(b) within 14 days of so ceasing, the person does not return the person’s identity card to the Secretary. (b) the warrant is still in force when the order is revoked or reversed. Sections 18 to 27 have no legal effect other than to specify requirements, and provide for regulations specifying requirements, for the purposes of the definition of tobacco product requirement in subsection 4(1). (4) An issuing officer who is a Judge of a court created by the Parliament, or a Federal Magistrate, exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power: (a) as the court of which the issuing officer is a member; or. (2) To avoid doubt, for the purposes of paragraph 42(b) of the Trade Marks Act 1995, this Act does not have the effect that the use of a trade mark in relation to tobacco products would be contrary to law. (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the provision. (4) An authorised officer may require answers provided under paragraph (2)(c) to be verified by, or given on, oath or affirmation and either orally or in writing. 21 Requirements for brand, business, company or variant names, and relevant legislative requirements, Requirements for brand, business, company or variant name—general. (e) retail packaging after retail sale. Compilation date: 6 November 2018, Includes amendments up to: Act No. Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. (b) a warrant signed by an issuing officer under section 76. Note 2: Offences and civil penalties apply to the supply, purchase and manufacture etc. (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. Note: Part 2 of Chapter 3 contains general offences and civil penalty provisions for non‑compliant retail packaging and tobacco products. (f) the person affixes or otherwise attaches an onsert to the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging). means a law, or a provision of a law, that regulates the retail packaging or appearance of tobacco products. , 2011 1 1 A Bill for an Act to discourage the use of tobacco 2 products, and for related purposes 3 The Parliament of Australia enacts: 4 Chapter 1—Preliminary 5 Part 1—Preliminary 6 7 ^1 Short title 8 This Act may be cited as the Tobacco Plain Packaging Act 2011. 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. The equipment may be secured by locking it up, placing a guard or any other means. 48 Purchasing non‑compliant tobacco products from a constitutional corporation, Part 4—Export exception and physical elements of offences, 49 Export exception for non‑compliant tobacco products. of tobacco products that do not comply with any requirements specified in the regulations (see Chapter 3). Governments proposing plain packaging should consider which objectives are relevant for them, but it is recommended that governments take a broad inclusive approach to the aims (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. (a) a Judge of a court created by the Parliament; or, (c) a Deputy President of the Administrative Appeals Tribunal; or. means a roll of cut tobacco for smoking, enclosed in paper. (1) Each civil penalty provision in this Act is enforceable under Part 4 of the Regulatory Powers Act. (4) If it is practicable to do so, before making the application, the authorised officer or person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension. (4) Subsection (3) does not apply to the extent (if any) that its application would infringe section 92 of the Constitution. A person packages a tobacco product for retail sale if: (a) the person places the tobacco product directly into a container for retail sale; or, (b) the person places a container, in which the tobacco product has been directly placed, into a larger container for retail sale; or, (c) the person covers the retail packaging of the tobacco product (within the meaning of paragraph (a) or (b) of the definition of retail packaging) with a plastic or other wrapper; or, (d) the person covers the tobacco product, being a tobacco product that is for retail sale, with a plastic or other wrapper; or, (e) the person places an insert inside the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging); or. Objects of this Act 4. (5) The pecuniary penalty must not be more than: (a) if the person is a body corporate—5 times the amount of the pecuniary penalty specified for the civil penalty provision; and. (iii) otherwise supplies (whether or not for consideration) a tobacco product; (b) that other person is a constitutional corporation; and, (c) at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and. (f) the person affixes or otherwise attaches an onsert to the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of the definition of retail packaging). (c) must do so in accordance with a direction given to the person assisting by the authorised officer. (2) The right to observe the execution of the warrant ceases if the occupier or other person impedes that execution. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). Note: For the definition of tobacco advertising and promotion, see section 4. (3) The following are not required to be the colour mentioned in paragraph (2)(b): (i) the brand, business or company name, or variant name (if any), for the tobacco products; and. (4) The period specified must not exceed 3 years. (2) This Act does not exclude or limit the application of a relevant tobacco law of a State or Territory to particular conduct if: (a) that conduct constitutes an offence against, or a contravention of a civil penalty provision in, this Act; and. (3) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1). Legislation history and amendment history—Endnotes 3 and 4. Civil penalty: 2,000 penalty units. Selling or supplying tobacco products in non‑compliant retail packaging. (5) If an authorised officer has entered premises because of the consent of the occupier of the premises, the authorised officer, and any person assisting the authorised officer, must leave the premises if the consent ceases to have effect. (2) The search powers include the following powers in relation to evidential material described in subsection (1) found in the exercise of the power under that subsection: (a) if entry to the premises is under a warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection; (b) the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises; (c) the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or. 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