VIC:BAT calls for legal advice to be released

AAP General News (Australia)
08-23-2011
VIC:BAT calls for legal advice to be released

MELBOURNE, Aug 23 AAP - A tobacco giant's fight against the introduction of plain packaging
has been dealt a setback by the Federal Court.

But British American Tobacco Australia (BATA) says it might head to the High Court
in its fight against the decision to deny it access to key documents behind the plain
packaging laws.

BATA wants the federal government to release legal advice it says will prove its proposed
plain packaging laws are flawed.

The full bench of the court refused BATA's appeal to access the federal government
document on Tuesday.

The company wanted the Department of Health document from 1995 advising against plain packaging.

The government has refused to release the document under freedom of information, a
decision backed up by the Administrative Appeals Tribunal.

The company says that all MPs voting on the Tobacco Plain Packaging Bill and contentious
Trademarks Bill in parliament on Wednesday need to see the advice on the legality and
constitutionality of plain packaging.

Last month the federal government introduced to parliament legislation that will make
it an offence to sell, supply, buy, package or manufacture tobacco products for retail
sale in anything other than plain packaging.

Under the laws, tobacco products will be sold in dark brown, drab packaging from mid-2012.

BAT released a statement on Tuesday saying debate on both bills must be delayed until
the government stopped withholding the legal advice and it was seen by the parliament.

Company spokesman Scott McIntyre says there is no evidence the world-first introduction
of plain packaging for cigarettes will reduce smoking rates.

He said the illegal tobacco market, which currently occupies 16 per cent of the Australian
market, would increase its dominance, causing a loss of excise revenues.

"When you make packs look exactly the same with the same colour it's going to make
them easier to counterfeit," Mr McIntyre told AAP.

"The retailers won't be able to tell which ones are real and which ones are fakes."

He said they were disappointed not to receive a copy of the legal documents on Tuesday
and were considering legal options including an appeal to the High Court of Australia.

Doctors and health groups have lauded the move, which is backed by the coalition, saying
it will stand as one of Australia's greatest-ever public health achievements.

The maximum penalty for breaching the laws will be $220,000 for an individual and $1.1
million for a body corporate.

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KEYWORD: TOBACCO

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