Commonwealth Numbered Regulations - Explanatory Statements

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TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARD) (DISPOSABLE CIGARETTELIGHTERS) 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.


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