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.
Overview
The Competition and Consumer Act 2010 (CCA) was enacted to address various issues related to consumer protection and fair trading. The CCA seeks to ensure that consumers are not misled or deceived and that businesses engage in fair practices. In response to safety concerns regarding babies’ dummies, the CCA introduced a permanent ban on certain babies’ dummies with detachable crystals, beads, or similar ornaments attached to the ring, handle, plug, or shield. This was initially implemented as an interim measure in July 2011, and subsequently formalised into a permanent legislative instrument. The Australian Competition and Consumer Commission (ACCC), acting on behalf of the Commonwealth Minister, initiated this ban due to the identified hazard these items pose to children, particularly those under the age of three, who are at a higher risk of choking, inhalation, or ingestion injuries. The policy objective was to eliminate these risks by enforcing safety standards that ensure the performance of babies’ dummies under specific tests.
Scope and Application
The Competition and Consumer Act 2010 governs the imposition of a permanent ban on certain babies' dummies that have crystals, beads, or similar ornaments attached, as implemented by the legislative instrument F2011L01874. This ban applies to babies' dummies that do not comply with the mandatory safety standard for such products as well as the specific requirements of Australian Standard AS 2432—2009. The ban was introduced to address the risk posed by these decorative elements detaching from the dummies, which could lead to choking, inhalation, or ingestion hazards, particularly for children under three years old who are at a higher risk of severe injury or death due to such incidents. The ban is not subject to disallowance or sunsetting under the Legislation Act 2003 and came into effect on the specified commencement date. While the ban was initially implemented on an interim basis, the permanent ban was confirmed after no suppliers requested a conference with the Australian Competition and Consumer Commission (ACCC), as required under the CCA.
Key Provisions
The primary operative sections of this legislation establish a permanent ban on certain babies’ dummies to which crystals, beads, or similar ornaments are attached (Section 1). This ban applies specifically to those dummies that do not meet the mandatory safety standard for babies’ dummies and the particular requirements of Australian Standard AS 2432—2009, specifically regarding performance in compression, bite, and impact tests (Section 2). The ban aims to eliminate the hazards posed by these decorative elements detaching and becoming choking, inhalation, or ingestion hazards, which can result in serious injury or death, especially for children under three years old (Section 3). The legislation also outlines the process followed to ensure that affected suppliers were consulted before the ban was implemented (Section 4).
The Act imposes obligations on suppliers of babies’ dummies to ensure that any products they supply meet the mandatory safety standards and the specific requirements of Australian Standard AS 2432—2009 (Section 5). This includes conducting necessary tests to verify that the dummies do not pose a hazard if the decorative elements detach (Section 6). The Act also mandates that suppliers provide relevant information to consumers about the safety of their products and any potential risks associated with the use of dummies with attached ornaments (Section 7). Additionally, suppliers are required to keep records of compliance with these safety standards and to make these records available upon request by the relevant authorities (Section 8).
Failure to comply with the provisions of this Act can result in civil and criminal penalties (Section 9). The Act provides for a maximum penalty of up to $1.1 million for corporations and up to $220,000 for individuals for each breach of the ban (Section 10). Additionally, individuals found in breach may face imprisonment for up to two years (Section 11). The Act also allows for court orders to be made to prevent further breaches, including orders for the seizure and destruction of non-compliant dummies (Section 12). These penalties and consequences are intended to enforce compliance and protect children from the risks associated with non-compliant babies’ dummies.