Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill 2026

The PRESIDENT (14:11): 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.