Australian Capital Territory Repealed Acts

This legislation has been repealed.

TOBACCO PRODUCTS (HEALTH WARNINGS) ACT 1986 (REPEALED) - SECT 3

(1)     In this Act, unless the contrary intention appears—

“brand name”, in relation to a container, carton or wrapping, or a label on a carton or wrapping, means the brand name of the tobacco product in the container, carton or wrapping;

“package”, in relation to a tobacco product, means a package—

        (a)     in which the product is packed by the manufacturer; and

        (b)     that immediately contains the product;

“prescribed information” means the prescribed information in clause 1 of Schedule 3;

“prescribed warning” means a warning consisting of Parts A and B of an item in Schedule 2;

“required labelling” means the labelling described in, or determined under, section 4;

“sell” includes—

        (a)     barter or exchange;

        (b)     offer or expose for sale, barter or exchange;

        (c)     supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and

        (d)     supply, or offer to supply, gratuitously with a view to gaining or maintaining custom or otherwise with a view to commercial gain;

“tobacco product” means tobacco, a cigarette or cigar or any other product—

        (a)     a substantial ingredient of which is tobacco; and

        (b)     that is designed for human consumption or use;

but excludes nicotine and any product containing nicotine to which the Poisons Act 1933 applies.

(2)     A reference in this Act to the surface of a package is a reference to the external surface of the package.

(3)     If a package is individually wrapped in material that is not wholly transparent so as to allow the required labelling on the package to be readable, a reference in this Act (except section 7) to a package is to be taken to include a reference to that material.