{"id":"F2011L00228","name":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 18 of 2011 - Permanent ban on toy-like novelty cigarette lighters","slug":"competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86443,"registerId":"commonwealth-F2011L00228-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 18 of 2011 - Permanent ban on toy-like novelty cigarette lighters","content":"COMMONWEALTH OF AUSTRALIA\n\nCOMPETITION AND CONSUMER ACT 2010\n\nConsumer Protection Notice No. 18 of 2011\n\nPERMANENT BAN ON TOY‑LIKE NOVELTY CIGARETTE LIGHTERS\n\nI, DAVID BRADBURY, Parliamentary Secretary to the Treasurer, pursuant to subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010, IMPOSE a permanent ban on the goods specified below.\n\nParticulars of Goods\n\nToy‑like novelty cigarette lighters, being devices which are intended to produce a flame to set alight cigarettes, or other combustible material and are likely to be appealing to children under 5 years of age by appearing to be a toy taking into account the totality of the design which may depict stylised animals, cartoon characters or be of colour(s), or of a scale typical of toys.\n\nNote: Goods subject to this Notice and which fail to comply may be subject to compulsory recall.\n\nDated this 1st day of February 2011.\n\nDAVID BRADBURY\n\nParliamentary Secretary to the Treasurer","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope — a targeted safety ban on a specific category of dangerous consumer goods. There is no evidence of scope creep; it does exactly what the title suggests and contains no ancillary provisions that expand beyond the stated purpose."},"complexity_factors":["Single substantive provision with no defined terms","No cross-references to other sections within the instrument itself","Plain language description of banned goods without technical specifications","No conditional logic, exceptions, or nested provisions","Extremely short — approximately 150 words of operative text","Single administrative action (imposition of ban) with straightforward criteria"],"plain_english_summary":"This is a **permanent ban on cigarette lighters that look like toys**.\n\n**What it does:**\n- Prohibits the sale of cigarette lighters that are designed to appeal to young children (under 5 years old)\n- Targets lighters that look like toys because of their colours, cartoon characters, animal shapes, or small size\n\n**Who it affects:**\n- **Manufacturers and importers** of novelty lighters\n- **Retailers** who sell these products\n- **Consumers** — specifically protects young children who might mistake a dangerous lighter for a toy\n\n**Why it matters:**\nChildren under 5 are naturally drawn to bright colours and familiar characters. If a child picks up a lighter thinking it's a toy, they could accidentally start a fire or burn themselves. This ban removes that risk by stopping these products from entering the Australian market entirely.\n\n**Consequences:**\nIf someone sells these banned lighters, the products can be **compulsorily recalled** (forced removal from sale) and the seller may face penalties under consumer protection law."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Notice imposes a permanent ban on the specified class of goods as set out in the instrument. The text itself defines the banned items and notes possible compulsory recall. There is no language within the instrument indicating a change from an earlier scope; the Notice sets its scope directly in the “Particulars of Goods” and does not amend or narrow that definition within the instrument."},"complexity_factors":["Narrow substantive scope (single product category) reduces overall complexity.","Key test is qualitative: whether a lighter is “likely to be appealing to children under 5” based on the “totality of the design” — introduces interpretive uncertainty for suppliers and enforcers.","Illustrative, non‑exhaustive examples (stylised animals, cartoon characters, colours, scale) require case‑by‑case assessment.","Recall power referenced but procedural details for triggering and administering recalls are not specified in the Notice, leaving enforcement mechanisms to other instruments or authorities.","Multiple affected parties across the supply chain (manufacturers, importers, retailers) must determine compliance status for existing and future stock."],"plain_english_summary":"This Notice permanently bans “toy‑like” cigarette lighters—those designed to produce a flame and that, by overall appearance (e.g. stylised animals, cartoonish shapes, toy scale), are likely to appeal to children under five. It also permits compulsory recall of non‑compliant stock.\n\nThe ban directly affects manufacturers, importers, distributors and retailers (who face redesign, disposal and recall costs) and consumers (who lose access to such novelty designs). The rule hinges on a factual, interpretive test of “appeal to children,” creating compliance and enforcement uncertainty."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like","history":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like/history","analysis":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like/analysis","conflicts":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like/conflicts","importantCases":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like/important-cases","documents":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-18-of-2011-permanent-ban-on-toy-like/documents"}}