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TOBACCO PLAIN PACKAGING BILL 2011E TRADE MARKS AMENDMENT (TOBACCO PLAIN PACKAGING) BILL 2011

Order of the day read for the adjourned debate on the motion of the Minister for Small Business (Senator Sherry)—That these bills be now read a second time.

Debate resumed.

The question for the second reading was divided—

Question—That the Tobacco Plain Packaging Bill 2011 be now read a second time—put and passed.

Question—That the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 be now read a second time—put.

The Senate divided—

AYES, 35

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Cameron

Carr

Collins

Crossin

Di Natale

Evans

Faulkner

Feeney

Furner

Gallacher

Hanson-Young

Hogg

Ludlam

Lundy

Madigan

Marshall

McEwen (Teller)

McLucas

Milne

Moore

Polley

Pratt

Rhiannon

Siewert

Singh

Stephens

Sterle

Thistlethwaite

Urquhart

Waters

Wright

NOES, 28

Senators—

Abetz

Adams

Bernardi

Birmingham

Boyce

Brandis

Bushby (Teller)

Cash

Colbeck

Edwards

Eggleston

Fawcett

Fierravanti-Wells

Fisher

Heffernan

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McKenzie

Parry

Payne

Ronaldson

Scullion

Sinodinos

Williams

Question agreed to.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the bills.

In the committee

Bills taken together and as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary for Disabilities and Carers (Senator McLucas) tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the Tobacco Plain Packaging Bill 2011.


On the motion of Senator McLucas the following amendments in respect of the Tobacco Plain Packaging Bill 2011, taken together by leave, were debated and agreed to:

 Clause 2, pages 2 and 3 (table), omit the table (not including the note), substitute:

Commencement information

Column 1Column 2Column 3

Provision(s)CommencementDate/Details

1. Sections 1 to 16 and anything in this Act not elsewhere covered by this tableThe day this Act receives the Royal Assent.

2. Sections 17 to 27A1 October 2012.1 October 2012

3. Sections 28 and 29The day this Act receives the Royal Assent.

4. Sections 30 to 321 December 2012.1 December 2012

5. Sections 33 to 361 October 2012.1 October 2012

6. Sections 37 and 381 December 2012.1 December 2012

7. Section 391 October 2012.1 October 2012

8. Sections 40 and 411 December 2012.1 December 2012

9. Sections 42 to 461 October 2012.1 October 2012

10. Sections 47 and 481 December 2012.1 December 2012

11. Sections 49 to 801 October 2012.1 October 2012

12. Sections 81 and 82The day this Act receives the Royal Assent.

13. Sections 83 to 1051 October 2012.1 October 2012

14. Sections 106 to 109The day this Act receives the Royal Assent.

Clause 18, page 21 (lines 7 to 9), omit paragraph (3)(c), substitute:

 (c) the inside lip of the cigarette pack must have straight edges, other than corners which may be rounded, and neither the lip, nor the
edges of the lip, may be bevelled or otherwise shaped or embellished in any way;

 Page 28 (after line 11), after clause 27, insert:

  

27A Legal effect of sections 18 to 27

   Sections 18 to 27 have no legal effect other than to specify requirements, and provide for regulations specifying requirements, for the purposes of the definition of tobacco product requirement in subsection 4(1).

   Note: Chapters 3 and 5 contain the offences and civil penalty provisions for failing to comply with a tobacco product requirement.

The Tobacco Plain Packaging Bill 2011, as amended, and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 further debated and agreed to.

The Tobacco Plain Packaging Bill 2011 to be reported with amendments and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 to be reported without amendments.

The Acting Deputy President (Senator Pratt) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator McLucas the report from the committee was adopted.

Senator McLucas moved—That these bills be now read a third time.

Debate ensued.

The question for the third reading was divided—

Question—That the Tobacco Plain Packaging Bill 2011 be now read a third time—put and passed.

Question—That the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 be now read a third time—put and passed.

Bills read a third time.