(2)  No mark may appear anywhere on a tobacco product, other than as permitted by the regulations. (2)  One receipt may cover 2 or more things that are seized. 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. 263), as amended by the Tobacco Plain Packaging Amendment Regulation 2012 (No. (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Chapter 3—Offences and civil penalty provisions, (a)     supply or purchase tobacco products in retail packaging that does not comply with the requirements of this Act; nor, (b)     be involved in the packaging of tobacco products for retail sale if the packaging does not comply with those requirements; nor, (c)     supply, purchase or manufacture tobacco products that do not comply with those requirements; nor. of a cigarette carton has a meaning affected by subsection 6(2). Issuing officer may complete and sign warrant. 1. 72  Issuing officer may permit a seized thing to be retained. (1)  The Governor‑General may make regulations prescribing matters: (a)  required or permitted by this Act to be prescribed; or. Subsection (1) of any of sections 31 to 48 (other than section 36 or 46) does not apply if: (i)  engages in the conduct to which that subsection applies in relation to a tobacco product; or, (ii)  manufactures retail packaging, and a tobacco product is packaged for retail sale in the retail packaging by another person; and, (b)  a contract or arrangement has been entered into, or an understanding has been arrived at, for the tobacco product to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and, (c)  the relevant person engages in that conduct, or manufactures that retail packaging, in the course of, or for the purposes of, the tobacco product being exported; and. (a)  the person (the manufacturer) manufactures any of the following retail packaging of tobacco products: (b)  the retail packaging is manufactured under a contract with a constitutional corporation; and, (c)  a tobacco product is packaged for retail sale in the retail packaging by a person other than the manufacturer; and, (a)  the element of the offence that the packaging is retail packaging; and, 44  Packaging tobacco products in non‑compliant retail packaging bearing identifying mark of a constitutional corporation, (b)  the trade mark, brand, business or company name, or other identifying mark, of a constitutional corporation appears on the retail packaging; and, 45  Manufacturing non‑compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation, 46  Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale, (b)  either the person or the purchaser is a constitutional corporation; and, (c)  the product is not packaged for retail sale; and. Division 2—Civil proceedings and criminal proceedings, 92  Civil proceedings after criminal proceedings. (2)  Subsection (1) of this section does not affect the operation of section 97 (mistake of fact). sign (when used as a noun) has the meaning given by subsection 6(1) of the Trade Marks Act 1995. tobacco advertising and promotion has the meaning given by the Convention on Tobacco Control. (8)  In exercising powers or functions delegated under subsection (7), the delegate must comply with any directions of the Secretary. 4 See JT Int'l SA v Commonwealth [2012] HCA 43 (Unreported, 5 Oct. 2012) 148 of 2011 as amended, taking into account amendments up to Tobacco Plain Packaging Amendment Act 2018, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. (b)  to give effect to certain obligations that Australia has as a party to the Convention on Tobacco Control. (n)  state that the person may make written representations to the Secretary seeking the withdrawal of the notice. of a cigarette carton has a meaning affected by subsection 6(2). (c)  the product does not comply with a tobacco product requirement. Purchasing tobacco products in non‑compliant retail packaging, Note 2:       A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the, Packaging tobacco products in non‑compliant retail packaging, Manufacturing non‑compliant retail packaging of tobacco products, Manufacturing tobacco products that are packaged in non‑compliant retail packaging, Certain supplies of tobacco products that have not been packaged for retail sale, Selling or supplying non‑compliant tobacco products, Purchasing non‑compliant tobacco products, Manufacturing non‑compliant tobacco products, Offences and civil penalty provisions relating to constitutional corporations, Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging, Purchasing tobacco products from a constitutional corporation in non‑compliant retail packaging, Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation, Manufacturing non‑compliant retail packaging of tobacco products under a contract with a constitutional corporation, Packaging tobacco products in non‑compliant retail packaging bearing identifying mark of a constitutional corporation, Manufacturing non‑compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation, Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale, Selling or supplying non‑compliant tobacco products to a constitutional corporation, Purchasing non‑compliant tobacco products from a constitutional corporation, Export exception and physical elements of offences, Export exception for non‑compliant tobacco products, Note:          A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the, For the purposes of applying Chapter 2 of the, Powers to investigate contraventions of this Act, This Chapter applies the Regulatory Powers Act to enable authorised officers to enter premises and exercise investigation powers to determine whether there has been a contravention of any of the provisions of this Act or an offence against the, Power to require persons to give information, produce documents or answer questions, (a)  a person who is appointed or engaged under the, (aa)  a person who is appointed or engaged otherwise than under the, Note:          An authorised officer is eligible for reappointment (see section 33AA of the, (2)  Without limiting subsection (1), the regulations may, for the purposes of section 46 of the, s 17–27A, 33–36, 39, 42–46, 49–80 and 83–105: 1 Oct 2012 (s 2(1) items 2, 5, 7, 9, 11, 13), Sch 2 (item 348): 1 July 2016 (s 2(1) item 5), Regulatory Powers (Standardisation Reform) Act 2017 - C2017A00124, 5 Definition of package a tobacco product for retail sale, 6 Rules relating to surfaces of cigarette packs and cigarette cartons, 7 References to contraventions of civil penalty provisions, 10 Inconsistency with other Commonwealth legislation, 16 Implied freedom of political communication, 20 Prohibition on trade marks and marks generally appearing on retail packaging, 21 Requirements for brand, business, company or variant names, and relevant legislative requirements, 23 Retail packaging not to have inserts or onserts, 24 Retail packaging not to produce noise or scent, 25 Retail packaging must not change after retail sale, 26 Requirements for appearance of tobacco products, 27 Regulations may prescribe additional requirements, 28 Effect on the Trade Marks Act 1995 of non-use of trade mark as a result of this Act, 29 Effect on the Designs Act 2003 of failure to make products as a result of this Act, Part 2—General offences and civil penalty provisions for non-compliant retail packaging and tobacco products, Division 1—Non-compliant retail packaging of tobacco products, 31 Selling or supplying tobacco products in non-compliant retail packaging, 32 Purchasing tobacco products in non-compliant retail packaging, 33 Packaging tobacco products in non-compliant retail packaging, 34 Manufacturing non-compliant retail packaging of tobacco products, 35 Manufacturing tobacco products that are packaged in non-compliant retail packaging, 36 Certain supplies of tobacco products that have not been packaged for retail sale, Division 2—Non-compliant tobacco products, 37 Selling or supplying non-compliant tobacco products, 38 Purchasing non-compliant tobacco products, 39 Manufacturing non-compliant tobacco products, 40 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, 43 Manufacturing non-compliant retail packaging of tobacco products under a contract with a constitutional corporation, 44 Packaging tobacco products in non-compliant retail packaging bearing identifying mark of a constitutional corporation, 45 Manufacturing non-compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation, 46 Certain supplies, by or to a constitutional corporation, of tobacco products that have not been packaged for retail sale, 47 Selling or supplying non-compliant tobacco products to a constitutional corporation, 48 Purchasing non-compliant tobacco products from a constitutional corporation, 49 Export exception for non-compliant tobacco products, 80 Power to require persons to give information, produce documents or answer questions. 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