ACAPMA Tobacco Compliance Webinar powered by ACAPMAcademy. This webinar will commence at 11:00am ESDT, thank you for joining us
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1 ACAPMA Tobacco Compliance Webinar powered by ACAPMAcademy This webinar will commence at 11:00am ESDT, thank you for joining us
2 How will this Webinar work?
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8 CEOs Welcome
9 CEOs Welcome Nic Moulis CEO ACAPMA Australasian Convenience and Petroleum Marketers Association by coming together to share our knowledge we enrich the each other and our industry
10 Presenters Welcome
11 Presenters Welcome Elisha Radwanowski BCom (HRM & IR) Workplace & Member Services Manager ACAPMA
12 ACAPMA Tobacco Compliance Webinar powered by ACAPMAcademy Delivered Live 5 th December 2012
13 OUTLINE Facts and Figures Customers, Retailers and Legislation Plain Packaging Reason, Objectives, Laws, Dates, Packaging and Penalties Display and Point of Sale Requirements and Penalties In-store Compliance Tips, Traps and Things to Consider Review What do you need to do today Q & A Your questions answered
14 FACTS AND FIGURES Customers 28% of men 23.5% of women smoke 4.4 million smokers billion cigarettes each year Retailers 35,000 tobacco retailing outlets $9.9 million retail sales 14% is petrol and convenience
15 FACTS AND FIGURES Legislation Excise Licencing of outlets Advertising Consumer protection Plain packaging Display restrictions
16 PLAIN PACKAGING The Laws Tobacco Plain Packaging Act 2011 Tobacco Plain Packaging Regulations 2011 Competition and Consumer (Tobacco) Information Standard 2011
17 PLAIN PACKAGING The Reason to discourage the use of tobacco products The Objectives 1. Improve public health by; Discouraging the uptake of smoking Encouraging smokers to quit Discouraging ex-smokers from relapsing Reducing passive smoke exposure 2. Meet Australia s obligations under the WHO Convention on Tobacco Control
18 PLAIN PACKAGING The Dates From 1 October 2012 all tobacco products made in Australia must be in plain packs From 1 December 2012 all tobacco products sold in Australia must be in plain packs
19 PLAIN PACKAGING The Packaging Drab brown colour with a matt finish Include expanded graphic health warnings Exclude all tobacco industry logos, brands, colours, imagery and references other than; Manufacturers details Standardised Brand and Variant references
20 PLAIN PACKAGING The Packaging No change after sale No inserts or stickers No noise or scent No advertising on lining No colour or advertising on wrapper
21 PLAIN PACKAGING The Cigarettes NO COLOURED PAPER OR FILTERS only White filters with only White or imitation cork filter paper cover NO BRAND OR LOGO ON CIGARETTE only the optional alphanumeric code near start of filter NO COLOURED OR WATERMARKED PAPER only while plain paper
22 PLAIN PACKAGING Tobacco Products tobacco product means processed tobacco, or any product that contains tobacco, that is manufactured to be used for smoking, sucking, chewing or snuffing Cigarettes Loose Tobacco Cigars Chewing and Snuffing Tobacco
23 PLAIN PACKAGING Retailer Responsibilities From 1 December 2012 Be familiar with Plain Packaging Laws Be able to identify non compliant packaging NEVER purchase tobacco products that in non compliant packaging NEVER sell tobacco products that are in non compliant packaging
24 PLAIN PACKAGING Penalties for Individuals PURCHASE or SELL non compliant tobacco products Fault Based 2,000 penalty units Civil Liability 2,000 penalty units Strict Liability 60 penalty units
25 PLAIN PACKAGING PENALTIES FOR INDIVIDUALS PURCHASE or SELL non compliant tobacco products Fault Based $220,000 Civil Liability $220,000 Strict Liability $6,600
26 DISPLAY AND POINT OF SALE Display and Point of Sale Restrictions State based legislations and regulations Dark Display common across States The Reason Improve public health by Discouraging the uptake of smoking Encouraging smokers to quit Discouraging ex-smokers from relapsing Reducing passive smoke exposure
27 DISPLAY AND POINT OF SALE
28 DISPLAY AND POINT OF SALE Tobacco Product tobacco product means processed tobacco, or any product that contains tobacco, that is manufactured to be used for smoking, sucking, chewing or snuffing Cigarettes Loose Tobacco Cigars Chewing and Snuffing Tobacco
29 DISPLAY AND POINT OF SALE Tobacco Accessory A product whose sole or primary function is in the use of a tobacco product This includes Tobacco papers Rolling filters Clip on filters DOES NOT INCLUDE Lighters Matches
30 DISPLAY AND POINT OF SALE State by State State QLD NSW VIC Governing Legislation Tobacco and Other Smoking Products Act 1998 Public Helath (Tobacco) Act 2008 Tobacco Amendment (Protection of Children) Act 2009 Special Provisions * Tobacco products and accessories can only be sold from one point of sale point instore Signange Minors Sign Minors Sign Graphic Health Warning Sign Smoking Kills or Call the Quitline Sign Options Point of Sale Sign "We Don't Sell Tobacco to Under 18s" Sign Graphic Health Warning Sign Optional Tobacco Retailer Identifier Sign - upon request to VicHealth
31 DISPLAY AND POINT OF SALE State ACT SA WA NT Governing Legislation Special Provisions Tobacco Act 1927 * 1 metre buffer from customer to product Tobacco Products Regulation Act 1997 Tobacco Products Control Amendment Act 2009 * Tobacco products and accessories can only be sold from one point of sale point instore * Price Board or Tobacco Retailer Identifier Sign NOT BOTH Tobacco Control Act 2003 Signange Minors Sign Minors Sign Minors Sign Minors Sign Graphic Helath Warning Graphic Health Warning Sign Graphic Health Warning Sign Graphic Helath Warning
32 REVIEW NEVER sell to minors NEVER purchase or sell branded tobacco products COVER tobacco products and tobacco accessories MINIMISE exposure of tobacco products and tobacco accessories During the sale During restocking During stocktake Business, Owner and Staff are responsible for compliance and face penalties for breaches
33 IN-STORE COMPLIANCE Review Staff and Systems General Restrictions including IDs Tobacco Product and Accessory definitions Hardware and Processes for minimising tobacco exposure During the sale During restocking During stocktake Purchasing Plain only products Document Training and Review Process
34 IN-STORE COMPLIANCE Simple Tips for Compliance Utilise Planograms Re-stock and Stocktake at night Relocate tobacco accessories to under the counter
35 REFERENCES For more information on Plain Packaging, Retail Display Bans and Tobacco in Australia please see the following general resources General Materials search plain packaging search plain packaging search tobacco retailing for display restrictions in NSW search tobacco retailing for display restrictions in VIC search tobacco retailing for display restrictions in QLD search tobacco retailing for display restrictions in WA search tobacco retailing for display restrictions in SA search tobacco retailing for display restrictions in ACT search tobacco retailing for display restrictions in TAS Facts and Figures: % and averages from abs.gov.au; nsma.org.au discrepancy averaged size and value of market from pwc study ecd2/$FILE/Sub%2046%20BATA%20-%20Attachment%202.pdf
36 Q & A
37 The information provided in this Webinar is general in nature and is not intended to be relied upon as, nor to be a substitute for legal advice. No person should rely or act on the contents of this Webinar alone, without first obtaining professional advice or undertaking due diligence. The opinions and comments of external attributed contributors to this Webinar are their own and do not constitute comments or opinions of ACAPMA. Need more information? Would you like help? Call ACAPMA expressly disclaims all liability and responsibility to any person in respect of anything and of the consequences of anything done, or omitted to be done, by any such person in reliance whether wholly or partially upon the whole or any part of the contents of this Webinar. ACAPMA shall not be liable or responsible for any loss or damage incurred as a result of any reliance on the contents of this Webinar. No information in this Webinar or any part thereof may be reproduced without with prior written consent of ACAPMA. For more information or assistance please contact ACAPMA on
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