Australian Capital Territory Numbered Acts

TOBACCO PRODUCTS (HEALTH WARNINGS) (NO. 85 OF 1993) - SECT 6

6. Sections 4 to 8 (inclusive) of the Principal Act are repealed and the following sections and Schedules substituted:

“4. (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. (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. 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. (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—