10-113sr (Microsoft Word

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Tobacco Amendment Regulations 2010
S.R. No. 113/2010
TABLE OF PROVISIONS
Regulation
1
2
3
4
5
6
7
8
9
Page
Objective
Authorising provision
Commencement
Principal regulations
Point of sale notices about tobacco products
Price tickets or labels
New Regulation 6A inserted
6A
Retail outlet notices about tobacco products available
for sale
New Schedule 1A inserted
1
1
1
1
1
4
4
SCHEDULE 1A
5
4
5
PART A—GRAPHIC HEALTH WARNINGS FOR
RETAIL OUTLET POINT OF SALE NOTICES
5
PART B—STATEMENT FOR RETAIL OUTLET
NOTICES ABOUT TOBACCO PRODUCTS
AVAILABLE FOR SALE
7
Prohibition of the Sale of Tobacco Products to Minors Sign
8
SCHEDULE 3—Prohibition Of The Sale Of Tobacco
Products To Minors Sign
8
═══════════════
ENDNOTES
9
i
STATUTORY RULES 2010
S.R. No. 113/2010
Tobacco Act 1987
Tobacco Amendment Regulations 2010
The Governor in Council makes the following Regulations:
Dated: 19 October 2010
Responsible Minister:
DANIEL ANDREWS
Minister for Health
MATTHEW McBEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Tobacco Regulations 2007 in relation to tobacco
advertisements in retail outlets.
2 Authorising provision
These Regulations are made under section 43 of
the Tobacco Act 1987.
3 Commencement
These Regulations come into operation on
1 January 2011.
4 Principal regulations
In these Regulations, the Tobacco Regulations
20071 are called the Principal Regulations.
5 Point of sale notices about tobacco products
At the end of regulation 5 of the Principal
Regulations insert—
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S.R. No. 113/2010
"(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;
(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
2
Tobacco Amendment Regulations 2010
S.R. No. 113/2010
(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
(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—
3
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Tobacco Amendment Regulations 2010
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S.R. No. 113/2010
(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
In regulation 6(2)(a) of the Principal Regulations,
for "the size of the largest representation of an
immediate package of the tobacco product on
display" substitute "50 millimetres in width by
70 millimetres in height".
7 New Regulation 6A inserted
After regulation 6 of the Principle Regulations
insert—
"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;
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Tobacco Amendment Regulations 2010
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S.R. No. 113/2010
(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.".
8 New Schedule 1A inserted
After Schedule 1 to the Principal Regulations
insert—
"SCHEDULE 1A
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
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Column 1—Graphic
Column 2—Corresponding
statement
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
LUNCH 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
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Tobacco Amendment Regulations 2010
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PART B
Regulation 6A
STATEMENT FOR RETAIL OUTLET NOTICES ABOUT TOBACCO
PRODUCTS AVAILABLE FOR SALE
__________________".
7
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9 Prohibition of the Sale of Tobacco Products to
Minors Sign
For Schedule 3 to the Principal Regulations
substitute—
"SCHEDULE 3
Regulation 10
PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO
MINORS SIGN
__________________".
═══════════════
8
Tobacco Amendment Regulations 2010
S.R. No. 113/2010
ENDNOTES
1
Reg. 4: S.R. No. 109/2007.
9
Endnotes
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