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

Sue Lines

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.