Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations (Amendment) 1997 No. 245
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 245
Issued by the Authority of the Minister for Customs and Consumer Affairs
Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations (Amendment)
Section 172 of the Trade Practices Act 1974 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 65C(1) of the Act provides that a corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, if the goods are of a kind:
(a) in respect of which there is a prescribed consumer product safety standard and which do not comply with that standard;
(b) in respect of which there is in force a notice under this section declaring goods to be unsafe goods; or
(c) in respect of which there is in force a notice under this section imposing a permanent ban on the goods.
Subsection 65C(2) of the Act provides that a regulation may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as to:
(a) performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods;
(b) testing of the goods during, or after the completion, of manufacture or processing; and
(c) the form and content of markings, warnings or instructions to accompany the goods,
as are reasonably necessary to prevent or reduce risk of injury to any person.
The purpose of the amendment to the regulation is to make cheap refillable cigarette lighters with a Customs Valuation or ex-factory price of under A$2.00 subject to the performance and child resistance features of the Trade Practices Act Regulations, thus preventing their use as substitutes for non child-resistant disposable cigarette lighters.
The amendment. provides for the inclusion of refillable lighters with an ex-works price or customs
Value of under A$2.0 as-adjusted every five years to the nearest twenty five cents in accordance with the percentage change in the Australian Bureau of Statistics quarterly consumer price index weighted average for eight capital cities (all groups( and will take effect from 1 October 1997.
Overview
The Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations (Amendment) 1997 No. 245 was enacted by the Australian Parliament to address a gap in consumer product safety standards for disposable cigarette lighters. This amendment to the Trade Practices Act 1974 was introduced to ensure that refillable lighters, particularly those with a low price point, meet stringent safety standards and are child-resistant, thereby preventing their use as unsafe alternatives to disposable lighters. The amendment, which took effect on 1 October 1997, was made under the authority of the Minister for Customs and Consumer Affairs. The policy objective was to enhance consumer safety by ensuring that all cigarette lighters supplied in trade or commerce meet specified safety standards, thereby reducing the risk of injury.
Scope and Application
The Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations (Amendment) 1997 No. 245 applies to corporations engaged in trade or commerce within Australia, specifically targeting the supply of goods intended for consumer use. These regulations focus on disposable cigarette lighters, particularly those that are refillable and have a low cost, to ensure they meet prescribed safety standards. The amendment aims to prevent these low-cost lighters from being used as substitutes for non-child-resistant disposable lighters, thereby reducing the risk of injury, especially among children. The regulation's scope includes setting performance and child resistance standards for such lighters, which corporations must comply with to avoid contravening the Trade Practices Act 1974. The amendment also adjusts the price threshold every five years based on changes in the Australian Bureau of Statistics' consumer price index, ensuring the regulation remains relevant and effective over time.
Key Provisions
The Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations (Amendment) 1997 No. 245 sets forth specific safety requirements for disposable cigarette lighters, particularly focusing on refillable ones. Section 65C(2) of the Trade Practices Act 1974, as amended by this regulation, mandates that these lighters must meet certain performance and child resistance standards. These standards include specifications on the lighter's design, construction, finish, and packaging, ensuring they are safe for consumer use and particularly for preventing access by children.
The Act imposes obligations on corporations to ensure that any lighters supplied in trade or commerce comply with these safety standards. This means corporations must verify that their products meet the prescribed standards before they are made available to consumers. Failure to comply with these standards can result in legal consequences, as outlined under Section 65C(1) of the Act, which prohibits the supply of non-compliant goods to consumers.
Under the amended regulations, any corporation found to be supplying lighters that do not meet the prescribed safety standards can face significant penalties. These penalties may include fines and other civil or criminal consequences. The exact penalties are not specified within the provided text, but it is clear that non-compliance with the safety standards is taken seriously under the Act. The intention behind these stringent measures is to protect consumers, particularly children, from the potential hazards associated with unsafe lighters.