The question is that the amendments circulated by the Australian Greens on sheet 4173 be agreed to.

Australian Greens' circulated amendment s

(1) Clause 2, page 2 (table item 4), omit "Schedule 6", substitute "Schedules 6 and 8".

(2) Page 50 (after line 17), at the end of the Bill, add:

Schedule 8 — Mandatory track and trace scheme for tobacco products

Public Health (Tobacco and Other Products) Regulations 2024

1 Subsection 50(2)

Repeal the subsection.

2 Sections 54 and 55

Repeal the sections.

3 After paragraph 87(2)(i)

Insert:

(j) a primary packaging track and trace identifier (see section 96A);

(k) a secondary packaging track and trace identifier (see section 96B).

4 At the end of Part 3.8

Add:

96A Mandatory marking — primary packaging track and trace identifiers

Cigarette packs

(1) A primary packaging track and trace identifier on a cigarette pack must:

(a) appear only once on the cigarette pack; and

(b) appear on only one of the following surfaces:

(i) the side outer surface of the pack on which a health warning is not displayed;

(ii) the bottom outer surface of the pack;

(iii) the top outer surface of the pack; and

(c) to the extent that the track and trace identifier is an alphanumeric code—be printed:

(i) in an English sans serif typeface; and

(ii) in normal weighted regular font; and

(iii) in black, white or grey; and

(d) to the extent that the track and trace identifier is a machine-readable code—be printed in black, white or grey; and

(e) be printed on a background that is the colour known as Pantone 448C.

Primary packaging of tobacco products other than cigarette packs

(2) A primary packaging track and trace identifier on the primary packaging of a tobacco product other than a cigarette pack:

(a) must appear only once on the packaging; and

(b) must either:

(i) be included on an adhesive label attached firmly to the packaging so as not to be easily removable; or

(ii) be printed on the packaging; and

(c) to the extent that the track and trace identifier is an alphanumeric code—must be printed:

(i) in an English sans serif typeface; and

(ii) in normal weighted regular font; and

(iii) in black, white or grey; and

(d) to the extent that the track and trace identifier is a machine-readable code—must be printed in black, white or grey; and

(e) if subparagraph (b)(ii) applies—must be printed on a background that is the colour known as Pantone 448C; and

(f) may appear on the outer surface of the packaging on which a health warning is displayed.

Adhesive labels

(3) An adhesive label mentioned in subparagraph (2)(b)(i) must:

(a) be transparent and not coloured; or

(b) be the colour known as Pantone 448C.

96B Mandatory marking — secondary packaging track and trace identifiers

Cigarette cartons

(1) A secondary packaging track and trace identifier on a cigarette carton must:

(a) appear only once on the carton; and

(b) appear only on a single side outer surface of the carton on which a health warning is not displayed; and

(c) either:

(i) be included on an adhesive label attached firmly to the carton so as not to be easily removable; or

(ii) be printed on the carton; and

(d) to the extent that the track and trace identifier is an alphanumeric code—be printed:

(i) in an English sans serif typeface; and

(ii) in normal weighted regular font; and

(iii) in black, white or grey; and

(e) to the extent that the track and trace identifier is a machine-readable code—be printed in black, white or grey; and

(f) be printed on a background that is the colour known as Pantone 448C.

Secondary packaging of tobacco products other than cigarette cartons

(2) A secondary packaging track and trace identifier on the secondary packaging of a tobacco product other than a cigarette carton:

(a) must appear only once on the packaging; and

(b) must either:

(i) be included on an adhesive label attached firmly to the packaging so as not to be easily removable; or

(ii) be printed on the packaging; and

(c) to the extent that the track and trace identifier is an alphanumeric code—must be printed:

(i) in an English sans serif typeface; and

(ii) in normal weighted regular font; and

(iii) in black, white or grey; and

(d) to the extent that the track and trace identifier is a machine-readable code—must be printed in black, white or grey; and

(e) if subparagraph (b)(ii) applies—must be printed on a background that is the colour known as Pantone 448C; and

(f) may appear on the outer surface of the packaging on which a health warning is displayed.

Adhesive labels

(3) An adhesive label mentioned in subparagraph (1)(c)(i) or (2)(b)(i) must:

(a) be transparent and not coloured; or

(b) be the colour known as Pantone 448C.

5 Paragraph 103(a)

Omit "Part 3.5", substitute "Part 3.8".

6 Application

The amendments of the Public Health (Tobacco and Other Products) Regulations 2024 made by this Schedule apply on or after commencement.