Is the supply of shisha (water pipe) tobacco in smoking parlours covered by the Competition and Consumer (Tobacco) Information Standard 2011?
Yes. All suppliers (manufacturers, importers, distributors and retailers) of tobacco products sold in Australia, including shisha (water pipe) tobacco, must comply with the mandatory standard. The definition of tobacco product as prescribed in the standard means processed tobacco, or any product that contains tobacco that is:
manufactured to be used for smoking, sucking, chewing or snuffing; and
not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989.
A tobacco product (including shisha) supplied by way of retail sale must be in retail packaging when it is supplied to the purchaser, so that the health warnings are displayed to the consumer at the time they take possession. The warnings must also not be obscured in any way.
As a supplier, you are legally responsible for ensuring that all tobacco products you supply meet the mandatory requirements. Failure to comply can result in heavy penalties and/or recalls.
Similarly, the Tobacco Plain Packaging Act 2011 (the Act) requires all tobacco products (including shisha tobacco) manufactured or packaged in Australia for domestic consumption to be in plain packaging. A breach of the Act or the Tobacco Plain Packaging Regulations 2011, could also attract significant criminal or civil penalties.
Other legislation also prohibits the advertising and display of tobacco products, as well as smoking in certain locations.