{"id":"F2017L00236","name":"Australian Consumer Law Imposition of interim ban on Certain Decorative Alcohol Fuelled Devices","slug":"australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95943,"registerId":"commonwealth-F2017L00236-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Consumer Law Imposition of interim ban on Certain Decorative Alcohol Fuelled Devices","content":"COMMONWEALTH OF AUSTRALIA\n\nCOMPETITION AND CONSUMER ACT 2010\n\nIMPOSITION OF INTERIM BAN ON CERTAIN DECORATIVE ALCOHOL FUELLED DEVICES\n\nI, MICHAEL McCORMACK, Minister for Small Business, pursuant to section 109(1)(b) of the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010, impose an interim ban on consumer goods being decorative alcohol fuelled devices of a kind specified below.\n\nThis interim ban follows the imposition of an interim ban by the Hon. Michael Mischin MLC, Western Australia Minister for Commerce and which is in force in Western Australia.\n\nThis Notice commences on the day after it is registered on the Federal Register of Legislation.\n\nThe effect of this Notice is to ban the supply of such consumer goods for a period of 60 days from the day after this Notice is registered on the Federal Register of Legislation.\n\nParticulars of Consumer Goods\n\nDevices designed for domestic use producing a flame using alcohol as fuel, primarily for decorative purpose, excluding each of the following:\n\n1.  those with a power output more than 4.5 kilowatts;\n2.  those that require installation in a fixed position;\n3.  those designed for food warming;\n4.  those with a dry weight of at least 8 kilograms and a footprint of at least 900 square centimetres and that satisfy one or more of the following:\n\n    a) the device has a fuel tank that must be removed from the device for refuelling and the device displays a permanent, prominent legible warning with the following text:\n\nWARNING\n\nFilling an alcohol fuelled device while lit has caused severe burns.\n\nYou must remove the fuel tank from the device before refilling.\n\nWhen refilling first check the flame is extinguished and that the device is cool.\n\nor\n\n    b) the device is supplied with a fuel container that incorporates a flame arrestor and the device displays a permanent, prominent legible warning with the following text:\n\nWARNING\n\nFilling an alcohol fuelled device while lit has caused severe burns.\n\nWhen refilling only use containers with a flame arrestor.\n\nWhen refilling first check the flame is extinguished and that the device is cool.\n\nInterpretation:\n\nDevices designed for domestic use producing a flame using alcohol as fuel, primarily for decorative purpose, are used for heating and display purposes. The fuel is typically ethanol in liquid or (less commonly) gel form. The most common form is methylated spirits (ethanol and around 10 per cent methanol) which may also be marketed as bio-ethanol or eco-fuel.\n\nFootprint means the projected area beneath the device when placed on a horizontal surface in its normal operating configuration.\n\nDated this 15th day of March 2017\n\nMICHAEL McCORMACK\n\nMinister for Small Business","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument imposes a 60‑day federal prohibition on supplying the same category of decorative alcohol‑fuelled domestic devices described in the Notice, with explicit exclusions and conditions. It follows a prior Western Australian interim ban and does not, on its face, broaden or narrow the listed device categories beyond those specified."},"complexity_factors":["Single, time-limited measure (60 days) with immediate commencement the day after registration — low temporal complexity but rapid operational impact for suppliers.","Multiple, specific exclusions and quantitative thresholds (power >4.5 kW; dry weight ≥8 kg; footprint ≥900 cm²) requiring measurement and classification by suppliers.","Conditional exemptions tied to presence of specified permanent warnings or supplied fuel containers with flame arrestors — creates dependency on label/content compliance.","Definitions and interpretation statements (e.g. ‘footprint’, typical fuels) that constrain scope but require factual findings about product design and fuel form.","Authority invoked under section 109(1)(b) of the Australian Consumer Law — centralised ministerial decision-making for interim ban status.","Reference to an existing Western Australian interim ban — creates interjurisdictional alignment but may raise enforcement/consistency questions for national suppliers."],"plain_english_summary":"This Ministerial notice, made under the Australian Consumer Law, imposes a 60‑day federal ban on supplying domestic decorative alcohol‑fuelled flame devices. It targets businesses that manufacture, import, distribute or retail those products and takes effect the day after registration.\n\nThe ban excludes larger, fixed, or food‑warming units and devices meeting weight/footprint thresholds that carry specified warnings or use vessels with flame arrestors. Suppliers must quickly determine which products fall inside the prohibition and adjust sales, labelling or distribution accordingly."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This interim ban instrument remains tightly scoped to its original purpose: addressing immediate safety risks from specific decorative alcohol-fuelled devices. The four exemptions reflect targeted carve-outs for inherently safer or different-use categories, without expanding beyond the core safety concern."},"complexity_factors":["Short, single-purpose instrument (approximately 400 words)","Only 4 defined/exempted categories with clear criteria (power output, installation type, purpose, weight/footprint combinations)","Simple conditional logic: ban applies unless one of four exemptions applies","Nested condition in exemption 4 requiring both physical characteristics (weight AND footprint) AND one of two safety features (removable tank with warning OR flame arrestor with warning)","No cross-references to other legislation beyond the enabling provision (section 109(1)(b) of the Australian Consumer Law)","Plain English interpretation section provided for key terms"],"plain_english_summary":"For 60 days, Australia bans retail supply of small, portable decorative alcohol‑fuelled flame devices (ethanol/methylated‑spirit fireplaces and similar household items) following serious burn incidents from refuelling hot units. The pause targets lightweight, compact, non‑permanently installed units while authorities assess permanent controls. Exemptions include permanently installed or high‑power fixtures, food warmers, and larger/heavier models with specified safety features. Retailers, consumers, manufacturers and importers are directly affected."}},"importantCases":[],"_links":{"self":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices","history":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices/history","analysis":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices/analysis","conflicts":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices/conflicts","importantCases":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices/important-cases","documents":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-certain-decorative-alcohol-fuelled-devices/documents"}}