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

Statutory Rules 1997No. 245 1

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Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations2 (Amendment)

I, The 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 3 September 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

CHRISTOPHER ELLISON

Minister for Customs and Consumer Affairs

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1.   Commencement

1.1   These Regulations commence on 1 October 1997.

2.   Amendment

2.1   The Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations are amended as set out in these Regulations.

3.   Regulation 4 (Interpretation)

3.1   Regulation 4 (definition of “child”):

Omit the definition, substitute:

“‘young child’ means an individual who is under 5 years.”.

3.2   Regulation 4 (definition of “lighter”):

Omit the definition, substitute:

“‘lighter’ see regulation 4A;”.

3.3   Regulation 4 (definition of “safe operation”):

Paragraph (c):

Omit “child;”, substitute “young child;”.

3.4   Regulation 4 (definition of “spit or sputter”):

Omit “flame.”, substitute “flame;”.

3.5   Regulation 4:

Insert the following definitions:

“‘customs value’, for a device, means the customs value determined for the device under section 159 of the Customs Act 1901;

‘disposable lighter’ see subregulation 4A (4);

‘ex works agreement’ means an agreement for the supply of goods under which the supplier’s obligation to deliver the goods is fulfilled when the supplier makes the goods available to the buyer at the supplier’s premises;

‘indexed amount’ see regulation 17;

‘novelty lighter’ see subregulation 4A (5);

‘refillable lighter’ see subregulation 4A (6);”.

4.   New regulation 4A

4.1   After regulation 4, add:

Meaning of “lighter” and types of lighters

 “4A.(1) A lighter is a flame producing device that:

1. (a)

   is designed to light cigarettes, cigars and pipes; and

2. (b)

   is an eligible device.

 “(2) For subregulation (1), a flame producing device is an eligible device if:

1. (a)

   it is designed to be discarded when its fuel supply is exhausted; or

2. (b)

   it is designed to incorporate a separate container of fuel that is designed to be discarded when empty; or

3. (c)

   it is designed to have an entertaining audio or visual effect (other than production of a flame); or

4. (d)

   it is designed to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended for use by, a young child.

Examples of paragraph (c):

 Playing musical notes or displaying flashing lights.

Examples of paragraph (d):

 A beverage, cartoon character, food, gun, musical instrument, toy, toy animal, watch or vehicle.

 “(3) For subregulation (1), a flame producing device is also an eligible device if:

1. (a)

   it is designed to be refilled with fuel; and

2. (b)

   it is imported into Australia after 30 September 1997, or it is not imported into Australia but is supplied by its manufacturer under an ex works agreement after that date; and

3. (c)

   its value is less than the relevant amount.

 “(4) A disposable lighter is a lighter that is an eligible device mentioned in paragraph (2) (a) or (b).

 “(5) A novelty lighter is a lighter that is an eligible device mentioned in paragraph (2) (c) or (d).

 “(6) A refillable lighter is a lighter that is an eligible device mentioned in subregulation (3).

 “(7) For subregulation (3):

‘relevant amount’ means:

1. (a)

   for a device imported into Australia before

   1 October 2002—$2; or

2. (b)

   for another device supplied by its manufacturer under an ex works agreement before 1 October 2002—$2; or

3. (c)

   in any other case—the indexed amount;

‘value’, for a device, means:

1. (a)

   for a device imported into Australia—its customs value; or

2. (b)

   for another device—its supply price.”.

5.   Regulation 5 (Application of this Part)

5.1   Regulation 5:

Omit the regulation, substitute:

Application of this Part

 “5. This Part does not apply to a lighter that:

1. (a)

   is a novelty lighter; and

2. (b)

   is not a disposable lighter or a refillable lighter.”.

6.   New Part 4

6.1   After Part 3, insert:

“PART 4—INDEXATION

Definitions for Part 4

 “16. 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 Australian Statistician;

‘earlier CPI number’ means the CPI number for the July quarter

in 1997;

‘July quarter’ means the 3 months starting on 1 July in a year;

‘latest CPI number’ means the CPI number for the July quarter

in 2002.

Indexed amount

 “17. (1) The indexed amount is the amount worked out in accordance with the formula:

.

 “(2) If, apart from this subregulation, the indexed amount under this regulation would be an amount of dollars and cents, the amount is to be rounded to the nearest 25 cents and, if the amount to be rounded is 12.5 cents, rounded up.

 “(3) If, at any time, whether before or after 1 October 1997, the Australian Statistician publishes for a particular July quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for the quarter, the publication of the later CPI number is to be disregarded for this regulation.

 “(4) However, if, at any time, whether before or after 1 October 1997, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this regulation after the change is made, regard is to be had only to numbers published in terms of the new reference base.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 10 September 1997.

2. Statutory Rules 1997 No. 21.