G/TBT/N/AUS/156  
6 June 2023  
(23-3870) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  AUSTRALIA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Tobacco and E-Cigarette Control Branch  
Australian Government Department of Health and Aged Care  
GPO Box 9848  
CANBERRA ACT 2601  
Australia  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated  to handle comments 
regarding the notification shall be indicated if different from above:   
TBT Enquiry Point  
Australian Government Department of Foreign Affairs and Trade  
Canberra ACT 0221  
Australia  
Tel.: + 61 2 6261 1111  
E-mail: mailto: TBT.Enquiry@dfat.gov.au  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  TOBACCO 
AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT 
CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER 
NICOTINE CONTAINING PRODUCTS INTENDED FOR THE  INTAKE OF NICOTINE INTO THE 
HUMAN BODY (HS code(s): 24)  
5. Title, number of pages and language(s) of the notified document:   
• Public Health (Tobacco and Other Products) Bill 2023 (199 pages, in English)  
• Public Health (Tobacco and Other Products) Regulatio ns 2023 (95 pages, in 
English)  
(294 page(s), in English  in total ) 
6. Description of content:  The proposed legislation will consolidate eight existing tobacco 
related laws, regulations, instruments and court decisions into a single streamlined Act of 
Parliament and associated regulations. The Bill contains 7 chapters that thematically 
present the proposed provisions:  
Chapter 1  sets out the preliminary matters including commencement dates, objects of 
the Act, definitions and key concepts.  G/TBT/N/AUS/156  
 
- 2 - 
 
  Chapter 2  provides for the regulation of tobacco and e -cigarette advertising and 
sponsorships. The provisions are a consolidation of the Tobacco Advertising Prohibition 
Act 1992 and are expanded to also apply to the advertising and promotion of e -cigarettes. 
The chapter incl udes offence and civil penalty provisions.  
Chapter 3  creates the regime that mandates the requirements relating to plain packaging 
of tobacco products. The provisions include requirements from the Tobacco Plain 
Packaging Act 2011 as well as proposed new requirements relating to regulation of: 
ingredients an d product design features of tobacco products; number of units, weight or 
volume, and pricing of tobacco products; prohibition of terms that may imply that certain 
products are less harmful; and inclusion of health promotion inserts. It permits the 
making of regulations prescribing plain packaging requirements and conditions for the 
appearance, content and standards of tobacco products, including dissuasive measures 
that may be required to appear on tobacco products. The chapter includes a range of 
offences  and civil penalty provisions in relation to conduct dealings with non -compliant 
packaging.  
Chapter 4  provides for permanent bans on certain regulated tobacco items. The chapter 
facilitates the Minister imposing a permanent ban on chewing tobacco and snuff s intended 
for oral use consistent with the existing ban in the Trade Practices Act 1974 - Consumer 
Protection Notice No.10 of 1991 - Permanent Ban on Goods. The chapter includes offence 
and civil penalty provisions.  
Chapter 5  provides for new reporting requ irements. Reporting entities, as defined, would 
be required to submit reports containing information about tobacco products sold, 
supplied, or offered for sale or supply in Australia as well as to report on advertising, 
promotion and sponsorship activities  and expenditure. Manufacturers will also be required 
to report on research and development activities.  
Chapter 6  contains compliance and enforcement provisions. It provides for the 
appointment of authorised officers and supporting monitoring and investiga tion powers, 
along with civil penalty provisions, and provision for the issuing of infringement notices, 
enforceable undertakings and injunctions.  
Chapter 7  includes miscellaneous provisions, including those in relation to delegations 
and the constitutiona l provisions.  
The proposed legislation and details of each chapter are further described in the 
Consultatio n Paper (health.gov.au)  
7. Objective and rationale, including the nature of urgent problems where 
applicable:   
As a Party to the World Health Organization (WHO) Framework Convention on Tobacco 
Control (FCTC), the Australian Government has committed to imp lement effective tobacco 
control measures. The objectives of the draft legislation are:  
· to improve public health by discouraging smoking and the use of regulated tobacco 
items; and  
· to give effect to certain obligations that Australia has as a party to the WHO FCTC; and  
· to address the health risks posed by vaping and the use of e -cigarette products.  
The proposed legislation is consistent with Australia's obligations under Articles 5.3, 7, 9, 
10, 11, 13 and 15.2, of the WHO FCTC.  
Protection of human hea lth or safety  
8. Relevant documents:   
All relevant documents are accessible through the consultation page on the website of 
the Department of Health and Aged Care: https://consultations.heal th.gov.au/phd -
tobacco/public -consultation -for-tobacco -review/  
In addition to the notified texts, documents on this page include:  G/TBT/N/AUS/156  
 
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  · Public Health (Tobacco and Other Products) (Consequential Amendments and 
Transitional Provisions) Bill 2023;  
· Public Health (Tobacco and Other Products) (Consequential Amendments) Regulations 
2023;  
· Consultation Paper.  
Consequential amendments refer to amendments that will need to be made to other 
pieces of legislation as a result of the notified measure.  
9. Proposed date of adoption:  1 April 2024  
Proposed date of entry into force:  Provisions to enter into force progressively between 
1 April 2024 and 1 July 2025.  
10. Final date for comments:  42 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://cons ultations.health.gov.au/phd -tobacco/public -consultation -for-tobacco -
review/  
Direct links to the draft legislation:  
• Public Health (Tobacco and Other Products) Bill 2023:  
https://consultations.health.gov.au/phd -tobacco/publi c-consultation -for-tobacco -
review/supporting_documents/Public%20Health%20Tobacco%20and%20Other%20Prod
ucts%20Bill%202023.pdf  
• Public Health (Tobacco and Other Products) Regulations 2023:  
https://consultations.health.gov.au/phd -tobacco/public -consultation -for-tobacco -
review/supporting_documents/Public%2 0Health%20Tobacco%20and%20Other%20Prod
ucts%20Regulations2023.pdf