{"id":"tas:act-1973-111","name":"Flammable Clothing Act 1973","slug":"flammable-clothing-act-1973","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"111 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110204,"registerId":"tas-act-1973-111-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Flammable Clothing Act 1973](/view/html/inforce/2026-04-12/act-1973-111) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Subsection (1) amended by No. 69 of 1987, s. 3 \\]**\\[Section 2 Subsection (1) amended by No. 53 of 1988, s. 27 and Sched. 4 \\]*\n> \n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***Australian Standard*** means a standard issued by the Standards Association of Australia;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002\\]*](/view/html/inforce/2002-01-24/act-1996-017#AT@EN) ***authorized officer*** means the Director of Consumer Affairs and Fair Trading and a person declared to be or appointed as an authorized officer under [Part III of the](/view/html/inforce/2026-04-12/act-1988-053#HPIII@EN) [Consumer Affairs Act 1988](/view/html/inforce/2026-04-12/act-1988-053) ;\n> > \n> > > ***prescribed article of clothing*** means an article of clothing that is prescribed to be an article of clothing to which this Act applies.\n> \n> > (2)  References in this Act to the selling of an article shall be deemed to include references to offering or exposing that article for sale, and to the having possession of that article for any purpose of advertisement or trade.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Prohibition on selling certain articles of clothing","content":"### 3 Prohibition on selling certain articles of clothing\n\n> *\\[Section 3 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 \\]*\n> \n> > (1)  No person shall sell a prescribed article of clothing unless it is marked or labelled in accordance with the regulations made under this Act.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.\n> \n> > (2)  In proceedings for an offence under this section in relation to a prescribed article of clothing, it shall be a defence for the defendant to show that at the time the offence is alleged to have been committed he had a belief, based on reasonable grounds, that that article of clothing was marked or labelled in accordance with the regulations under this Act, or was not a prescribed article of clothing.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Evidence of Australian Standards","content":"### 4 Evidence of Australian Standards\n\n> In any proceedings for an offence under this Act production of a document purporting to be a copy of an Australian Standard is, unless the contrary is shown, sufficient evidence that the contents of that document, so far as they purport to be that Australian Standard, are that standard.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Powers of inspectors","content":"### 5 Powers of inspectors\n\n> *\\[Section 5 Subsection (1) amended by No. 69 of 1987, s. 4 \\]**\\[Section 5 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 \\]**\\[Section 5 Subsection (4) amended by No. 69 of 1987, s. 4 \\]*\n> \n> > (1)  An authorized officer may –\n> > \n> > > > (a) [*\\[Section 5 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002\\]*](/view/html/inforce/2002-01-24/act-1996-017#AT@EN) enter any premises where any prescribed articles of clothing are manufactured or sold or where he has reasonable grounds for believing any such articles are manufactured or sold; and\n> > > \n> > > > (b) [*\\[Section 5 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002\\]*](/view/html/inforce/2002-01-24/act-1996-017#AT@EN) inspect any documents or things he finds on any such premises that, in his opinion, relate to the manufacture or sale of prescribed articles of clothing; and\n> > > \n> > > > (c) require any person whom he finds on any such premises to give him such information as he may require with regard to any prescribed article of clothing thereon (whether manufactured or partly manufactured) or any material or article thereon that appears to him to be intended for use for the manufacture of prescribed articles of clothing on those premises; and\n> > > \n> > > > (d) seize and detain any prescribed article of clothing, or any document or thing that he believes, on reasonable grounds, would afford evidence of the commission of an offence under this Act.\n> \n> > (2)  A person is not obliged under [subsection (1)](#GS5@Gs1@EN) to give any information that may tend to incriminate him.\n> \n> > (3)  A person who, without reasonable excuse (proof whereof lies on him) –\n> > \n> > > > (a) refuses or fails to give any information required of him under [subsection (1)](#GS5@Gs1@EN) ; or\n> > > \n> > > > (b) in response to such a requirement gives any information that is false in a material respect –\n> > \n> > is guilty of an offence and liable to a fine not exceeding 2 penalty units.\n> \n> > (4)  Where any article, document, or thing is seized under this section the authorized officer may cause it to be retained until the termination of the proceedings for the offence in relation to which it was so seized, except that if those proceedings are not commenced within 28 days of the seizure the authorized officer or the person having the custody or charge of the article, document, or thing shall cause it to be returned to the premises on which it was seized.\n> \n> > (5)  A court in which the proceedings referred to in [subsection (4)](#GS5@Gs4@EN) are taken may direct the article, document, or thing to be dealt with or disposed of in such manner as it thinks fit.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Regulations","content":"### 6 Regulations\n\n> > (1)  The power of the Governor to make regulations under this Act with respect to any article of clothing may be exercised for such purposes as he may consider appropriate having regard to the degree of flammability of the article, or the effect of heat on the article; and references in this subsection to an article of clothing shall be construed as including references to any part thereof, and to the material of the article or any part thereof.\n> \n> > (2)  The Governor may make regulations –\n> > \n> > > > (a) prescribing articles of clothing of any specified kind, type, class, or description to be articles of clothing to which this Act applies; and\n> > > \n> > > > (b) prescribing the manner and form in which any prescribed article of clothing is to be marked or labelled.\n> \n> > (3)  Without prejudice to the generality of the provisions of [subsection (2)](#GS6@Gs2@EN) regulations made for the purposes of [paragraph (b)](#GS6@Gs2@Hpb@EN) thereof may –\n> > \n> > > > (a) [*\\[Section 6 Subsection (3) amended by No. 17 of 1996, Applied:24 Jan 2002\\]*](/view/html/inforce/2002-01-24/act-1996-017#AT@EN) prescribe the manner in which any marking or label is to be displayed on, or affixed or attached to, any article of clothing; and\n> > > \n> > > > (b) prescribe the contents of any such marking or label, whether those contents relate to matters of information, instruction, or warning, or any other matter; and\n> > > \n> > > > (c) prescribe any matters affecting the form of the label or any of its contents.\n> \n> > (4)  Regulations under this Act may make different provision with respect to different articles of clothing.\n> \n> > (5)  Regulations under this Act may incorporate by reference, whether with or without modification or alteration, any of the provisions of an Australian Standard.","sortOrder":5}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, the Act appears to have retained its original focus on regulating flammable clothing. The lack of significant amendments since at least 2002 suggests no major expansion or contraction of scope over time."},"complexity_factors":["Only metadata and header information was provided — no operative legal provisions are visible, making substantive analysis impossible","The Act appears narrow and topic-specific in scope, which typically indicates lower complexity","It is a 1973 Act with infrequent amendments, suggesting a relatively stable and simple framework","Flammable clothing regulation is a well-established area of consumer product safety law with straightforward intent"],"plain_english_summary":"The Flammable Clothing Act 1973 (Tas.) is a state law aimed at reducing fire risks from clothing by empowering safety standards for garments that ignite or burn dangerously. It primarily affects manufacturers, importers, sellers and consumers in Tasmania—historically with focus on children’s nightwear—and matters because flammable clothes can cause severe burns. Note: the supplied text includes only administrative/header material, so specific operative provisions aren’t available here."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The supplied text contains no indication that the Act's substantive scope has been altered from its original design. The statutory ambit is intentionally delegated to regulations (definition of 'prescribed article' and labelling rules in s.6), so practical coverage depends on subordinate instruments rather than amendments visible in the Act itself (ss.2, 6)."},"complexity_factors":["Scope set by subordinate regulation rather than the Act itself — 'prescribed article' depends on regulations, increasing legal uncertainty for businesses (s.2, s.6).","Significant administrative discretion to the executive in defining covered items and label content, including incorporation of Australian Standards by reference (s.6(2), s.6(5)).","Enforcement powers allow entry, inspection, seizure and information demands, creating compliance and operational risk for sellers and manufacturers (s.5(1)(a)–(d)).","Evidentiary provision treats produced copies of Australian Standards as prima facie evidence, lowering courtroom proof burdens (s.4).","Penalties are modest but include strict procedural effects (seizure retention rules, return after 28 days absent proceedings) that affect business inventory flow (s.3(1); s.5(4)).","Defence of reasonable belief about labelling shifts evidential burden to defendants in prosecution (s.3(2))."],"plain_english_summary":"This Act requires sellers to mark or label clothing that the regulations designate as \"prescribed\" for flammability; selling unlabelled prescribed garments is an offence with a small fine. It gives authorised officers powers to enter premises, inspect documents and goods, seize items, and require information, and it lets the Governor make regulations (including adopting Australian Standards) to define which garments and what labels are required. Practically, sellers pay labelling and compliance costs; regulators decide scope and exercise enforcement discretion (ss.2–6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: regulating the sale of flammable clothing through labelling requirements and enforcement powers. The amendments visible in the text (1987, 1988, 1994, 1996) are machinery updates — changing penalty unit references and updating the mechanism for appointing authorized officers — rather than expansions of substantive scope. The core prohibition in section 3 and the regulatory framework in section 6 remain unchanged in character from 1973."},"complexity_factors":["Only 6 sections total, with straightforward structure","Minimal defined terms: only 3 key definitions ('Australian Standard', 'authorized officer', 'prescribed article of clothing')","Simple conditional logic: one main offence (selling unlabelled prescribed clothing) with one statutory defence","Cross-references limited to external Act (Consumer Affairs Act 1988 for inspector appointments) and self-references within the Act","No nested exceptions or complex deeming provisions beyond basic 'deemed to include' in section 2(2)","Regulation-making power is broad but clearly structured in subsections (2)-(5)"],"plain_english_summary":"**What this law does:**\n\nThis Act makes it illegal to sell clothing that catches fire easily unless it has proper warning labels. It's designed to protect people — especially children — from buying clothes that could burn dangerously fast.\n\n**Who it affects:**\n\n- **Retailers and manufacturers** of clothing — they must label flammable items correctly or face fines\n- **Consumers** — they get safety information about fire risks on their clothes\n- **Government inspectors** — they get powers to check shops and factories, seize dangerous stock, and gather evidence\n\n**How it works:**\n\n- The Governor (acting on government advice) can make regulations declaring which types of clothing are \"prescribed\" (covered by this law) and what the labels must say\n- Clothing sellers must mark or label these items according to the regulations — **penalty: up to 5 penalty units** (a fine, roughly $1,000+ depending on the jurisdiction)\n- Sellers have a defence if they genuinely believed the clothing was properly labelled or wasn't covered by the law\n- **Inspectors** (called \"authorized officers\") can:\n  - Enter premises where clothes are made or sold\n  - Inspect documents and stock\n  - Demand information about manufacturing\n  - Seize items as evidence\n  - Hold seized items for up to 28 days (or until court proceedings end)\n- People don't have to give information that would incriminate themselves, but refusing to answer without a good excuse or lying carries a **fine up to 2 penalty units**\n\n**Why it matters:**\n\nBefore this law, dangerously flammable clothing — particularly children's nightwear — could be sold without warnings. This Act gives the government tools to set safety standards, enforce compliance, and take dangerous products off the market."}},"importantCases":[],"_links":{"self":"/api/acts/flammable-clothing-act-1973","history":"/api/acts/flammable-clothing-act-1973/history","analysis":"/api/acts/flammable-clothing-act-1973/analysis","conflicts":"/api/acts/flammable-clothing-act-1973/conflicts","importantCases":"/api/acts/flammable-clothing-act-1973/important-cases","documents":"/api/acts/flammable-clothing-act-1973/documents"}}