Australian Capital Territory
Tobacco Regulations 1991     No 11
made under the
Tobacco Act 1927
Republication No 1
Republication date: 19 September 2001
Last amendment made by SL 2001 No 37
Amendments incorporated to 12 September 2001

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Tobacco Regulations 1991, made under the Tobacco Act 1927 as in force on 19 September 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendments made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
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.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Tobacco Regulations 1991
made under the
Tobacco Act 1927
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
Part 2	Vending machine notices
	4	Statement on vending machine	3
Part 3	Health warning notices
	5	Application—Act, s 22	4
	6	Health warning notices—how displayed	4
	7	Health warning notices—text of notice	5
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Table of legislation	8
	4	Amendment history	8
	5	Uncommenced amendments	9

Amendments incorporated to
12 September 2001

Australian Capital Territory
Tobacco Regulations 1991     

made under the
Tobacco Act 1927

    

  

Part 1	Preliminary
1	Name of regulations
These regulations are the Tobacco Regulations 1991.

Part 2	Vending machine notices
4	Statement on vending machine
For the Act, section 16 (2), the following form of statement is prescribed:
‘The sale or supply of cigarettes and other smoking products to persons under the age of 18 years is prohibited.
Penalty:  $1,000.’.

Part 3	Health warning notices
5	Application—Act, s 22
This part prescribes the requirements for the display of a health warning notice by the occupier of a retail or wholesale outlet at or adjacent to each point of sale display (other than a vending machine) at the outlet.
6	Health warning notices—how displayed	
	(1)	The notice must be displayed so that it is clearly visible from the customer service area of the point of sale.
	(2)	The notice must be displayed so that its lowest point is at least 1m above the floor, as measured from the highest point on the seller’s side of the point of sale.
	(3)	The notice must have nothing attached to it (unless necessary for its support).
	(4)	The notice must have an unbroken flat, white surface the size of which is at least the larger of the following:
	(a)	10% of the total display surface area of the point of sale display, or 1m2, whichever is smaller;
	(b)	619cm2.
Note		619cm2 is the size of an A4 sheet of paper.
Examples
1	The total display surface area of a point of sale display is 11m2.  The smallest permissible size for a health warning notice at or adjacent to the point of sale display is 1m2 (see reg (4) (a)).
2	The total display surface area of a point of sale display is 7m2.  The smallest permissible size for a health warning notice at or adjacent to the point of sale display is 700cm2 (see reg (4) (a)).
3	The total display surface area of a point of sale display is 5m2.  The smallest permissible size for a health warning notice at or adjacent to the point of sale display is 619cm2 (see reg (4) (b)).
	(5)	The area of the smallest rectangle that can be drawn around the text (and any graphics) in the notice must represent at least 80% of the total area of the notice.
	(6)	In this regulation:
total display surface area, of a point of sale display, means the total surface area of all the following elements of the display (not including any intermediate areas within the point of sale):
	(a)	representations of immediate packages of smoking products;
	(b)	the displayed faces of immediate packages of smoking products;
	(c)	the transparent tops (or front, if the cabinet is mounted vertically) of each display cabinet or humidor of smoking products at the point of sale display;
	(d)	the area of the lid of each open and closed cigar box on display, unless contained in a display cabinet or humidor;
	(e)	for a wholesale outlet—the area of the displayed side of each carton of a product line on display.
7	Health warning notices—text of notice
	(1)	If any tobacco products are sold at the point of sale, the notice must show 1 of the following health warnings:
	(a)	‘Smoking can cause a slow and painful death.’;
	(b)	‘The secret to quitting smoking?  Do it while you’re alive.’;
	(c)	‘Smoking reduces your ability to get it up.’;
	(d)	‘Smoking kills.’;
	(e)	‘Smoking is addictive.’.
	(2)	If a warning mentioned in subregulation (1) (a), (b) or (c) is shown on the notice, the following 2 notes must be shown beneath the warning, in letters no more than half as high as the letters of the warning, in upper and lower case as indicated, with the 1st note on a single line and the 2nd note starting on a new line beneath the 1st note:
·	‘Government Health Warning’
·	‘For help in stopping smoking, ring the QUITline on 131 848’.
	(3)	If the warning mentioned in subregulation (1) (c) is shown on the notice, the following text must be shown beneath the warning and above the 1st note mentioned in subregulation (2), in letters smaller than those of the warning and larger than those of the note:
‘Men who smoke are twice as likely to become impotent.’.
	(4)	If a warning mentioned in subregulation (1) (d) or (e) is shown on the notice, the following note must be shown beneath the warning, in letters no more than half as high as the letters of the warning, in upper and lower case as indicated, on a single line:
		‘Government Health Warning’.
	(5)	All text on the health warning notice must be shown—
	(a)	in black letters and sans serif type; and
	(b)	in a form that is reasonably readable from the customer service area of the point of sale.
	(6)	No other text, and no graphics, may be shown on the health warning notice.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Table of legislation
Tobacco Regulations 1991 No 11
notified 1 May 1991
commenced 1 May 1991
as amended by
Tobacco Amendment Act 2000 No 16 sch 3 pt 2
notified 20 April 2000 (Gaz 2000 No 16) 
s 1, s 2 commenced 20 April 2000 (IA s 10B)
sch 3 pt 2 commenced 1 July 2000 (s 2 (3))
Smoking Products Legislation Amendment Act 2000 No 53 pt 3 
notified 5 October 2000 (Gaz 2000 No 40)
pt 3 (s 12) commenced 5 October 2000 (s 2(1))
Legislation (Consequential Amendments) Act 2001 No 44 pt 384
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 384 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Tobacco Regulations Amendment SL 2001 No 37
notified LR 19 September 2001
reg 1 commenced 19 September 2001 (LA s 75)
regs 2-4 and 6 commenced 19 September 2001 (reg 1 and see LA s 73 (3))
remainder (regs 5, 7 and 8) commence 17 December 2001 (reg 1)
4	Amendment history
Preliminary
pt 1 hdg	ins SL 2001 No 37 reg 3
Name of regulations
reg 1	sub Act 2000 No 16 sch 3 pt 2
Commencement
reg 2	om Act 2001 No 44 amdt 1.4048
Interpretation
reg 3	om Act 2001 No 44 amdt 1.4048
Vending machine notices
pt 2 hdg	ins SL 2001 No 37 reg 4
Statement on vending machine
reg 4	am Act 2000 No 16 sch 3 pt 2; Act 2000 No 53 s 12; SL 2001 No 37 reg 5
Health warning notices
pt 3 hdg	ins SL 2001 No 37 reg 6
Application—Act, s 22
reg 5	ins SL 2001 No 37 reg 6
Health warning notices—how displayed
reg 6	ins SL 2001 No 37 reg 6
Health warning notices—text of notice
reg 7	ins SL 2001 No 37 reg 6
	sub SL 2001 No 37 reg 7
5	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Tobacco Regulations Amendment SL 2001 No 37
5	Regulation 4
omit
Penalty:  $1,000.
substitute
Maximum penalty:  $5 000 for an individual, or $25 000 for a corporation.
7	Regulation 7
substitute
7	Health warning notices—text of notice
	(1)	If any tobacco products are sold at the point of sale, the notice must show 1 of the following health warnings:
	(a)	‘Smoking can cause a slow and painful death.’;
	(b)	‘The secret to quitting smoking?  Do it while you’re alive.’;
	(c)	‘Smoking reduces your ability to get it up.’;
	(d)	‘Smoking kills.’;
	(e)	‘Smoking is addictive.’.
	(2)	If only herbal products are sold at the point of sale, the notice must show the following health warning:
‘When you smoke, you inhale tar and carbon monoxide.’.
	(3)	The following 2 notes must be shown on the notice beneath the health warning (under subregulation (1) or (2)), in letters no more than half as high as the letters of the warning, in upper and lower case as indicated, with the 1st note on a single line and the 2nd note starting on a new line beneath the 1st note:
·	‘Government Health Warning’
·	‘For help in stopping smoking, ring the QUITline on 131 848’.
	(4)	If the warning mentioned in subregulation (1) (c) is shown on the notice, the following text must be shown beneath the warning and above the 1st note mentioned in subregulation (3), in letters smaller than those of the warning and larger than those of the note:
‘Men who smoke are twice as likely to become impotent.’.
	(5)	All text on the health warning notice must be shown—
	(a)	in black letters and sans serif type; and
	(b)	in a form that is reasonably readable from the customer service area of the point of sale.
	(6)	No other text, and no graphics, may be shown on the health warning notice.
8	Renumbering—Tobacco regulations
renumber provisions when regulations next republished under Legislation Act 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001