LANGUAGE
Last updated: September 17th 2019

Key Terms

Tobacco Product

Term Defined
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Definition

“Tobacco product” means processed tobacco, or any product that contains tobacco, that: (a) is manufactured to be used for smoking, sucking, chewing or snuffing; and (b) is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989.

Analysis

The Tobacco Plain Packaging Act 2011 and the Competition and Consumer (Tobacco) Information Standard 2011 contain identical definitions of “tobacco product.” This definition aligns with the definition provided in FCTC Art. 1(f).

FCTC-Based Definition:

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Outside Packaging and Labeling

Term Defined
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Definition

“Retail packaging” of a tobacco product means: (a) any container for retail sale in which the tobacco product is directly placed; or (b) any container for retail sale that contains a smaller container in which the tobacco product is directly placed; or (c) any plastic or other wrapper that covers any retail packaging of the tobacco product (within the meaning of paragraph (a) or (b) of this definition); or (d) any plastic or other wrapper that covers the tobacco product, being a tobacco product that is for retail sale; or (e) any insert that is placed inside the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition); or (f) any onsert that is affixed or otherwise attached to the retail packaging of the tobacco product (within the meaning of any of paragraphs (a) to (d) of this definition).

Analysis

The Tobacco Plain Packaging Act 2011 and the Competition and Consumer (Tobacco) Information Standard 2011 contain identical definitions of “retail packaging, rather than defining the term “outside packaging and labeling.” However, the effect of this definition is the same as the effect of the definition of “outside packaging and labeling” provided in FCTC Art. 11 in that both are defined as any product packaging used in retail sale.

FCTC-Based Definition:

Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))

Container

Term Defined
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Definition

“Container” includes (without limitation) any pack, carton, box, tin, packet, bag, pouch, tube or other container that is used as the retail packaging of a tobacco product.

Analysis

The definition of “container” is significant because it is used in the definition of “retail packaging.”