Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian hosting service provider" has the same meaning as in the Online Safety Act 2021 .
"authorised officer" means a person appointed as an authorised officer under subsection 150(1).
"brand name" , in relation to a tobacco product, means the name under which the tobacco product is sold or supplied, or offered for sale or supply.
Note: A brand name must not be or include a prohibited term (see section 85).
"carriage service provider" has the same meaning as in the Telecommunications Act 1997 .
"carrier" has the same meaning as in the Telecommunications Act 1997 .
"cigar" means a roll of cut tobacco for smoking that is enclosed in tobacco leaf or the leaf of another plant.
"cigarette" means a roll of cut tobacco for smoking that is enclosed in paper.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories; or
(e) within a Territory.
"container" includes (without limitation) any pack, carton, box, tin, packet, bag, pouch, tube or other container.
"Convention on Tobacco Control" means the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003.
Note: The Convention is in Australian Treaty Series 2005 No. 7 ([2005] ATS 7) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"Copyright Act" means the Copyright Act 1968 .
"Department of Home Affairs" means the Department administered by the Minister for Home Affairs.
"Designs Act" means the Designs Act 2003 .
"e-cigarette" : see section 11.
Note: An e - cigarette that contains tobacco is not treated as a tobacco product under this Act (see subsection 9(4)).
"e-cigarette accessory" : see section 12.
"e-cigarette advertisement" : see section 43.
"e-cigarette product" means an e - cigarette or an e - cigarette accessory.
"e-cigarette sponsorship" : see section 66.
"engage in conduct" means:
(a) do an act; or
(b) omit to do an act.
"health promotion insert" has the meaning given by the regulations.
"health warning" has the meaning given by the regulations.
"insert" means any thing (other than a tobacco product or the lining of a cigarette pack) placed inside the retail packaging of a tobacco product.
Note: For requirements applying to the lining of a cigarette pack, see the following:
(a) section 74 (about the physical features of the retail packaging of tobacco products);
(b) section 75 (about the colour and finish of the retail packaging of tobacco products).
"internet service provider" has the same meaning as in the Online Safety Act 2021 .
"ITEC Commissioner" means the Illicit Tobacco and E - cigarette Commissioner.
"late payment fee" : see subsection 174(1).
"mandatory marking" has the meaning given by the regulations.
"mark" has a meaning affected by section 15.
"Minister for Home Affairs" means the Minister administering the Australian Border Force Act 2015 .
"offer" , in relation to the sale or supply of a regulated tobacco item or an e - cigarette product, has a meaning affected by section 16.
"onsert" means any thing (other than the lining of a cigarette pack) that is affixed or otherwise attached to the retail packaging of a tobacco product.
Example: A sound chip embedded in the cardboard of a cigarette pack is an onsert.
"packages" : for when a person packages a tobacco product for retail sale, see section 72.
"paid work" means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).
"Patents Act" means the Patents Act 1990 .
"periodical" means an issue (however described and however published) of a newspaper, magazine, journal, newsletter or other similar publication, issues of which are published at regular or irregular intervals.
"person" has a meaning affected by:
(a) section 168 (which deals with partnerships); and
(b) section 169 (which deals with unincorporated associations); and
(c) section 170 (which deals with trusts).
"pipe tobacco" means a loose tobacco product that is intended for use exclusively in a pipe (other than a water pipe).
Example: Loose processed tobacco that is intended for use in both roll - your - own cigarettes and in a pipe is not pipe tobacco .
Note: Examples of water pipes are hookahs, narghiles, hubble bubbles and bongs.
"prohibited ingredient" , in relation to a tobacco product, means an ingredient prohibited under subsection 87(1).
"prohibited term" , in relation to a brand name or a variant name of a tobacco product: see section 73.
"publish" :
(a) a tobacco advertisement--see section 30; and
(b) an e - cigarette advertisement--see section 56.
"regulated tobacco item" means a tobacco product or a tobacco product accessory.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related body corporate" has the same meaning as in the Corporations Act 2001 .
"reporting entity" : see section 130.
"retail packaging" : for retail packaging of a tobacco product, see section 71.
"Secretary" means the Secretary of the Department.
"shisha tobacco product" means a tobacco product that contains molasses as a significant proportion of the product's ingredients.
"smoking" means smoking tobacco products.
"State or Territory enforcement official" means a person:
(a) who is appointed, employed or engaged by a State or Territory, or by a local governing body established by or under a law of a State or Territory; and
(b) who has compliance and enforcement responsibilities in relation to regulated tobacco items.
"Therapeutic Goods Act" means the Therapeutic Goods Act 1989 and includes any instruments made under that Act.
"this Act" includes the regulations made under this Act.
"tobacco advertisement" : see section 20.
"tobacco product" : see section 9.
"tobacco product accessory" : see section 10.
"tobacco product requirement" means any of the following requirements in relation to regulated tobacco items:
(a) a requirement specified in Part 3.3;
(b) a requirement prescribed by regulations made under, or for the purposes of, a provision in Part 3.3;
(c) a requirement prescribed by regulations made under, or for the purposes of, subsection 124(1).
"tobacco sponsorship" : see section 39.
"Trade Marks Act" means the Trade Marks Act 1995 .
"vaping" means inhaling the aerosol or vapour generated or released by an e - cigarette product.
"variant name" , in relation to a tobacco product, means the name used to distinguish, by reference to one or more characteristics, that kind of tobacco product from other tobacco products supplied under the same brand name.
Note: A variant name must not be or include a prohibited term (see section 85).