Australia

COMMENTS: The Air Navigation Regulations govern air navigation and prohibit smoking on all domestic and international aircraft.

COMMENTS: The Interstate Road Transport Regulations 1986 regulate interstate road transport and, among other things, prohibit smoking on federally registered interstate buses.

COMMENTS: The Therapeutic Goods Act 1989 provides for, among other things, the penalties for violating restrictions on the sale of tobacco. The uploaded file contains amendments through January 1, 2019.

COMMENTS: Consumer Protection Notice No. 10 of 1991 prohibits the sale of chewing tobacco and snuff intended for oral use.

COMMENTS: The Broadcasting Services Act 1992 regulates broadcasting and, among other things, defines “broadcast services” for purposes of Sections 8 and 13 of the Tobacco Advertising Prohibition Act of 1992. The uploaded document contains only an excerpted portion of the law - Sections 1-6. To see the law in its entirety, please use the link provided.

COMMENTS: The Tobacco Advertising Prohibition Act of 1992 regulates tobacco advertising, promotion and sponsorship. The law went into effect on December 24, 1992 upon receiving royal assent. However, some provisions were subject to different effective dates, as specified in Section 2 of the Act. The version of the legislation posted here is current through October 4, 2012.

COMMENTS: The Tobacco Advertising Prohibition Regulations were issued under the Tobacco Advertising Prohibition Act to implement the Act and address acknowledgment of sponsorship and point of sale advertising.

COMMENTS: The Airports (Control of On-Airport Activities) Regulations 1997 regulate, among other things, smoking in airports.

COMMENTS: The Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 were issued under the Trade Practices Act 1974, which were later replaced by the Competition and Consumer Act 2010. These regulations govern tobacco product packaging and labeling.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Competition and Consumer Act 2010, Schedule 2, contains the Australian Consumer Law, which provides the authority for the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 and provides penalties for violations of the regulations. The uploaded document contains relevant excerpts of Schedule 2 of the law - Chapter 2, Part 1; Chapter 3, Part 1, Division 1; and Chapter 5, Part 2. To see the law in its entirety, please use the link provided.

COMMENTS: The revisions made by the Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 make it easier for the government to quickly remedy any unintended interaction between the Tobacco Plain Packaging Act 2011 and legislation governing trade marks.

COMMENTS: The Competition and Consumer (Tobacco) Information Standard 2011 establishes new sets of graphic health warnings for smoked and smokeless tobacco. As of December 1, 2012, all products on the market must display these warnings.

COMMENTS: The Tobacco Plain Packaging Regulations 2011 (as amended) provide the specific details on how the plain packaging requirements are to be implemented for both cigarettes and non-cigarette tobacco products. The uploaded regulations incorporate changes made by the Tobacco Plain Packaging Amendment Regulations 2012 (No. 1).

COMMENTS: The Tobacco Plain Packaging Act 2011 requires plain packaging of tobacco products. As of December 1, 2012, any tobacco products available for retail sale in Australia must meet plain packaging requirements. The Act sets forth requirements for every aspect of tobacco packaging, including shape, color, material, and lining; and permits no trademarks, marks, inserts, onserts, or other promotional features on tobacco product packaging.

COMMENTS: The Competition and Consumer (Tobacco) Amendment Information Standard 2012 (No. 1) replaces one of the images in the second set of graphic health warnings prescribed in the Competition and Consumer (Tobacco) Information Standard 2011.

COMMENTS: The Competition and Consumer (Tobacco) Amendment (Rotation of Health Warnings) Information Standard 2013 provides minor amendments to the Competition and Consumer (Tobacco) Information Standard 2011 to place the responsibility of rotation of graphic health warnings on the manufacturer and the importer.

COMMENTS: The Therapeutic Goods (Standard for Nicotine Vaping Products) (TGO 110) Order 2021 establishes standards for unregistered e-cigarettes containing nicotine. These standards include minimum requirements for quality and safety, such as those related to packaging and labeling, ingredients, and nicotine content.

COMMENTS: The Therapeutic Goods (Poisons Standard — July 2023) Instrument 2023 was issued under the Therapeutic Goods Act 1989 and classifies poisons into schedules. Nicotine is classified as a "Dangerous Poison" under Schedule 7, with exceptions for prescription-only medicines (under Schedule 4), therapeutic use, and in tobacco prepared for smoking.