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Under the erstwhile system, cigarettes used to attract Central Excise and State VAT and local entry taxes

They also did not prove that their products caused the same amount of health damage as other approved tobacco items or that their product had different characteristics, but did not bring up additional health concerns

The panel concluded that Australias measures restrict trade by reducing the use of tobacco products, they reduce the volume of imported tobacco products on the Australian market, and thereby have a limiting effect on trade.[13] Here, the panel seemed to say that if a measure is successful in contributing to a public health objective, then, in this case, that is evidence that it is trade-restrictive

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