REPLACEMENT explanatory STATEMENT

Issued by the Authority of the Parliamentary Secretary to the Treasurer

Competition and Consumer Act 2010

Interim ban on babies’ dummies to which there are crystals, beads, or other similar ornaments attached to the ring, or handle or plug or shield

Background

Subsection 109(1)(a) of Schedule 2, the Australian Consumer Law (the ACL), to the Competition and Consumer Act 2010 (CCA) provides that a responsible Minister (including the Commonwealth Minister) may impose an interim ban on consumer goods of a particular kind if it appears to the Minister that the consumer goods are of a kind that will or may cause injury to any person.

Subsection 132J(1)(a) of the CCA provides that when it appears to the Commonwealth Minister that consumer goods of a particular kind create an imminent risk of death, serious illness or serious injury, the Commonwealth Minister may certify by written notice that an interim ban should be imposed on the consumer goods without delay.

Once an interim ban on consumer goods is imposed under s109(1)(a) of the ACL, and if before the ban was imposed the Commonwealth Minister published a notice in accordance with subsection 132J of the CCA, the Commonwealth Minister must invite any person who supplied or proposes to supply consumer goods of that kind to request a conference with the Australian Competition and Consumer Commission (ACCC) in relation to the interim ban.

The interim ban on babies’ dummies to which there are crystals, beads, or other similar ornaments attached to the ring, or handle or plug or shield.

Babies’ dummies which have crystals, beads or other similar ornaments attached pose a hazard to children. If the ornaments detach they may become a choking, inhalation or ingestion hazard creating a risk of death, serious illness or serious injury to the child. 

Children under the age of three often place objects in their mouths and do not have a sufficiently well developed cough reflex to clear throat obstructions and are therefore more prone to choking on small objects. Objects inhaled into the lungs can be very difficult for medical personnel to locate and remove, while ingested objects can cause serious internal damage to children.

Consultation

Section 131E of the CCA provides that an interim ban made under section 109 of the ACL is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA). Section 17 of the LIA requires that the rule maker should consult prior to making a legislative instrument. Section 18 of the LIA outlines the circumstances where consultation may be unnecessary or inappropriate. An instrument which is required as a matter of urgency is an example where consultation is unnecessary or inappropriate (subsection 18(2)(b)).

The Parliamentary Secretary to the Treasurer decided that babies’ dummies which have crystals, beads or other similar ornaments attached create an imminent risk of death, serious illness or serious injury. The Parliamentary Secretary to the Treasurer decided and gave notice that an interim ban should be made without delay, as provided for under section 132J of the CCA. A notice under section 132J of the CCA is not a legislative instrument.

Consultation did not take place prior to imposing the interim ban. The ACCC on behalf of the Commonwealth Minister will invite any person who supplied or proposes to supply goods which are captured under the interim ban to request a conference with the ACCC.

Commencement

This legislative instrument commences on the day specified in the instrument.

Disallowance

This legislative instrument is not subject to disallowance due to section 44 of the Legislation Act 2003.

Sunsetting

This legislative instrument is not subject to sunsetting due to section 54 of the Legislation Act 2003.