Australian Capital Territory
Tobacco Products (Health Warnings) Act 1986
A1986-49
Republication No 2 (RI)
Effective:  1 April 1994 – 8 December 1998
Republication date of printed version: 1 April 1994
Reissued electronically: 10 November 2008
Last amendment made by A1993-85

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Tobacco Products (Health Warnings) Act 1986 effective 1 April 1994 to 8 December 1998.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

tobacco products (Health Warnings) 
act 1986
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

TABLE OF PROVISIONS
Section
	1.	Short title
	3.	Interpretation
	4.	Labelling of packages
	5.	Type and appearance of required labelling
	6.	Rotation of warnings
	7.	Completing the prescribed information
	8.	Required labelling not to be removable etc.
	9.	Prohibited words
	10.	Containers without warnings
schedule 1
labelling requirements for packages
schedule 2
prescribed warnings
schedule 3
prescribed information

Australian Capital Territory

tobacco products (Health Warnings) 
act 1986

An Act to provide for the printing of health warnings on containers in which certain tobacco products are packaged
1. 	Short title
	This Act may be cited as the Tobacco Products (Health Warnings) Act 1986.1
3. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“brand name”, in relation to a container, carton or wrapping, or a label on a carton or wrapping, means the brand name of the tobacco product in the container, carton or wrapping;
“package”, in relation to a tobacco product, means a package—
	(a)	in which the product is packed by the manufacturer; and
	(b)	that immediately contains the product;
“prescribed information” means the prescribed information in clause 1 of Schedule 3;
“prescribed warning” means a warning consisting of Parts A and B of an item in Schedule 2;
“required labelling” means the labelling described in, or determined under, section 4;
 “sell” includes—
	(a)	barter or exchange;
	(b)	offer or expose for sale, barter or exchange;
	(c)	supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and
	(d)	supply, or offer to supply, gratuitously with a view to gaining or maintaining custom or otherwise with a view to commercial gain;
“tobacco product” means tobacco, a cigarette or cigar or any other product—
	(a)	a substantial ingredient of which is tobacco; and
	(b)	that is designed for human consumption or use;
but excludes nicotine and any product containing nicotine to which the Poisons Act 1933 applies.
(2) 	A reference in this Act to the surface of a package is a reference to the external surface of the package.
(3) 	If a package is individually wrapped in material that is not wholly transparent so as to allow the required labelling on the package to be readable, a reference in this Act (except section 7) to a package is to be taken to include a reference to that material.
4. 	Labelling of packages
(1) 	A package in a class specified in Column A of an item in Schedule 1 shall be labelled—
	(a)	subject to section 6, with Part A of a prescribed warning—
	(i)	positioned in the manner, and filling the area on the package, specified in Column B of that item; and
	(ii)	bordered by a black line;
	(b)	with Part B of that prescribed warning—
	(i)	positioned in the manner, and filling the area on the package, specified in Column C of that item; and
	(ii)	bordered by a black line; and
	(c)	with the prescribed information—
	(i)	positioned in the manner, and filling the area on the package, specified in Column D of that item; and
	(ii)	bordered by a black line.
(2) 	A class of package not specified in Column A of Schedule 1 shall be referred to the Minister for a determination under subsection (3).
(3) 	The Minister shall, on referral, determine in writing—
	(a)	whether the whole, specified portions, or none, of the prescribed warnings and the prescribed information shall be required labelling for the class of package; and
	(b)	the position of the required labelling and the area to be occupied by it on a package in that class (being not less than 25% and not greater than 30% of the area of a package).
(4) 	A package in a class that is the subject of a determination under subsection (3) shall be labelled in accordance with the determination.
5. 	Type and appearance of required labelling
(1) 	The required labelling on a package shall be in black Helvetica type on a white background.
(2) 	The size of the type shall be consistent within each of the following:
	(a)	Part A of a prescribed warning;
	(b)	Part B of a prescribed warning;
	(c)	the prescribed information.
(3) 	A word or number in a prescribed warning or the prescribed information that appears in this Act in bold type or upper case shall appear in the required labelling on a package similarly in bold type or upper case.
(4) 	The area on a package required to be occupied by required labelling shall not contain any matter other than that required by this Act.
(5) 	The black line bordering a Part of a prescribed warning or the prescribed information shall be not less than 0.3 millimetres and not greater than 0.5 millimetres thickness.
6. 	Rotation of warnings
	Where the required labelling for a class of package includes the whole, a Part, or any other portion, of a prescribed warning, a person who manufactures or imports tobacco products in that class of package shall ensure that each prescribed warning or the required Part or portion of each prescribed warning, as the case may be, is used in labels on packages in that class with equal frequency during any 12 month period beginning on 1 July.
Penalty:
	(a)	if the offender is a natural person—$500;
	(b)	if the offender is a body corporate—$2,500.
7. 	Completing the prescribed information
(1) 	For the purpose of making the necessary insertions to complete the prescribed information on a package of cigarettes, the amount of tar, nicotine and carbon monoxide contained in the smoke from cigarettes in the package shall be determined in accordance with—
	(a)	the following ISO standards:
		ISO 8243:1991; ISO 3402:1991; ISO 3308:1991; ISO 4387:1991; ISO 10315:1991; ISO 10362:1991; ISO 8454:1987; or
	(b)	if the manufacturer notifies the Minister in writing of the standards proposed to be used—any other ISO standards for determining the tar, nicotine and carbon monoxide content of cigarette smoke.
(2) 	The Minister shall publish the reference number of any standard notified under paragraph (1) (b) in the Gazette.
(3) 	In this section—
“ISO standard” means a standard of the International Organization for Standardization;
“reference number”, in relation to an ISO standard, means the letters ‘ISO’ followed by a number.
8. 	Required labelling not to be removable etc.
(1) 	No portion of the required labelling on a package shall be able to be removed from the package.
(2) 	No portion of the required labelling on a package shall be destroyed or become unreadable when the package is opened in the normal way.
9. 	Prohibited words
(1) 	In this section—
“prohibited words” means words that—
	(a)	contradict or tend to contradict the content of any required labelling on a package;
	(b)	comment on, refer to, or explain the content of or the requirement for any required labelling on a package; or
	(c)	directly or indirectly attribute the content of Part A of a prescribed warning to any person.
(2) 	A package shall not be labelled with or bear prohibited words.
(3) 	A package shall not be sold containing anything on which there are prohibited words.
Penalty:
	(a)	if the offender is a natural person—$1,000;
	(b)	if the offender is a body corporate—$5,000.
10. 	Containers without warnings
	A person shall not sell a tobacco product unless it is in a package that complies with this Act.
Penalty:
	(a)	if the offender is a natural person—$5,000 or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—$25,000.

	SCHEDULE 1	Section 4
LABELLING REQUIREMENTS FOR PACKAGES

Column A	Column B	Column C	Column D	
CLASS OF PACKAGE	POSITION OF PART A OF PRESCRIBED WARNING AND AREA TO BE OCCUPIED BY IT	POSITION OF PART B OF PRESCRIBED WARNING AND AREA TO BE OCCUPIED BY IT	POSITION OF PRESCRIBED INFORMATION AND AREA TO BE OCCUPIED BY IT	
1.  Box or packet with flip-top, or square or rectangular box or tin, containing cigarettes.  (This class includes packages known in the trade as “shell and slide” and ones known as “hinge lid”.)	Position:
On the front of the package at the top and across the full width of the package.
Area:
Not less than 25% of the whole of the front of the package.	Position:
On the back of the package at the top and across the full width of the package.
Area:
Not less than of the whole of the back of the package.	Position:
On one of the long sides of the package.
Area:
The whole of the long side of the package excluding the part that forms part of the lid (if any).	
2.  Soft packet (known in the trade as “soft cup”) containing cigarettes.	Position:
On the front of the package not more than 15 mm below the top of the package and across the full width of the package .
Area:
Not less than 25% of the whole of the front of the package.	Position:
On the back of the package not more than 15 mm below the top of the package and across the full width of the package.
Area:
Not less than of the whole of the back of the package.	Position:
On one of the long sides of the package.
Area:
The whole of the long side of the package.
	
3.  Pouch or wallet containing loose tobacco.	Position:
On the front of the package at the top and across the full width of the package.
Area:
Not less than 25% of the whole of the front of the package.	Position:
On the back of the package but not on any flap that folds over the back.
Area:
Not less than of the whole of the back of the package.	Not required.	
4.  Box or tin containing loose tobacco.	Position:
On the lid of the package.
Area:
Not less than 25% of the whole of the lid of the package.	Position:
On the back of the box or tin.
Area:
Not less than of the whole of the back of the package.	Not required.	
5.  Box or tin containing cigars.	Position:
On the front of the package.
Area:
Not less than 25% of the whole of the front of the package.	Not required.	Not required.	
6.  Individual cigars.	Not required.	Not required.	Not required.	

	SCHEDULE 2	Sections 4, 5 and 6
PRESCRIBED WARNINGS
Part A
	Part B
	
1.	SMOKING CAUSES 
	LUNG CANCER	HEALTH AUTHORITY WARNING
LUNG CANCER.  Tobacco smoke contains many cancer-causing chemicals.  When the smoke is breathed in, these chemicals can damage the lungs, and can cause cancer.   Lung cancer is the most common cancer caused by smoking.  Lung cancer usually grows and spreads before it is noticed.  In most cases, it kills rapidly.
For help call the Quit Line:  13 1848
	
2.	SMOKING CAUSES 
	HEART DISEASE
	HEALTH AUTHORITY WARNING
HEART DISEASE.  Tobacco smoking is a 
major cause of heart disease.  It is a cause of blockages in the body’s arteries, which can 
lead to chest pain and heart attack.  Heart attack is the most common cause of death in Australia.  Smokers have double the chance of 
a heart attack compared to people who don’t 
smoke.
For help call the Quit Line:  13 1848
	
3.	SMOKING KILLS	HEALTH AUTHORITY WARNING
DEATH.  Tobacco smoking causes more illness and early death than the use of any other drug in Australia.  It kills almost three times as many people as are killed by alcohol and all other drugs, combined.  Six times more people die from the effects of smoking each year than from car accidents.
For help call the Quit Line:  13 1848
	
4.YOUR SMOKING CAN 
	HARM OTHERS	HEALTH AUTHORITY WARNING
HARM TO OTHERS.  Other people who 
breathe your tobacco smoke can be harmed.  Your smoking can increase their risk of lung cancer and heart disease.  Children who breathe your smoke are more likely to be taken to hospital with asthma, and chest illnesses.
For help call the Quit Line:  13 1848
	
5.	SMOKING IS 
	ADDICTIVE	HEALTH AUTHORITY WARNING
ADDICTION.  Tobacco smoking is addictive.  Nicotine, a drug in tobacco, makes smokers feel like they need to smoke.  The more you smoke, the more your body will depend on getting nicotine, and you can find yourself  hooked.  Strong cravings for nicotine can make it difficult to give up.
For help call the Quit Line:  13 1848
	
6.	SMOKING WHEN 
	PREGNANT 
	HARMS YOUR BABY	HEALTH AUTHORITY WARNING
HARM TO UNBORN BABIES.  Tobacco smoking in pregnancy can harm the unborn child.  Poisons in cigarette smoke reach the baby through the bloodstream.  If you smoke when you are pregnant you double the chance of having a baby of low birth-weight.  This risks the baby’s health.
For help call the Quit Line:  13 1848

	SCHEDULE 3	Section 4
PRESCRIBED INFORMATION
	The following, with such insertions as are necessary due to the contents of the package, is the prescribed information:
	“
The smoke from each cigarette* contains:
...milligrams of tar (condensed tobacco smoke containing many chemicals, 
including some that cause cancer);
...milligrams of nicotine (a poison and addictive drug);
...milligrams of carbon monoxide (a deadly gas which reduces the ability of 
blood to carry oxygen).
*individual cigarettes may vary from this yield
	”.

NOTE
1.	The Tobacco Products (Health Warnings) Act 1986 as shown in this reprint comprises Act No. 49, 1986 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Tobacco Products (Health Warnings) Ordinance 1986	49, 1986	28 Aug 1986	Ss. 1, 2 and 7 (2):  1 July 1987
Remainder:  1 Sept 1987		
Tobacco Products (Health Warnings) (Amendment) Ordinance 1987	22, 1987	15 June 1987	15 June 1987	S. 11	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Tobacco Products (Health Warnings) (Amendment) Act 1993	85, 1993	3 Dec 1993	Ss. 1-3:  3 Dec 1993
Remainder:  1 Apr 1994 	Ss. 2 (3),
7 and 8	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	rs. No. 22, 1987
	rep. Act No. 85, 1993
S. 3	am. No. 22, 1987; Act No. 85, 1993
Ss. 4, 5	am. No. 22, 1987
	rs. Act No. 85, 1993
S. 6	rs. No. 22, 1987; Act No. 85, 1993
S. 7	am. No. 22, 1987
	rs. Act No. 85, 1993
S. 7A	ad. No. 22, 1987
	rep. Act No. 85, 1993
S. 8	rs. Act No. 85, 1993
S. 9	rep. No. 22, 1987
	ad. Act No. 85, 1993
S. 10	ad. Act No. 85, 1993
Schedules1-3	ad. Act No. 85, 1993

©  Australian Capital Territory 2008