Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Amendment Regulations 2002 (No. 1) (Cth)

Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 3432

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.

Dated 19 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN CAMPBELL

Parliamentary Secretary to the Treasurer

1Name of Regulations

These Regulations are the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Amendment Regulations 2002 (No. 1).

2Commencement

These Regulations commence on 1 March 2003.

3Amendment of Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations

Schedule 1 amends the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations 1997.

[2]Regulation 3

omit

[3]Paragraphs 4A (3) (b) and (c)

substitute

1. (b)

   its value is not more than the relevant amount.

[4]Subregulation 4A (7), definition of relevant amount

substitute

relevant amount means:

1. (a)

   for a device imported into Australia, or supplied under an ex works agreement, before 1 August 2003 — $5; or

2. (b)

   for a device imported into Australia, or supplied under an ex works agreement, on or after 1 August 2003 — the indexed amount.

[5]Regulation 15, note

substitute

Note The importation into Australia of a lighter is prohibited unless:

(a) the person importing the lighter has:

1. (i)

   completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and

2. (ii)

   produced that declaration to the Collector; or

(b) the Minister has granted a permission in writing for the lighter to be imported; or

(c) the lighter is imported by a passenger at least 18 years old on a ship or aircraft, if the passenger is importing no more than 5 lighters.

See regulation 4S of the Customs (Prohibited Imports) Regulations 1956.

[6]Regulations 16 and 17

substitute

16Definitions for Part 4

In this Part:

CPI number means the All Groups Consumer Price Index number (that is the weighted average of the 8 capital cities) published by the Statistician.

latest CPI number means the CPI number for the most recent quarter.

March 2003 CPI number means the CPI number for the quarter beginning on 1 January 2003.

quarter means 3 months beginning on 1 January, 1 April, 1 July or 1 October in a year.

Statistician has the meaning given by section 3 of the Australian Bureau of Statistics Act 1975.

17Indexed amount

1. (1)

   The indexed amount is the amount:

   1. (a)

      worked out in accordance with the formula mentioned in subregulation (2); and

   2. (b)

      if the amount worked out is an amount of dollars and cents, rounded in accordance with subregulation (3).

2. (2)

   The formula is:

3. (3)

   The indexed amount must be rounded to the nearest 25 cents and, if the amount to be rounded is 12.5 cents, rounded up.

Notes

1. These Regulations amend Statutory Rules 1997 No. 21, as amended by 1997 No. 245.

2. Notified in the Commonwealth of Australia Gazette