Version No. 003
Tobacco Regulations 2007
S.R. No. 109/2007
Version incorporating amendments as at
23 August 2011
TABLE OF PROVISIONS
Regulation
1
Objective
2
Authorising provision
3
Revocation
4
Definition
5
Point of sale notices about tobacco products
6
Price tickets or labels
6A Retail outlet notices about tobacco products available for sale
7
Retail display area
8
Labelling of tobacco products
9
Retail outlet warning and cessation of smoking signage
10
Retail outlet prohibition of sale of tobacco to minors sign
11
Acknowledgment of consent
__________________
Page
1
1
1
1
1
4
7
7
8
8
9
10
SCHEDULES
11
SCHEDULE 1—Regulations Revoked
11
SCHEDULE 1A
12
PART A—GRAPHIC HEALTH WARNINGS FOR RETAIL
OUTLET POINT OF SALE NOTICES
12
PART B—STATEMENT FOR RETAIL OUTLET NOTICES
ABOUT TOBACCO PRODUCTS AVAILABLE FOR
SALE
13
SCHEDULE 2
14
PART 1—STATEMENTS FOR RETAIL OUTLET WARNING
SIGNS
14
PART 2—RETAIL OUTLET SIGN RELATING TO PROGRAMS
ASSISTING IN THE CESSATION OF SMOKING
17
i
Regulation
Page
SCHEDULE 3—Prohibition Of The Sale Of Tobacco Products To
Minors Sign
18
SCHEDULE 4—Entry, Search, Seizure and Taking Acknowledgement
of Consent
19
═══════════════
ENDNOTES
20
1. General Information
20
2. Table of Amendments
21
3. Explanatory Details
22
ii
Version No. 003
Tobacco Regulations 2007
S.R. No. 109/2007
Version incorporating amendments as at
23 August 2011
1 Objective
The objective of these Regulations is generally to
prescribe matters required or permitted by the
Tobacco Act 1987 to be prescribed or necessary
to be prescribed to give effect to that Act.
2 Authorising provision
These Regulations are made under section 43 of
the Tobacco Act 1987.
3 Revocation
The Regulations listed in Schedule 1 are revoked.
4 Definition
In these Regulations, the Act means the Tobacco
Act 1987.
5 Point of sale notices about tobacco products
(1) For the purposes of section 6(3)(ca) of the Act, the
prescribed requirements as to—
(a) the size of a notice is that the notice is not
larger than 15 metres by 15 metres;
(b) the information to be contained in a notice is
that the notice may contain any one or more
of the following—
(i) the product lines usually available for
sale;
(ii) the product flavours;
(iii) the pack numbers;
1
Reg. 5
amended by
S.R. No.
113/2010
reg. 5 (ILA
s. 39B(2)).
Tobacco Regulations 2007
S.R. No. 109/2007
r. 5
(iv) the product prices, including any
discount price information;
(c) the manner in which the information in a
notice is set out or displayed is that the
information—
(i) contains only lettering or numbers with
a width not greater than 15 centimetres
and a height not greater than
21 centimetres; and
(ii) contains letters or numbers printed or
written in black or white or in not more
than 4 colours, with no colour being
fluorescent; and
(iii) is not more distinctive than the
information in price tickets or labels
used within the premises; and
(iv) if price information, is printed or
written on only one side of the notice;
and
(v) if price information, is not highlighted
by any artificial lighting greater than
that used throughout the premises.
Reg. 5(2)
inserted by
S.R. No.
113/2010
reg. 5.
(2) For the purposes of section 6(3)(cab) of the Act,
the prescribed requirements as to—
(a) the size of a notice is that the notice is not
larger than 15 metres by 15 metres;
(b) the information to be contained in a notice is
that the notice may contain any one or more
of the following—
(i) the product lines usually available for
sale;
(ii) the product flavours;
(iii) the pack numbers;
2
Tobacco Regulations 2007
S.R. No. 109/2007
r. 5
(iv) the product prices, including any
discount price information;
(c) the manner in which the information in a
notice is set out is that the information—
(i) contains only lettering or numbers with
a width not greater than 15 centimetres
and a height not greater than
21 centimetres; and
(ii) contains letters or numbers printed or
written in black or white or in not more
than 4 colours, with no colour being
fluorescent; and
(iii) is not more distinctive than the
information in price tickets or labels
used within the premises; and
(iv) if price information, is printed or
written on only one side of the notice;
and
(v) if price information, is not highlighted
by any artificial lighting greater than
that used throughout the premises;
(d) the manner in which a notice is displayed is
that the notice is displayed with a sign that
complies with subregulation (3) displayed
either on, or immediately adjacent to, the
notice.
(3) The sign must—
(a) be a minimum A4 in size (210 millimetres in
height by 297 millimetres in width); and
(b) include one of the graphics referred to in
column 1 of the Table in Part A of
Schedule 1A and that graphic must—
(A) be printed in colour; and
3
Reg. 5(3)
inserted by
S.R. No.
113/2010
reg. 5.
Tobacco Regulations 2007
S.R. No. 109/2007
r. 6
(B) be a minimum of 119 millimetres in
height by 287 millimetres in width; and
(c) include the statement set out in column 2 of
the Table that corresponds to the graphic,
and that statement must be printed or
written—
(A) in capital letters; and
(B) in white lettering on a black
background; and
(C) in the maximum proportionate lettering
that can be accommodated within the
confines of the size of the notice; and
(d) include the words "Health Authority
Warning", and those words must—
(A) be printed or written in white lettering
on a black background; and
(B) be a minimum 90 millimetres by
6 millimetres in total size.
6 Price tickets or labels
(1) For the purposes of section 6(3)(cb) of the Act,
the prescribed requirements as to—
(a) the size of a price ticket or label is that the
price ticket or label is not greater than the
size of the largest immediate package of the
tobacco product on display;
(b) the information to be contained in a price
ticket or label is that the price ticket or label
may contain the price, including any
discount price information, of the product
line and any one or more of the following—
(i) the name of the product line;
(ii) the strength of the product line;
4
Tobacco Regulations 2007
S.R. No. 109/2007
r. 6
(iii) the flavour and the number of items
contained in the product line;
(iv) the average weekly sales of the product
line;
(v) any identifying category information
related to the product line;
(vi) a bar code or a similar identifying code
of the product line;
(vii) the country of origin of the product
line, including any symbol representing
the country of origin;
(c) the manner in which the information in a
price ticket or label is set out or displayed is
that the information—
(i) has a letter or number width not greater
than one centimetre and a letter or
number height not greater than
21 centimetres; and
(ii) is printed or written in black or white or
in not more than 4 colours, with no
colour being fluorescent; and
(iii) is not more distinctive than price tickets
or labels used in relation to other goods
within the premises; and
(iv) is not set out or displayed in such a way
that the information, taken together
with the information in one or more
other price tickets or labels, forms an
image or has a visual effect; and
(v) is not highlighted by any artificial
lighting greater than that used
throughout the premises.
5
Tobacco Regulations 2007
S.R. No. 109/2007
r. 6
(2) For the purposes of section 6(3)(cc) of the Act, the
prescribed requirements as to—
Reg. 6(2)(a)
amended by
S.R. No.
113/2010
reg. 6.
(a) the size of a price ticket or label is that the
price ticket or label is not greater than
50 millimetres in width by 70 millimetres in
height;
(b) the information to be contained in a price
ticket or label is that the price ticket or label
may contain the price, including any
discount price information, of the product
line and any one or more of the following—
(i) the name of the product line;
(ii) the strength of the product line;
(iii) the flavour and the number of items
contained in the product line;
(iv) a bar code or a similar identifying code
of the product line;
(v) the country of origin of the product
line, including any symbol representing
the country of origin;
(c) the manner in which the information in a
price ticket or label is set out is that the
information—
(i) has a letter or number width not greater
than one centimetre and a letter or
number height not greater than
21 centimetres; and
(ii) is printed or written in black or white or
in not more than 4 colours, with no
colour being fluorescent; and
6
Tobacco Regulations 2007
S.R. No. 109/2007
r. 6A
(iii) is not set out or displayed in such a way
that the information, taken together
with the information in one or more
other price tickets or labels, forms an
image or has a visual effect.
6A Retail outlet notices about tobacco products
available for sale
For the purposes of section 6(3)(d) of the Act, the
prescribed requirements as to—
(a) the size of a notice is that the notice is not
greater than A4 in size (210 millimetres in
width by 297 millimetres in height);
(b) the information to be contained in a notice is
that the notice must contain the statement set
out in Part B of Schedule 1A and be printed
or written—
(i) in black on a white background; and
(ii) in the maximum proportionate lettering
that can be accommodated within the
confines of the size of the notice;
(c) the manner in which the information in a
notice is set out or displayed is that the
information—
(i) is not more distinctive than the
information in other notices displayed
within the premises; and
(ii) is printed or written on only one side of
the notice; and
(iii) is not highlighted by any artificial
lighting greater than that used
throughout the premises.
7 Retail display area
For the purposes of section 6A(7) of the Act the
prescribed area of display is 4 square metres.
7
Reg. 6A
inserted by
S.R. No.
113/2010
reg. 7.
Tobacco Regulations 2007
S.R. No. 109/2007
r. 8
8 Labelling of tobacco products
For the purposes of section 11 of the Act,
packages in which tobacco prepared for smoking
is sold, or intended to be sold, by retail must be
labelled in accordance with the provisions of the
Trade Practices (Consumer Product Information
Standards) (Tobacco) Regulations 2004 of the
Commonwealth, other than regulation 20, and as
if in regulation 19(8) of those Regulations, the
references to "according to the testing methods
specified in regulation 20" and "according to those
testing methods" were revoked.
9 Retail outlet warning and cessation of smoking
signage
(1) For the purposes of section 15C(1)(a) and (2) of
the Act, the prescribed requirements for a health
warning sign are that—
(a) the sign must be a minimum A3 in size
(297 millimetres by 420 millimetres or
420 millimetres by 297 millimetres); and
(b) the sign must contain one of the statements
in Part 1 of Schedule 2 and be printed or
written—
(i) in black on a white background; and
(ii) in the maximum proportionate lettering
that can be accommodated within the
confines of the size of the sign; and
(c) the sign must be displayed in a manner that
ensures that it is clearly visible—
(i) at an entrance to the premises; or
(ii) at a point of sale on the premises.
8
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S.R. No. 109/2007
r. 10
(2) For the purposes of section 15C(1)(b) and (2) of
the Act, the prescribed requirements for a sign
relating to programs assisting in the cessation of
smoking are that—
(a) the sign must be a minimum A3 in size
(297 millimetres by 420 millimetres or
420 millimetres by 297 millimetres); and
(b) the sign must contain the statement in Part 2
of Schedule 2 printed or written—
(i) in black on a white background; and
(ii) in the maximum proportionate lettering
that can be accommodated within the
confines of the size of the sign; and
(c) the sign must be displayed in a manner that
ensures that it is clearly visible—
(i) at an entrance to the premises; or
(ii) at a point of sale on the premises.
10 Retail outlet prohibition of sale of tobacco to minors
sign
(1) For the purposes of section 15C(3) of the Act, the
prescribed sign relating to the prohibition of the
sale of tobacco products to persons under the age
of 18 years is the sign set out in Schedule 3.
(2) The prescribed sign must be—
(a) printed with a blue background and white
lettering; and
(b) a minimum A4 in size (210 millimetres in
width and 297 millimetres in height); and
(c) displayed in a manner that ensures that it is
clearly visible—
(i) at an entrance to the premises; or
(ii) at a point of sale on the premises.
9
Tobacco Regulations 2007
S.R. No. 109/2007
r. 11
(3) Nothing in this regulation prohibits the use of a
sign, in addition to the prescribed sign, that
conveys by way of graphics, pictures, symbols or
text a message about the prohibition of the sale of
tobacco products to persons under the age of
18 years.
11 Acknowledgment of consent
For the purposes of section 36D(3) of the Act, the
prescribed acknowledgment of consent by an
occupier of premises to an entry and search of the
premises and the seizure or taking of any thing
during the search must be in the form of
Schedule 4.
__________________
10
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 1
SCHEDULES
SCHEDULE 1
Regulation 3
REGULATIONS REVOKED
S.R. No.
Title
105/1997
Tobacco Regulations 1997
11/1998
Tobacco (Amendment) Regulations 1998
87/1999
Tobacco (Labelling) Regulations 1999
116/2000
Tobacco (Amendment) Regulations 2000
55/2001
Tobacco (Amendment) Regulations 2001
66/2002
Tobacco (Amendment) Regulations 2002
32/2003
Tobacco (Amendment) Regulations 2003
21/2006
Tobacco (Amendment) Regulations 2006
__________________
11
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 1A
SCHEDULE 1A
Sch. 1A
inserted by
S.R. No.
113/2010
reg. 8,
amended by
S.R. No.
87/2011 reg. 3.
PART A
Regulation 5(3)
GRAPHIC HEALTH WARNINGS FOR RETAIL OUTLET
POINT OF SALE NOTICES
TABLE
Column 1—Graphic
Column 2—Corresponding
statement
The graphic set out in item 204 of
Division 2.2.1 of Part 2.2 of Schedule 2 to
the Trade Practices (Consumer Product
Information Standards) (Tobacco)
Regulations 2004 of the Commonwealth
SMOKING CLOGS YOUR
ARTERIES
The graphic set out in item 205 of
Division 2.2.1 of Part 2.2 of Schedule 2 to
the Trade Practices (Consumer Product
Information Standards) (Tobacco)
Regulations 2004 of the Commonwealth
DON'T LET YOUR
CHILDREN BREATHE
YOUR SMOKE
The graphic set out in item 209 of
Division 2.2.1 of Part 2.2 of Schedule 2 to
the Trade Practices (Consumer Product
Information Standards) (Tobacco)
Regulations 2004 of the Commonwealth
SMOKING CAUSES
BLINDNESS
The graphic set out in item 210 of Division
2.2.1 of Part 2.2 of Schedule 2 to the Trade
Practices (Consumer Product Information
Standards) (Tobacco) Regulations 2004 of
the Commonwealth
SMOKING CAUSES
LUNG CANCER
The graphic set out in item 212 of
Division 2.2.1 of Part 2.2 of Schedule 2 to
the Trade Practices (Consumer Product
Information Standards) (Tobacco)
Regulations 2004 of the Commonwealth
SMOKING DOUBLES
YOUR RISK OF STROKE
12
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 1A
PART B
Regulation 6A
STATEMENT FOR RETAIL OUTLET NOTICES ABOUT
TOBACCO PRODUCTS AVAILABLE FOR SALE
__________________
13
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 2
SCHEDULE 2
PART 1
Regulation 9(1)
STATEMENTS FOR RETAIL OUTLET WARNING SIGNS
14
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 2
15
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 2
__________________
16
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 2
PART 2
Regulation 9(2)
RETAIL OUTLET SIGN RELATING TO PROGRAMS
ASSISTING IN THE CESSATION OF SMOKING
__________________
17
Tobacco Regulations 2007
S.R. No. 109/2007
Part 2
Sch. 3
SCHEDULE 3
Sch. 3
substituted by
S.R. No.
113/2010
reg. 9.
Regulation 10
PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO
MINORS SIGN
__________________
18
Tobacco Regulations 2007
S.R. No. 109/2007
Sch. 4
SCHEDULE 4
Regulation 11
Tobacco Act 1987 (section 36D)
ENTRY, SEARCH, SEIZURE AND TAKING
ACKNOWLEDGEMENT OF CONSENT
Name of inspector:
Details of premises:
Name of occupier:
Address:
Consent to entry and search:
Purpose of entry and search:
Statement of occupier—

 The inspector has informed me of the purpose of the search.

 I have been informed that I may refuse consent to the entry and
search of the premises.

 I have been informed that anything seized or taken with my consent
during the search may be used in evidence in proceedings.

 I consent to the entry and search of the premises.
Signature of occupier:
Date:
Time:
Consent to seizure and taking
Items to be seized:
Statement of occupier:
I consent to the seizure and taking of any items listed.
Signature of occupier:
Date:
═══════════════
19
Time:
Tobacco Regulations 2007
S.R. No. 109/2007
Endnotes
ENDNOTES
1. General Information
The Tobacco Regulations 2007, S.R. No. 109/2007 were made on 2 October
2007 by the Governor in Council under section 43 of the Tobacco Act 1987,
No. 81/1987 and came into operation on 2 October 2007.
The Tobacco Regulations 2007 will sunset 10 years after the day of making
on 2 October 2017 (see section 5 of the Subordinate Legislation Act 1994).
20
Tobacco Regulations 2007
S.R. No. 109/2007
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Tobacco Regulations
2007 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Tobacco Amendment Regulations 2010, S.R. No. 113/2010
Date of Making:
19.10.10
Date of Commencement:
1.1.11: reg. 3
Tobacco Amendment Regulations 2011, S.R. No. 87/2011
Date of Making:
23.8.11
Date of Commencement:
23.8.11
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
21
Tobacco Regulations 2007
S.R. No. 109/2007
Endnotes
3. Explanatory Details
No entries at date of publication.
22