TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 4 Definitions
TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 4
Definitions(1) In this Act:
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"Australia" includes all the external Territories.
"authorised officer" means a person appointed under section 81 as an authorised officer.
cigarette means a roll of cut tobacco for smoking, enclosed in paper.
"cigarette carton" means any container for retail sale that contains smaller containers in which cigarettes are directly placed.
Note: See also the definition of container .
"cigarette pack" means any container for retail sale in which cigarettes are directly placed.
Note: See also the definition of container .
"civil penalty order" has the meaning given by section 85.
"civil penalty provision" (other than in paragraph 11(2)(b)) means a provision of this Act if:
(a) either:
(i) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words "Civil penalty"; or
(ii) another provision of this Act provides that the provision is a civil penalty provision; and
(b) the provision is a subsection, or a section that is not divided into subsections.
Note: See section 7 for references to contraventions of civil penalty provisions.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means:
(a) trade or commerce between Australia and places outside Australia; or
(b) trade or commerce among the States; or
(c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.
"container" includes (without limitation) any pack, carton, box, tin, packet, bag, pouch, tube or other container.
"Convention on Tobacco Control" means the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003.
Note: The text of the Convention is set out in Australian Treaty Series 2005 No. 7 ([2005] ATS 7). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Deputy President" of the Administrative Appeals Tribunal has the meaning given by section 3 of the Administrative Appeals Tribunal Act 1975 .
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
(a) in respect of an offence against this Act:
(i) any thing with respect to which the offence has been committed or is suspected, on reasonable grounds, to have been committed; or
(ii) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of the offence; or
(iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing the offence; and
(b) in respect of a contravention of a civil penalty provision:
(i) any thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the contravention of the civil penalty provision; or
(iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of contravening the civil penalty provision.
"Federal Court" means the Federal Court of Australia.
"filter tip of a cigarette means the part of the end of the cigarette that acts as a filter, or purports to " act as a filter.
fire risk statement means any statement that is required to appear on the retail packaging of tobacco products by:
(a) regulation 14 of the Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008 ; or
(b) a safety standard made under section 104, or declared under section 105, of Schedule 2 to the Competition and Consumer Act 2010 , to the extent that the standard relates to fire risk; or
(c) an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010 , to the extent that the standard relates to fire risk.
"health warning" means any message, information, graphic or other thing that is required to appear on the retail packaging of tobacco products by:
(a) the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 ; or
(b) a safety standard made under section 104, or declared under section 105, of Schedule 2 to the Competition and Consumer Act 2010 , to the extent that the standard relates to the health effects of smoking or using tobacco products; or
(c) an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010 , to the extent that the standard relates to the health effects of smoking or using tobacco products.
imitation cork tip of a cigarette means the part of the paper over the filter tip of the cigarette that is printed brown to resemble cork.
inner surface of a cigarette carton has a meaning affected by subsection 6(2).
"insert" means any thing (other than a tobacco product) placed inside packaging (within the ordinary meaning of the word), but does not include the lining of a cigarette pack if the lining complies with the requirements of this Act.
inside lip of a cigarette pack means the part of the outer surfaces of the pack that is obscured when the flip-top lid is closed.
(a) a Judge of a court created by the Parliament; or
(b) a Federal Magistrate; or
(c) a Deputy President of the Administrative Appeals Tribunal; or
(d) a non-presidential member of the Administrative Appeals Tribunal who:
(i) is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory; and
(ii) has been so enrolled for at least 5 years.
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
(a) includes (without limitation) any line, letters, numbers, symbol, graphic or image; but
(b) (other than when referring to a trade mark) does not include a trade mark.
measurement mark means any information that is required to appear on the retail packaging of tobacco products by regulations made under the National Measurement Act 1960 .
"non-presidential member" of the Administrative Appeals Tribunal has the meaning given by section 3 of the Administrative Appeals Tribunal Act 1975 .
"offer" a tobacco product for sale has a meaning affected by subsection (2) of this section.
"onsert" means any thing affixed or otherwise attached to packaging (within the ordinary meaning of the word), but does not include the lining of a cigarette pack if the lining complies with the requirements of this Act.
Note: A sound chip embedded in the cardboard of a cigarette pack is an example of an onsert.
outer surface of a cigarette pack has a meaning affected by subsection 6(1).
"package" a tobacco product for retail sale has the meaning given by section 5.
"person assisting" has the meaning given by section 56.
"relevant legislative requirement" means any of the following:
(a) a health warning;
(b) a fire risk statement;
(c) a trade description;
(d) a measurement mark.
"relevant tobacco law" has the meaning given by section 11.
"retail packaging" of a tobacco product means:
(a) any container for retail sale in which the tobacco product is directly placed; or
(b) any container for retail sale that contains a smaller container in which the tobacco product is directly placed; or
(c) any plastic or other wrapper that covers any retail packaging of the tobacco product (within the meaning of paragraph (a) or (b) of this definition); or
(d) any plastic or other wrapper that covers the tobacco product, being a tobacco product that is for retail sale; or
(e) any insert that is placed inside the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition); or
(f) any onsert that is affixed or otherwise attached to the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition).
Note: See also the definition of container .
"search powers" has the meaning given by sections 53, 54 and 55.
"Secretary" means the Secretary of the Department.
"sign" (when used as a noun) has the meaning given by subsection 6(1) of the Trade Marks Act 1995 .
"this Act" includes the regulations.
"tobacco advertising and promotion" has the meaning given by the Convention on Tobacco Control.
"tobacco product" means processed tobacco, or any product that contains tobacco, that:
(a) is manufactured to be used for smoking, sucking, chewing or snuffing; and
(b) is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 .
Note: Loose tobacco for roll-your-own cigarettes is an example of processed tobacco. A cigar or cigarette is an example of a product that contains tobacco.
"tobacco product requirement" means the following requirements in relation to the retail packaging or appearance of tobacco products:
(a) a requirement specified in Part 2 of Chapter 2;
(b) a requirement prescribed by regulations made under Part 2 of Chapter 2;
(c) if subsection 15(2) applies (acquisition of property)--a requirement prescribed by regulations made under section 15.
trade description means any trade description that is required to appear on the retail packaging of tobacco products by regulations made under the Commerce (Trade Descriptions) Act 1905 .
"variant name" for a tobacco product means the name used to distinguish that kind of tobacco product from other tobacco products that are supplied under the same brand, business or company name, by reference to one or more of the following:
(a) containing or not containing menthol;
(b) being otherwise differently flavoured;
(c) purporting to differ in strength;
(d) having or not having filter tips or imitation cork tips;
(e) being of different length or mass.
(a) a warrant issued by an issuing officer under section 75; or
(b) a warrant signed by an issuing officer under section 76.
(2) In this Act, a reference to offering a tobacco product for sale includes (without limitation) a reference to:
(a) exposing, displaying or advertising the product for sale; and
(b) making the product available for sale even if the product is not visible to the public.