REPLACEMENT explanatory STATEMENT
Issued by the Authority of the Parliamentary Secretary to the Treasurer
Competition and Consumer Act 2010
Permanent ban on certain babies’ dummies to which there are crystals, beads or other similar ornaments attached
Background
In July 2011 an interim ban was introduced on babies’ dummies to which there are crystals, beads or other similar ornaments attached to the ring or handle or plug or shield. This interim ban was imposed nationally and with immediate effect.
Once the interim ban was in effect, the Australian Competition and Consumer Commission (ACCC) on behalf of the Commonwealth Minister invited affected suppliers to request a conference in relation to the interim ban. No requests to convene a conference were received.
The scope of the ban has been narrowed such that the permanent ban only applies to babies’ dummies to which there are crystals, beads or other similar ornaments attached which do not comply with the mandatory safety standard for babies’ dummies as well as particular requirements of Australian Standard AS 2432—2009 Babies’ dummies. The requirements specified relate to performance when tested in accordance with the compression, bite and impact tests.
The permanent ban on certain babies’ dummies to which there are crystals, beads or other similar ornaments attached.
Certain babies’ dummies to which there are 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.
Given the intended use of babies’ dummies and the fact that they are often used by children while unsupervised, the hazard created by decorations detaching is unacceptable. Children under the age of three 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
Under the Competition and Consumer Act 2010 (CCA), a permanent ban 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. Prior to revoking the interim ban and imposing the permanent ban a proposed ban notice, inviting suppliers to request a conference with the ACCC was published on the internet as required by section 132 of the CCA. Known suppliers of dummy chains to which there are crystals, beads or other similar ornaments attached were provided with a copy of the proposed ban notice in accordance with section 132K of the CCA. Suppliers did not 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.