Using the Tobacco Carveout
From the National Interest Analysis of the TPP undertaken by Australia:
5. Australia will also lodge a notification, expressly permitted under Article 29.5, electing to prevent any and all Investor-State Dispute Settlement (ISDS) challenges to Australia’s tobacco control measures under the TPP.
No word on whether Australia thinks there should be any oversight or review of whether measures are, in fact, "tobacco control measures" as defined in the TPP. I'm curious to see whether it specifies something about this in its notification.