publishing e cigarette advertisements
Collapse
Division 2—Meaning of e cigarette advertisement
43 Meaning of e cigarette advertisement
Collapse
Division 3—E cigarette advertisements—exceptions
44 Exception—labelling and wrapping
45 Exception—standard business documents
46 Exception—business signage
47 Exception—notice of availability of e cigarette products
48 Exception—consumer matters
49 Exception—communications about government or political matters
50 Exception—artistic works and public interest expression
51 Exception—journalism
52 Exception—disclosures and acknowledgements by authors
53 Exception—exempt advertisements under the Therapeutic Goods Act
54 Exception—approved use of restricted representations under the Therapeutic Goods Act
55 Exception—permitted use of restricted or prohibited representations under the Therapeutic Goods Act
Collapse
Division 4—Meaning of publish an e cigarette advertisement
56 Meaning of publish an e cigarette advertisement
Collapse
Division 5—E cigarette advertisements—permitted publications
57 Permitted publication—physical premises point of sale
58 Permitted publication—online point of sale
59 Permitted publication—trade communications
60 Permitted publication—telecommunications and online service providers
61 Permitted publication—periodicals printed outside Australia
62 Permitted publication—compliance activities
63 Permitted publication—advertisements during aircraft flight
64 Interaction of Division with Therapeutic Goods Act
Collapse
Part 2.5—Prohibition of e cigarette sponsorships
Collapse
Division 1—Offences and civil penalties
65 Prohibition on entering into e cigarette sponsorships
Collapse
Division 2—Meaning of e cigarette sponsorship
66 Meaning of e cigarette sponsorship
Collapse
Division 3—E cigarette sponsorships—exceptions
67 Exception—political donations and electoral expenditure
68 Exception—statements by authors
Collapse
Part 2.6—Other matters
69 No action for failing to publish prohibited advertisement
Collapse
Chapter 3—Tobacco product requirements
Collapse
Part 3.1—Introduction
70 Simplified outline of this Chapter
Collapse
Part 3.2—Key concepts—tobacco product requirements
71 Meaning of retail packaging of a tobacco product
72 Meaning of packages a tobacco product for retail sale
73 Meaning of prohibited term
Collapse
Part 3.3—Tobacco product requirements
Collapse
Division 1—Plain packaging requirements
74 Plain packaging—physical features
75 Plain packaging—colour and finish
76 Plain packaging—standardisation
77 Plain packaging—prohibited terms and other marks
78 Plain packaging—health warnings
79 Plain packaging—mandatory markings
80 Plain packaging—wrappers
81 Plain packaging—prohibited tobacco product accessories
82 Plain packaging—inserts and onserts
83 Retail packaging not to produce noise or smell
84 Retail packaging must not change after retail sale
Collapse
Division 2—Naming requirements
85 Prohibited terms—brand names and variant names
Collapse
Division 3—Appearance, physical features and content requirements
86 Tobacco products—appearance and physical features
87 Tobacco products—contents
88 Tobacco products—prohibited devices
Collapse
Division 4—Tobacco product standards
89 Tobacco products—performance requirements
90 Tobacco products—testing requirements
Collapse
Division 5—Tobacco product accessories
91 Tobacco product accessories—prohibited functions
Collapse
Part 3.4—General offences and civil penalty provisions—tobacco product requirements
Collapse
Division 1—Tobacco products not in retail packaging
92 Retail sale of tobacco products without retail packaging
93 Selling or supplying tobacco products to retailers without retail packaging
Collapse
Division 2—Non compliant retail packaging of tobacco products
94 Selling or supplying tobacco products in non compliant retail packaging
95 Purchasing tobacco products in non compliant retail packaging
96 Possessing tobacco products in non compliant retail packaging
97 Packaging tobacco products in non compliant retail packaging
98 Manufacturing non compliant retail packaging of tobacco products
99 Possessing non compliant retail packaging of tobacco products
100 Manufacturing tobacco products that are packaged in non compliant retail packaging
Collapse
Division 3—Non compliant regulated tobacco items
101 Scope of Division
102 Selling or supplying non compliant regulated tobacco items
103 Purchasing non compliant regulated tobacco items
104 Possessing non compliant regulated tobacco items
105 Manufacturing non compliant regulated tobacco items
Collapse
Part 3.5—Offences and civil penalty provisions relating to constitutional corporations—tobacco product requirements
Collapse
Division 1—Tobacco products not in retail packaging
106 Retail sale of tobacco products without retail packaging to a constitutional corporation
107 Selling or supplying tobacco products without retail packaging to retailer who is a constitutional corporation
Collapse
Division 2—Non compliant retail packaging of tobacco products
108 Selling or supplying tobacco products in non compliant retail packaging to a constitutional corporation
109 Purchasing tobacco products in non compliant retail packaging from a constitutional corporation
110 Possessing tobacco products in non compliant retail packaging obtained from a constitutional corporation
111 Packaging tobacco products in non compliant retail packaging under a contract with a constitutional corporation
112 Manufacturing non compliant retail packaging of tobacco products under a contract with a constitutional corporation
113 Possessing non compliant retail packaging of tobacco products obtained from a constitutional corporation
114 Manufacturing tobacco products that are packaged in non compliant retail packaging by a constitutional corporation
Collapse
Division 3—Non compliant regulated tobacco items
115 Scope of Division
116 Selling or supplying non compliant regulated tobacco items to a constitutional corporation
117 Purchasing non compliant regulated tobacco items from a constitutional corporation
118 Possessing non compliant regulated tobacco items obtained from a constitutional corporation
119 Manufacturing non compliant regulated tobacco items under a contract with a constitutional corporation
Collapse
Part 3.6—Miscellaneous
Collapse
Division 1—Export exception
120 Export exception for non compliant retail packaging or regulated tobacco items
Collapse
Division 2—Interaction with certain intellectual property laws
121 Effect on the Trade Marks Act of non use of trade mark as a result of this Act
122 Effect on the Designs Act of failure to make products as a result of this Act
123 Effect on the Patents Act of compliance with this Act
Collapse
Division 3—Additional tobacco product requirements
124 Regulations may prescribe additional requirements
Collapse
Chapter 4—Permanent bans on certain tobacco products
Collapse
Part 4.1—Introduction
125 Simplified outline of this Chapter
126 Tobacco products that are permanently banned
Collapse
Part 4.2—Offences and civil penalty provisions
127 Dealing in permanently banned tobacco products
128 Possessing permanently banned tobacco products
Collapse
Chapter 5—Reporting and information disclosure
Collapse
Part 5.1—Introduction
129 Simplified outline of this Chapter
130 Meaning of reporting entity
Collapse
Part 5.2—Reports
Collapse
Division 1—Required reports
131 Tobacco product ingredients
132 Tobacco product volumes
133 Marketing and promotional expenditure
134 Determinations by Secretary
Collapse
Division 2—General matters relating to reports
135 Scope of Division
136 How reports must be given
137 Contents of reports
138 Consolidated reports
139 Reporting by related entities
140 Direction by Secretary
141 No duplication of information
142 Extensions of time
143 Secretary may request additional information
144 Regulations may prescribe additional requirements
Collapse
Division 3—Publication and disclosure
145 Publication of reports and information
146 Disclosure for research, policy development or data analysis
147 Publication of information about failure to comply with Chapter
Collapse
Part 5.3—Offence and civil penalty provision
148 Non compliance with reporting obligations
Collapse
Chapter 6—Compliance and enforcement
Collapse
Part 6.1—Introduction
149 Simplified outline of this Chapter
Collapse
Part 6.2—Authorised officers
Collapse
Division 1—Appointment
150 Appointment of authorised officers
Collapse
Division 2—Powers
151 Power to require persons to give information or produce documents
152 Power to require person to attend and answer questions
153 Self incrimination and self exposure
Collapse
Part 6.3—Monitoring and investigation powers
Collapse
Division 1—Monitoring powers
154 Monitoring powers
155 Consent and identification by authorised officers not required in certain circumstances
Collapse
Division 2—Investigation powers
156 Investigation powers
157 Forfeiture of seized regulated tobacco items
158 Recovery of costs in relation to seized items
159 Modifications of Part 3 of the Regulatory Powers Act
Collapse
Part 6.4—Enforcing compliance with this Act
Collapse
Division 1—Civil penalty provisions
160 Civil penalty provisions
Collapse
Division 2—Infringement notices
161 Infringement notices
Collapse
Division 3—Enforceable undertakings
162 Enforceable undertakings
Collapse
Division 4—Injunctions
163 Injunctions
Collapse
Chapter 6A—Illicit Tobacco and E cigarette Commissioner
Collapse
Part 6A.1—Introduction
163A Simplified outline of this Chapter
Collapse
Part 6A.2—Illicit Tobacco and E cigarette Commissioner
163B Illicit Tobacco and E cigarette Commissioner
163C Functions of the ITEC Commissioner
163D Reporting functions
163E Application of finance law
163F Arrangements relating to staff of the Department of Home Affairs
163G Other persons assisting the ITEC Commissioner
163H Delegation by the ITEC Commissioner
163J Ministerial directions
Collapse
Part 6A.3—Administration
163K Appointment of the ITEC Commissioner
163L Acting appointments
163M Remuneration
163N Leave of absence
163P Engaging in other paid work
163Q Other terms and conditions of appointment
163R Resignation of appointment
163S Termination of appointment
Collapse
Chapter 7—Miscellaneous
Collapse
Part 7.1—Introduction
164 Simplified outline of this Chapter
Collapse
Part 7.2—General rules about offences and civil penalty provisions
Collapse
Division 1—Interpretation
165 Physical elements of offences
166 Contravening an offence provision or a civil penalty provision
167 Offences against this Act—extended meaning
Collapse
Division 2—Partnerships, unincorporated associations and trusts
168 Treatment of partnerships
169 Treatment of unincorporated associations
170 Treatment of trusts
Collapse
Part 7.3—Cost recovery
171 Fees for fee bearing activities
172 Paying fees
173 Person liable to pay fees
174 Late payment fee
175 Recovery of fees
176 Secretary may remit or refund fees
177 Secretary may direct that activities not be carried out
Collapse
Part 7.4—Constitutional provisions
178 Constitutional basis of this Act
179 Additional operation of this Act
180 Acquisition of property
Collapse
Part 7.5—Other matters
181 Delegation by Minister
182 Delegation by Secretary
183 Protection from liability
184 Reports
185 Regulations
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes