Document ID: chunk:federal_register_of_legislation:F2009C00252:body:0:p2
Version: federal_register_of_legislation:F2009C00252
Segment Type: other
Provision Reference: 
Character Range: 2762–5459

(2) For these Regulations, a cigarette is of a different kind to another cigarette if:
 (a) they are sold under the same brand name; and
 (b) they are distinguished in 1 or more of the following ways:
 (i) they contain or do not contain menthol;
 (ii) they are flavoured differently in another way;
 (iii) they have different contents of tar;
 (iv) they allegedly differ in 'mildness';
 (v) they have or do not have a filter tip or cork tip;
 (vi) they are of different lengths or mass.

7 Retail package

 (1) A retail package is a package in which cigarettes are sold at retail.

 (2) If:
 (a) 1 or more packages are contained inside a larger package; or
 (b) 2 or more packages are combined to form a larger package;
and the whole package is offered for retail sale as 1 unit:
 (c) the larger package is a retail package; and
 (d) each smaller package is a retail package.

Example
Packets of cigarettes in a carton.

 (3) However:
 (a) a display case that is not sold with cigarettes displayed in it is not a retail package; and
 (b) if:
 (i) a retail package is normally sold wrapped in a wrapper (including, but not limited to, a transparent wrapper) that is normally removed from the package when the package is opened; and
 (ii) the wrapper is not a larger package described in subregulation (2);
  the wrapper is not part of the retail package.

Part 2 Safety standard for cigarettes

Division 1 Safety standard

8 Safety standard

 (1) For subsection 65C (2) of the Act, this Part prescribes a consumer product safety standard for cigarettes.

 (2) The standard consists of the following requirements:
 (a) the performance requirements set out in Division 2;
 (b) the testing requirements set out in Division 3;
 (c) the packaging and marking requirements set out in Division 4.

9 Compliance with safety standard

 (1) Cigarettes must comply with the performance requirements set out in Division 2.

 (2) For the purpose of determining compliance with the performance requirements set out in Division 2, cigarettes must be tested in accordance with the testing requirements set out in Division 3.

 (3) Cigarettes must be packaged in accordance with the packaging and marking requirements set out in Division 4.

Division 2 Performance requirements

10 Performance requirements

  At least 75% of the cigarettes that are tested in a test trial described in regulation 12 must fail to achieve full‑length burns.

Division 3 Testing requirements

11 Testing standard

  Subject to regulations 12 and 13, cigarettes must be tested in accordance with AS 4830—2007.

12 Testing requirements

 (1) Cigarettes must be tested as part of a test trial.

 (2) Each test of a cigarette in