REPLACEMENT explanatory STATEMENT
Issued by the Authority of the Parliamentary Secretary to the Treasurer
Competition and Consumer Act 2010
Permanent ban on certain pins, ribbons, strings, cords, chains, twines, leathers, yarns, or any other similar article to which there are crystals, beads or other similar ornaments attached, which are designed to be attached to babies’ dummies
Background
In July 2011 an interim ban was introduced on pins, ribbons, strings, cords, chains, twines, leathers, yarns, or any other similar article to which there are crystals, beads or other similar ornaments attached, which are designed to be attached to babies’ dummies (dummy chains). 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 however the ACCC did receive submissions from suppliers providing feedback on the interim ban.
Following this consultation, the scope of the ban has been narrowed such that the permanent ban only applies to dummy chains to which there are crystals, beads or other similar ornaments attached and which do not comply with nominated requirements of European Standard EN 12586:2007 + A1:2011 Child use and care articles – Soother holder – Safety requirements and test methods. The requirements specified relate to length, impact resistance, durability of the garment fastener and tensile strength.
The permanent ban on certain pins, ribbons, strings, cords, chains, twines, leathers, yarns, or any other similar article to which there are crystals, beads or other similar ornaments attached, which are designed to be attached to babies’ dummies.
Certain pins, ribbons, strings, cords, chains, twines, leathers, yarns, or any other similar article to which there are crystals, beads or other similar ornaments attached, which are designed to be attached to babies’ dummies 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
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 was enacted to address the hazards posed by certain baby dummy accessories, specifically those with detachable crystals, beads, or ornaments that could detach and become a choking, inhalation, or ingestion hazard. In response to this risk, the Australian Competition and Consumer Commission (ACCC) introduced an interim ban in July 2011 on such articles designed to be attached to babies' dummies. Following consultations with affected suppliers, the ban was made permanent but narrowed to cover only those accessories that did not meet the specified safety requirements of European Standard EN 12586:2007 + A1:2011. The objective of this legislative action is to safeguard children, particularly those under the age of three, from serious injury or death arising from the use of unsafe baby dummy accessories. The legislative instrument is not subject to disallowance or sunsetting provisions.
Scope and Application
The Competition and Consumer Act 2010 (CCA) applies to any entity or person involved in the manufacture, supply, or distribution of certain pins, ribbons, strings, cords, chains, twines, leathers, yarns, or any other similar article to which there are crystals, beads or other similar ornaments attached, designed to be attached to babies’ dummies. The Act specifically targets products that do not comply with the nominated requirements of European Standard EN 12586:2007 + A1:2011, focusing on aspects such as length, impact resistance, durability of the garment fastener, and tensile strength. This permanent ban operates nationally and is enforced by the Australian Competition and Consumer Commission (ACCC) on behalf of the Commonwealth Minister. No suppliers requested a conference with the ACCC following the proposed ban notice, and thus the permanent ban was implemented as specified. The legislative instrument is effective from the date specified within the instrument and is not subject to disallowance or sunsetting provisions.
Key Provisions
The Competition and Consumer Act 2010 (CCA) has been amended by the legislative instrument F2011L01877 to impose a permanent ban on certain baby dummy chains under Section 132. The ban targets pins, ribbons, strings, cords, chains, twines, leathers, yarns, or any similar article to which there are crystals, beads or other similar ornaments attached, that are designed to be attached to babies’ dummies (subsection (1)). These articles pose a significant risk to children if the ornaments detach, potentially causing choking, inhalation, or ingestion hazards that can result in death, serious illness, or injury (subsection (2)). The ban only applies to dummy chains that do not comply with the specified requirements of European Standard EN 12586:2007 + A1:2011, relating to length, impact resistance, durability of the garment fastener, and tensile strength (subsection (3)). The legislative instrument, which was introduced to address these safety concerns, commenced on the day specified within the instrument (subsection (4)).
Under the Act, parties affected by the ban, specifically suppliers of dummy chains, were required to consult with the Australian Competition and Consumer Commission (ACCC) as per Section 132 of the CCA. A proposed ban notice was published online as mandated by Section 132 of the CCA, and known suppliers of the affected chains were provided with a copy of this notice in accordance with Section 132K of the CCA. Despite the opportunity for a conference, no requests were made by the suppliers, indicating a general acceptance or lack of objection to the proposed ban (subsection (5)). The legislative instrument is not subject to disallowance or sunsetting as stipulated in Sections 44 and 54 of the Legislation Act 2003 respectively (subsection (6)).
Breaches of the permanent ban on baby dummy chains under the Competition and Consumer Act 2010 can result in civil and criminal penalties. Suppliers or entities that manufacture, supply, or distribute non-compliant dummy chains may face fines up to the maximum penalties specified under the Act. For individuals, the maximum penalty is 500 penalty units (approximately AUD 59,500 at the time of writing), while for corporations, the penalty can be up to 5,000 penalty units (approximately AUD 595,000). Additionally, a court may order the confiscation and destruction of the non-compliant products, and in severe cases, imprisonment for up to five years may be imposed for criminal offences (subsection (7)). These stringent measures are in place to ensure compliance and protect children from the potential hazards associated with non-compliant dummy chains.