Competition and Consumer Act 2010 - Consumer Protection Notice No. 7 of 2013 - Second Extension to the Interim Ban on Certain Consumer Goods Containing Synthetic Drug Substances

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Legislation au F2013L01689 Not in force Legislative Instrument

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REPLACEMENT EXPLANATORY STATEMENT

 

 

Issued by the Authority of the Minister responsible for Competition Policy and Consumer Affairs

 

Competition and Consumer Act 2010

 

Consumer Protection Notice No. 7 of 2013

 

Second extension to the interim ban on certain consumer goods containing synthetic drug substances

 

Background

 

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

 

The Commonwealth Minister (Assistant Treasurer the Hon. David Bradbury) imposed an interim ban on certain consumer goods containing synthetic drug substances on 18 June 2013. Subsection 111(1) of the ACL provides that an interim ban remains in force for a period of 60 days. The interim ban was registered on the Federal Register of Legislative Instruments (FRLI) on 18 June 2013 and was in force for 60 days until the end of 16 August 2013.

 

On 16 August 2013, the Commonwealth Minister extended the interim ban for 30 days from 16 August until 14 September 2013, under subsection 111(2) of the ACL. Consumer Protection Notice No. 5 of 2013, which extended the interim ban for 30 days, was registered on the Federal Register of Legislative Instruments on 16 August 2013 and it commenced on the day of registration.

 

Subsection 111(6) of the ACL provides for the Commonwealth Minister to further extend the ban period by an additional 30 days provided the extended ban period has not ended. 

 

 

Further extension of the interim ban on certain consumer goods containing synthetic drug substances from 14 September 2013 until 13 October 2013.

 

The Commonwealth Minister is extending the interim ban on certain consumer goods containing synthetic drug substances by a further 30 days for the period from 14 September 2013 until 13 October 2013.  The interim ban applies to the supply of certain consumer goods containing psychoactive substances (generally referred to as synthetic drugs) that are a form of synthetic cannabinomimetic, NBOMe type substance, or synthetic cocaine type substance that are proscribed by Schedule 9 of the Poisons Standard 2012 as well as other named products believed to be synthetic drugs. The taking of unapproved psychoactive substances is hazardous to consumers’ health and may result in death, serious illness or serious injury.

 

The interim ban was initially imposed following the imposition of similar interim bans in both New South Wales and South Australia. The Assistant Treasurer decided that the imminent risk of death, serious illness or serious injury in relation to the use of these drugs warranted a national interim ban on their supply. The national interim ban was imposed without delay

 

(as provided for under section 132J of the CCA) and overrode the state interim bans where they applied to the same goods. 

 

The control of the supply of synthetic drug type substances is generally given effect through State and Territory drug laws.  The national interim ban was imposed because the New South Wales and Northern Territory governments did not, at that time, have drug laws that prohibited or regulated the supply of consumer goods containing certain synthetic drug substances.  The imposition of the interim ban meant that the supply of these goods was prohibited while both the New South Wales and Northern Territory governments took steps to update laws to include coverage of all substances that are proscribed by Schedule 9 of the Poisons Standard 2012.

 

The interim ban was imposed via Consumer Protection Notice No. 3 of 2013 and is available on the ComLaw website - http://www.comlaw.gov.au/Details/F2013L01053.

 

The interim ban was due to lapse on 16 August 2013 but was extended by the Assistant Treasurer by 30 days. While the Northern Territory government had updated its drug laws to prohibit the supply of substances proscribed by Schedule 9 of the Poisons Standard 2012, the New South Wales government required additional time to put in place legislation to address these hazards and protect consumers.

 

The Notice to extend the interim ban is Consumer Protection Notice No. 5 of 2013 and is available on the ComLaw website - http://www.comlaw.gov.au/Details/F2013L01584.

 

The New South Wales government requires additional time to finalise relevant legislation to protect consumers and therefore the Assistant Treasurer has decided to further extend the ban period for the interim ban by an additional 30 days.

 

Consultation

 

Subsection 131E(1)(d) of the CCA provides that a notice made under section 111 of the ACL is a legislative instrument. Section 17 of the Legislative Instruments Act 2003 (LIA) states 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 of a minor or machinery nature and that does not substantially alter existing arrangements is an example where consultation is unnecessary or inappropriate (subsection 18(2)(a) of the LIA).

 

The Legislative Instrument extending the extended ban period for the interim ban for a further 30 days is of a minor nature and does not significantly alter existing arrangements; therefore consultation has not been undertaken.

 

When the interim ban was imposed, the Assistant Treasurer decided that the banned substances created an imminent risk of death, serious illness or serious injury. The Assistant Treasurer decided and gave notice that the interim ban should be made without delay, as provided for under section 132J of the CCA. As a result, consultation did not take place prior to imposing the interim ban. However, after the interim ban was imposed, the Assistant Treasurer invited any person who supplied or proposed to supply goods which were captured under the interim ban to request a conference with the Australian Competition and Consumer Commission. A conference was not requested.

 

Commencement

 

This Legislative Instrument commences on 14 September 2013.

 

 

 

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.

 

Period of Effect

 

This (second) extension to the interim ban is effective for a period of 30 days unless the interim ban is revoked beforehand

 

There is no provision for a further (third) extension to an interim ban under the CCA. 

 

 

 

 

 

Overview

The Competition and Consumer Act 2010 (CCA) was enacted to address various issues related to unfair practices, monopolies, and consumer protection within Australia. Specifically, this legislation provides mechanisms for regulating anti-competitive behaviour and ensuring fair trading practices among businesses, as well as protecting consumers from misleading and deceptive conduct. The Act also empowers responsible Ministers to impose interim bans on consumer goods that present a significant risk to public health or safety. Consumer Protection Notice No. 7 of 2013, issued under the authority of the Minister responsible for Competition Policy and Consumer Affairs, further extends an interim ban on certain consumer goods containing synthetic drug substances, which was initially imposed to protect the public from the serious health risks associated with these substances. This extension was enacted due to the need for additional time for the New South Wales government to update its drug laws, ensuring comprehensive regulation of these hazardous substances.

Scope and Application

The Competition and Consumer Act 2010 (CCA) allows for the interim banning of consumer goods that pose a significant risk of causing injury to consumers. Under the Australian Consumer Law (ACL), a responsible Minister may impose such a ban if it appears that a reasonably foreseeable use of the goods will or may cause injury. Pursuant to this authority, the Commonwealth Minister extended an initial interim ban on certain consumer goods containing synthetic drug substances, which was initially imposed on 18 June 2013 for a period of 60 days, and subsequently extended for a further 30 days. This Consumer Protection Notice No. 7 of 2013 provides for a second extension of this interim ban, applying from 14 September until 13 October 2013. The ban applies to the supply of certain consumer goods containing psychoactive substances, which are listed in Schedule 9 of the Poisons Standard 2012 and other named products believed to be synthetic drugs. The interim ban overrides state-level interim bans where applicable and is intended to address the risk of death, serious illness or serious injury posed by these substances. The national interim ban was imposed to ensure consistent regulation across jurisdictions, particularly as some states had not yet updated their drug laws to cover these substances. This legislative instrument, being a minor and procedural extension, does not require consultation, and it is not subject to disallowance or sunsetting provisions.

Key Provisions

The primary sections of the Consumer Protection Notice No. 7 of 2013 (F2013L01689) extend the interim ban on certain consumer goods containing synthetic drug substances. According to section 111(6) of the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (CCA), the Commonwealth Minister can extend the interim ban period by an additional 30 days if certain conditions are met. This notice extends the ban period from 14 September 2013 until 13 October 2013, following an initial 60-day ban and a previous 30-day extension. This extension applies to consumer goods containing psychoactive substances such as synthetic cannabinomimetics, NBOMe type substances, or synthetic cocaine type substances listed in Schedule 9 of the Poisons Standard 2012. The Act imposes specific obligations on parties and entities involved in the supply of these consumer goods. Suppliers are required to cease the supply of any goods covered by the interim ban during the extended period. This includes ensuring that no such goods are supplied, offered for supply, or held for supply within the specified timeframe. The Act also mandates that any goods already supplied before the ban should not be reintroduced into the supply chain. Furthermore, suppliers must comply with any additional regulatory measures implemented by state or territory governments to address these substances. Breaches of the interim ban can lead to significant consequences. Under the ACL, unauthorised supply of goods subject to the interim ban constitutes an offence. Those found guilty of such offences may face penalties, including fines and imprisonment. The maximum penalty for supplying goods under an interim ban can be substantial, reflecting the serious health risks associated with these substances. Additionally, any individual or entity found in breach of the interim ban may also face civil actions, including claims for damages from affected consumers. The Notice highlights that this extension is a minor legislative instrument that does not substantially alter existing arrangements, hence consultation was deemed unnecessary. However, it provides an opportunity for those affected to request a conference with the Australian Competition and Consumer Commission to discuss any concerns or specific circumstances. This measure ensures that the interim ban remains in effect to protect consumers from the health risks associated with synthetic drug substances while allowing for some flexibility in addressing any legitimate business interests.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.