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TOBACCO ACT 1987 - SECT 15N Ban orders

TOBACCO ACT 1987 - SECT 15N

Ban orders

    (1)     The Minister, by order published in the Government Gazette, may ban a product or a class of products if—

        (a)     the Secretary recommends the making of the order to the Minister under section 15O; or

        (b)     the product or the class of products has been prohibited or restricted by or under a law of the Commonwealth or another State or Territory on the ground that the product or the class of products meets one or more criteria that substantially correspond to the criteria set out in section 15O(2)(a).

    (2)     A ban order must—

        (a)     if the ban order is made on the recommendation of the Secretary, specify that fact and set out the grounds for the recommendation; or

        (b)     if a ban order is made on the basis of a prohibition or restriction by the Commonwealth or another State or Territory, specify that fact and the law or subordinate instrument containing the prohibition or restriction.

    (3)     A ban order may apply, adopt or incorporate, wholly or partially or as amended by the order, any matter contained in any document as existing—

        (a)     from time to time; or

        (b)     at a particular time.

S. 15O inserted by No. 49/2009 s. 38.