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Tobacco Control Regulations 2009

TOBACCO CONTROL REGULATIONS 2009

EXPLANATORY MEMORANDUM

Objectives and rationale

The Tobacco Control Act, which commenced on 20 July 2009, creates a number of offences in relation to the promotion and sale of tobacco products. Many of the provisions of the Act make reference to matters that are to be prescribed by regulation. Under section 30 of the Act Cabinet has power to make regulations prescribing matters necessary or convenient to give effect to the Act.

The principal purpose of the proposed Regulations is to give effect to particular provisions of the Tobacco Control Act, by making the detailed prescriptions in relation to signs and labelling and related matters that are alluded to in the Act.

Overview of content

The Tobacco Control Regulations 2009 are divided into five parts. The headings of the Parts provide a clear overview of the main matters covered by the Regulations:

I Preliminary: this part specifies the name of the Regulations, the day on which they commence (1 August 2009, although some parts come into effect later because the corresponding provision of the Act has a later commencement date, for example, package labelling requirements do not take effect until 20 October 2009), and some matters of interpretation.

II. Conditions for display of tobacco product advertisements in shops and retail places (see subsection 3(3) of the Act requiring advertisements to comply with the regulations): This part contains rules about where tobacco product advertisements can be placed within retail premises, and the maximum size of such advertisements.

III. Display of prescribed signage (see subsection 9(3) and section 14 of the Act requiring signs to be posted in accordance with regulations): this part prescribes the size and content of signs relating to the prohibition of the sale of tobacco products to people under 18, and the size and content of no smoking signs that must be placed in schools, hospital, enclosed public places and enclosed workplaces. The signs that are prescribed by the Regulations will be distributed free of charge by Public Health.

IV. Information to be printed on tobacco product packages (see section 6 of the Act making it an offence to sell cigarettes in packages that are not labelled in accordance with the regulations): This Part contains detailed rules about the content, size, format and position of warnings that must be printed on packaging of tobacco products. These rules do not take effect until 20 October 2009.

V. Testing and reporting on tar, nicotine and carbon monoxide content of cigarettes (see subsection 7(2) of the Act making it an offence to sell cigarettes that contain tar or nicotine in excess of the level prescribed by subsection 7(1)). These rules do not take effect until 1 January 2010.