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TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 11 Operation of State and Territory laws

TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 11

Operation of State and Territory laws

             (1)  This Act does not exclude or limit the operation of a relevant tobacco law of a State or Territory that is capable of operating concurrently with this Act.

             (2)  This Act does not exclude or limit the application of a relevant tobacco law of a State or Territory to particular conduct if:

                     (a)  that conduct constitutes an offence against, or a contravention of a civil penalty provision in, this Act; and

                     (b)  that conduct also constitutes an offence against, or a contravention of a civil penalty provision (however described) in, the relevant tobacco law.

             (3)  In this Act:

"relevant tobacco law" means a law, or a provision of a law, that regulates the retail packaging or appearance of tobacco products.