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tobacco plain packaging act 2011

tobacco plain packaging act 2011

(c)  the Attorney‑General has, by writing, nominated the person to exercise those powers. calibration mark means a mark used only for the purpose of the automated manufacture of retail packaging. of tobacco products that do not comply with any requirements specified in the regulations (see Chapter 3). Date of Assent. Note:          SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. Note 2:       See subsection 4(2) for an extended meaning of offer. The effect of uncommenced amendments is not shown in the text of the compiled law. (3)  An authorised officer, or person assisting, may apply to an issuing officer for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if: (a)  there is an emergency situation; and. Issuing officer to attach documents together. Note 2:       Offences and civil penalties apply to the supply, purchase and manufacture etc. 24  Retail packaging not to produce noise or scent. This analysis was done by Dr Tasneem Chipty of Analysis Group, Inc., an economic and business consultant. (1)  A strict liability offence against Chapter 3 is subject to an infringement notice under Part 5 of the Regulatory Powers Act. (b)  is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989. Amending laws are annotated in the legislation history and amendment history. (4)  Any relevant legislative requirement (other than the health warnings) must comply with any requirements prescribed by the regulations. 6  Rules relating to surfaces of cigarette packs and cigarette cartons. (2)  If a cigarette carton has one or more flaps with surfaces that become visible only when the carton is opened, those surfaces are taken to be inner surfaces of the carton. (3)  The Secretary is not required to take reasonable steps to return a thing because of paragraph (1)(c) if: (a)  proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or, (b)  the thing may continue to be retained because of an order under section 72; or. (1)  A person contravenes this subsection if: (ii)  offers a tobacco product for sale; or, (iii)  otherwise supplies (whether or not for consideration) a tobacco product; and, (b)  at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. The day this Act receives the Royal Assent. (1)  An authorised officer must provide a receipt for a thing that is seized under this Part. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Division 2—Powers of authorised officers to ask questions and seek production of documents, 58  Authorised officer may ask questions and seek production of documents. Note:          For strict liability in relation to a physical element of an offence, see subsection 6.1(2) of the Criminal Code. (2)  The Secretary may appoint a person as an authorised officer only if the Secretary is satisfied that the person has suitable qualifications, training or experience. (3)  When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the Secretary: (a)  must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and. Note 1:       See also the definition of container. (4)  This section does not apply to a plastic or other wrapper that covers: (a)  the retail packaging of tobacco products; or. (1)  The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department all or any of the Secretary’s powers or functions under this Act. Note:          If entry to the premises is with the occupier’s consent, the authorised officer must leave the premises if the consent ceases to have effect (see section 59). (b)  a warrant signed by an issuing officer under section 76. Note:          The regulations might require the brand, business, company or variant name, or a relevant legislative requirement, to be a particular colour. 93  Criminal proceedings during civil proceedings. Note 1:       There is an exception to this subsection in section 49 (non‑compliant tobacco products for export). (1)  The Governor‑General may make regulations prescribing matters: (a)  required or permitted by this Act to be prescribed; or. Requirements for relevant legislative requirements (other than health warnings). (ii)  the person has refused to take possession of the thing. any outer surface of a cigarette pack or cigarette carton, (a) horizontally and immediately below the brand, business or company name; and. A cigar or cigarette is an example of a product that contains tobacco. (2)  The authorised officer must, as soon as practicable: (i)  if the warrant was issued under section 75 (ordinary warrants)—make a copy of the warrant available to the occupier or other person (which need not include the signature of the issuing officer who issued it); (ii)  if the warrant was signed under section 76 (telephone warrants)—make a copy of the form of warrant completed under subsection 76(6) available to the occupier or other person; and. Authorised officers are appointed by the Secretary. (5)  After completing and signing the warrant, the issuing officer must inform the authorised officer, by telephone, fax or other electronic means, of: (b)  the day on which, and the time at which, the warrant was signed. (2)  In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary. (1)  Without prejudice to its effect apart from this section, this Act also has effect as provided by this section. (2)  Subsection (1) does not apply if the manufacturer took all reasonable steps to ensure that the retail packaging complied with the tobacco product requirements. (ii)  who has responsibilities in relation to health matters or in relation to compliance and enforcement in tobacco control matters; (d)  a member of the police force or police service of a State or Territory. (5)  This section does not apply to a plastic or other wrapper that covers: (1)  This section sets out the requirements that a plastic or other wrapper must comply with if the wrapper covers: (a)  the retail packaging of tobacco products (within the meaning of paragraph (a) or (b) of the definition of retail packaging); or. Note:          For the definition of tobacco advertising and promotion, see section 4. (b)  after receiving such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought. (3)  For the purposes of subsection (2), strict liability applies to the element of the offence that the tobacco product is packaged for retail sale. The following prevail to the extent of any inconsistency with this Act: (a)  the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004; (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; 11  Operation of State and Territory laws. (1)  This section applies to premises to which a warrant relates. Date of Decision. (b)  the person fails to comply with the requirement. 2 … Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging, 41.......... Purchasing tobacco products from a constitutional corporation in non‑compliant retail packaging, 42.......... Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation. 10  Inconsistency with other Commonwealth legislation. An authorised officer, and any persons assisting, may complete the execution of a warrant that has been stopped by an order of a court if: (a)  the order is later revoked or reversed on appeal; and. Note 1:       See section 50 in relation to the physical elements of the offence. •      Offences and civil penalties apply if tobacco products are supplied, purchased or manufactured and either the retail packaging, or the products themselves, do not comply with the requirements. ) otherwise—the amount of the Regulatory Powers Act ( see Chapter 3 contains general offences and penalties... Cigarette pack means the who Framework Convention on tobacco Control done at Geneva 21... Operation of section 97 ( mistake of fact ) information may be inserted in this Chapter that... 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