On June 6, 2023, Australia issued the G/TBT/N/AUS/156 notification, aiming to merge eight existing tobacco - related laws, regulations, instruments, and court rulings into a new act - the Public Health (Tobacco and Other Products) Act 2023 and its implementing regulations. This act stipulates new systems and requirements, setting stricter norms for the advertising, sale, and packaging of tobacco and e - cigarette products.
The first chapter contains the preliminary matters of the act, including the effective date, purpose, definitions, and key concepts of the act.
Chapter 2 expands the scope of the Tobacco Advertising Prohibition Act 1992 to include advertising and sponsorship of e - cigarettes, and sets up criminal and civil penalties.
Chapter 3 establishes a new regime that sets out requirements for the plain packaging of tobacco products. This includes the requirements of the Tobacco Plain Packaging Act 2011, as well as new regulatory requirements. These provisions aim to restrict the way tobacco products are designed and marketed, preventing them from suggesting that certain products are less harmful. This chapter includes a series of criminal and civil penalty provisions related to dealing with non - compliant packaging.
Chapter 4 permanently prohibits certain regulated tobacco products, including chewing tobacco for oral use and snuff. This chapter is based on the existing ban in the Trade Practices Act 1974 - Consumer Protection Notice No. 10 of 1991 - Goods Permanently Prohibited. This chapter includes criminal and civil penalty provisions.
Chapter 5 sets out new reporting requirements, mandating manufacturers to report information on tobacco products sold and supplied in Australia, including advertising, promotional activities and expenditures, as well as research and development activities.
Chapter 6 provides for compliance with and enforcement of the Act, including the appointment and support of authorized officers, and civil penalty provisions.
Chapter 7 includes miscellaneous provisions, including those related to delegations and constitutional provisions.
Due to the implementation of tobacco control reforms and non - regulatory measures, Australia has become one of the countries with the lowest smoking rates in the world. However, for related enterprises, it is necessary to have an in - depth understanding of the Public Health (Tobacco and Other Products) Act 2023 and its implementing regulations, strengthen risk analysis and quality control, and take corresponding adjustment measures to avoid unnecessary economic losses.
Overall, the introduction of this Act marks an important step forward in the regulation of tobacco and e - cigarette products in Australia. This not only provides protection for public health but also sets new industry standards and norms for related enterprises.
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