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Saturday, December 1, 2012

Australian Law on Cigarettes effective Dec 1,2012

Australia has become the first country in the world to introduce plain packaging for cigarettes.
From now, all tobacco company logos and colours will be banned from packets.
They have been replaced by a dreary, uniform, green/brown, colour accompanied by a raft of anti-smoking messages and photographs


Tobacco Packaging and Labeling

 Effective from December 1, 2012, plain packaging of tobacco products available for retail sale in Australia will be required, making Australia the first country to mandate plain packaging. The packages must be “drab dark brown,” made of cardboard, rectangular in shape, with no trademarks or other marks anywhere on the outer surface or inner surface of the package.  Other than health warnings, the tobacco packages may contain only: brand, business or company name; relevant legislative requirements; and any other mark or trade mark permitted by regulations. Packages may not have inserts or onserts, make a noise, or produce a scent, and may not include any features designed to change after retail sale.

As of December 1, 2012, plain packaging will be required for tobacco products available for retail sale in Australia under the Tobacco Plain Packaging Act and pursuant to the Tobacco Plain Packaging Regulations 2011 (as amended) and the Trade Marks Amendment (Tobacco Plain Packaging) Act 2011.  The Competition and Consumer (Tobacco) Information Standard 2011 establishes the health warnings that must appear on smoked and smokeless tobacco product packaging

Note
As of October 1, 2012, only products with plain packaging can be manufactured or imported into Australia


Smoke Free Places
In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories.  All of the States and Territories have laws that ban smoking in all indoor workplaces. However, some jurisdictions allow for limited exceptions to the ban.  One or more jurisdictions permits smoking in private gaming areas within a bar, club, or hotel; high roller rooms at casinos; hotel guest rooms; and in designated areas in mental health facilities. All jurisdictions prohibit smoking on public transportation.  Under national law, smoking is prohibited in commercial aircraft and interstate trains and buses.

Tobacco Advertising, Promotion and Sponsorship
 Under national law, tobacco advertising is prohibited except for at point of sale, which is governed by State and Territory law.  Several sub-national jurisdictions prohibit point of sale advertising and display of tobacco products.  The national law does not address some types of promotional practices (such as providing discounts, gifts, or prizes given in exchange for a tobacco purchase and retailer incentive programs) and therefore some types of promotional practices are permitted under national law.  However, many States and Territories prohibit promotional actions. Under national law, sponsorship in the form of financial support is permitted; however the publicity or public acknowledgment of that support is greatly restricted. Some States and Territories have banned tobacco sponsorship itself, regardless of publicity.

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