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.
Overview
The Competition and Consumer Act 2010 (CCA) was enacted to provide a comprehensive framework for consumer protection, competition policy, and fair trading in Australia. Among its various provisions, the Act includes mechanisms for the Commonwealth Minister to impose interim bans on consumer goods that pose significant health and safety risks. One such instance is the interim ban on babies' dummies to which there are crystals, beads, or other similar ornaments attached to the ring, handle, plug, or shield. This legislative measure was introduced to address the serious health risks posed by these ornaments, which can detach and cause choking, inhalation, or ingestion hazards, particularly in children under the age of three. The policy objective is to protect children from imminent risks of death, serious illness, or serious injury associated with these potentially hazardous products.
The enactment of this interim ban under the CCA was overseen by the Parliamentary Secretary to the Treasurer, who determined that the ornaments on babies' dummies presented a significant risk to children. The decision to impose the ban was made without delay, as mandated by section 132J of the CCA, given the urgent nature of the risk. Although section 132J of the CCA allows for the imposition of such bans without prior consultation, the Australian Competition and Consumer Commission (ACCC) will subsequently invite suppliers of the affected goods to request a conference. The interim ban is not subject to disallowance or sunsetting, ensuring that the protective measures remain in effect until further legislative action is taken.
Scope and Application
The interim ban on babies' dummies with crystals, beads, or similar ornaments attached, applies to any person or entity supplying such consumer goods within Australia. This ban is implemented to address the imminent risk of death, serious illness, or serious injury these products pose to children, particularly those under the age of three, due to the potential for the ornaments to detach and become choking, inhalation, or ingestion hazards. The ban is a direct application of the Competition and Consumer Act 2010, specifically under the Australian Consumer Law, which empowers responsible Ministers to impose interim bans on consumer goods that may cause harm. The Commonwealth Minister, in this case, the Parliamentary Secretary to the Treasurer, exercised their authority under section 132J of the Act to certify the need for an immediate ban without delay. This legislative instrument is effective across the entire Commonwealth, ensuring a national standard of consumer safety regarding the specified products. Notably, this interim ban is not subject to disallowance or sunsetting provisions, reinforcing its immediate and enduring application in safeguarding public health.
Key Provisions
The Competition and Consumer Act 2010 (CCA) provides mechanisms for the Commonwealth Minister to impose interim bans on consumer goods that pose a risk of causing injury to consumers. Specifically, section 109(1)(a) of the Australian Consumer Law (ACL) within the CCA allows for such an interim ban if the Minister believes the goods may cause injury. Furthermore, section 132J(1)(a) of the CCA allows for the Minister to certify an immediate interim ban if the goods create an imminent risk of death, serious illness, or serious injury. This legislative instrument implements an interim ban on babies' dummies that have crystals, beads, or similar ornaments attached to the ring, handle, plug, or shield. This ban was deemed necessary due to the risk these ornaments pose if they detach, potentially causing choking, inhalation, or ingestion hazards, particularly for children under three years of age.
The Act imposes several obligations on parties and entities governed by it. Suppliers of babies' dummies with attached ornaments must cease supplying these products immediately upon the ban's commencement. The Commonwealth Minister is required to publish a notice in accordance with section 132J of the CCA when an imminent risk is identified. Additionally, the Australian Competition and Consumer Commission (ACCC) must invite any person who supplied or intends to supply the banned goods to request a conference to discuss the interim ban. This ensures that all relevant parties are informed and have an opportunity to voice their concerns regarding the ban.
Breach of the interim ban on supplying babies' dummies with attached ornaments can lead to significant consequences. While the explanatory statement does not explicitly detail specific offences, penalties, or consequences, the underlying CCA provides a framework for enforcement. Typically, breaches of the ACL can result in substantial penalties, including fines up to $1.5 million for corporations and $300,000 for individuals, along with potential imprisonment. The CCA also allows for civil penalties and other enforcement actions to ensure compliance with the Act's provisions. Therefore, non-compliance with the interim ban could result in serious legal repercussions for those who continue to supply the banned products.