Tobacco plain packaging
New legislation- key dates
Your roles and responsibilities
All tobacco products must comply
Supply and trading tips
About plain packaging
About the new health warnings
Enforcing the law
From 1 October 2012:
- All tobacco products manufactured or packaged in Australia, for the Australian market, must be in plain packaging.
- All tobacco products sold, offered for sale or otherwise supplied in Australia must be in plain packaging and be labelled with the new and expanded health warnings.
It is your responsibility to understand all of the tobacco plain packaging and new health warning requirements so you can meet your obligations under the laws.
You should not rely on your manufacturer or supplier to provide you with tobacco products that comply with the new laws.
Top of page
- Find out when your tobacco supplier can start supplying you with plain packaged tobacco products labelled with the new health warnings.
- Think carefully about how much non-plain packaged product with the old health warnings you hold and purchase from now on. This will minimise the quantity of non-compliant stock you may have left which will be illegal to sell after 1 December 2012.
- Find out from your tobacco supplier what will happen to any non-compliant stock you have after 1 December 2012 – for example, can you return that stock to your supplier?
- If you continue to import tobacco products in non-compliant packaging, you will need to ensure they are repackaged to meet the requirements of the Tobacco Plain Packaging Act 2011, the Tobacco Plain Packaging Regulations 2011 and the Competition and Consumer (Tobacco) Information Standard 2011.
Tobacco Plain Packaging Act 2011 and the Tobacco Plain Packaging Regulations 2011 set out the detailed plain packaging specifications, including:
- a requirement that tobacco retail packaging is a specified drab dark brown colour in a matt finish
- a prohibition on tobacco industry logos, brand imagery, colours and promotional text on tobacco products and retail packaging, other than brand and variant names in a standard colour, position, font style and size
- restrictions on the size of tobacco retail packaging
- restrictions on packaging format and materials for cigarette retail packaging.
Competition and Consumer (Tobacco) Information Standard 2011. The Information Standard:
- increases the health warning size to 75 per cent of the front surface of most tobacco product packaging
- maintains the health warning size of 90 per cent of the back surface of cigarette packaging
- increases the health warning size to 75 per cent of the back surface of most other tobacco product packaging
- requires health warnings on packaging of cigars sold as single items, previously exempt from the requirements.
Any enforcement action undertaken for breaches of the Tobacco Plain Packaging Act 2011 will be proportionate to the seriousness of the breach.
You should refer to the legislation for more information about offences and penalties.
D0832 July 2012
Top of page
The content in this publication is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth.
This brochure is intended to provide general information on the Tobacco Plain Packaging Act 2011, the Tobacco Plain Packaging Regulations 2011 and the Competition and Consumer (Tobacco) Information Standard 2011. It should not be used as a substitute for legal or other expert advice. All information in this publication is correct as at July 2012.
The Tobacco Plain Packaging Information Kit provides practical information on the responsibilities and obligations of retailers and other suppliers of tobacco products under the new Tobacco Plain Packaging Act 2011.
eHealth.gov.au is your gateway to Australia's personally controlled electronic health record system, linking you to information about eHealth records and the system itself. Visit www.ehealth.gov.au
On 20 April 2012, the Prime Minister and Minister Butler unveiled a comprehensive package of reforms to build a better, fairer, more sustainable and more nationally consistent aged care system.