Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 178

Main constitutional basis

  (1)   Subject to subsection   (2), this Act relies on the Commonwealth's legislative power under paragraph   51(xxix) (external affairs) of the Constitution as it relates to giving effect to Australia's obligations under the Convention on Tobacco Control.

Section does not apply to certain provisions

  (2)   This section does not apply to the following provisions of this Act:

  (a)   Part   2.4 (prohibition of e - cigarette advertisements);

  (b)   Part   2.5 (prohibition of e - cigarette sponsorships);

  (c)   Part   3.5 (offences and civil penalty provisions relating to constitutional corporations--tobacco product requirements);

  (d)   Chapter   4 (permanent bans on certain tobacco products).

Note:   The provisions mentioned in this subsection have limited constitutional operation.