{"id":"F2010L03300","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 18 of 2010 - Permanent Ban on Goods","slug":"trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85611,"registerId":"commonwealth-F2010L03300-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices Act 1974 - Consumer Protection Notice No. 18 of 2010 - Permanent Ban on Goods","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: COMMONWEALTH OF AUSTRALIA\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nCOMMONWEALTH OF AUSTRALIA\n\n \n\nTRADE PRACTICES ACT 1974\n\n \n\nConsumer Protection Notice No 18 of 2010\n\n \n\nPERMANENT BAN ON GOODS\n\n \n\nI, CRAIG EMERSON, Minister for Competition Policy & Consumer Affairs, pursuant to section 65C(7) of the Trade Practices Act 1974 IMPOSE a permanent ban on goods of a kind specified below.\n\n \n\nParticulars of goods:\n\n \n\nA \"No Holes Tongue Stud\" and similar products as described below are unsafe goods.\n\n \n\nDescription of a \"No Holes Tongue Stud\":\n\n \n\n(i) a small bead with an opening on one side only, which acts to create a vacuum; and\n\n \n\n(ii) is intended for use as jewellery on the human tongue, without the need for piercing.\n\n \n\n \n\n \n\nDated this 30th day of June 2010\n\n \n\n \n\nCRAIG EMERSON\n\nMinister for Competition Policy & Consumer Affairs\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains precisely targeted at its original purpose: banning a specific unsafe consumer product. There is no scope creep—the notice addresses exactly what it purports to address (vacuum-suction tongue jewellery) and nothing more."},"complexity_factors":["Extremely short document (under 300 words)","Only one defined term ('No Holes Tongue Stud') with a simple two-part description","No cross-references to other sections beyond the single empowering provision (section 65C(7))","No conditional logic, exceptions, or procedural requirements","Single, unambiguous prohibition with clear product description","No schedules, tables, or annexures"],"plain_english_summary":"This is a **permanent ban on a specific type of fake tongue jewellery** called a \"No Holes Tongue Stud\" (and similar products).\n\n**What it does:**\n- Prohibits the sale, supply, or manufacture of these products in Australia forever (\"permanent ban\").\n\n**What the product is:**\n- A small bead designed to stick to the tongue using suction (it has an opening on one side only that creates a vacuum).\n- It's meant to look like a real tongue piercing but doesn't require an actual hole in the tongue.\n\n**Why it was banned:**\n- The Minister declared these goods \"unsafe.\" While the notice doesn't spell out the specific dangers, vacuum-suction devices on the tongue can pose choking hazards, tissue damage risks, or other health dangers.\n\n**Who it affects:**\n- **Retailers and suppliers** cannot sell or import these products.\n- **Consumers** cannot legally buy them in Australia (though possession isn't typically penalised—it's the supply chain that's restricted).\n- **Manufacturers** cannot produce them for the Australian market.\n\n**Why it matters:**\nThis is a consumer protection measure using powers under the old *Trade Practices Act 1974* (now largely replaced by the *Australian Consumer Law*). It shows how the government can step in to ban dangerous products without needing to wait for someone to get hurt first—acting on the assessment that the design itself is inherently unsafe."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The notice itself imposes a permanent ban on the goods described; it does not reference or amend any prior notice in the text supplied. There is no information in this instrument about an earlier scope or about any change from prior rules. Accordingly, on the basis of the source text provided, there is no evidence that the scope has changed from any prior instrument."},"complexity_factors":["Very short, single-subject instrument: imposes a permanent ban on a narrowly defined product (low complexity).","Relies on statutory power (s65C(7) of the Trade Practices Act 1974) without reproducing broader statutory enforcement or penalty provisions (requires cross-reference to the Act for enforcement details).","Definition uses concise technical language (\"opening on one side only\", \"acts to create a vacuum\", \"intended for use\") creating potential for borderline interpretation disputes over scope.","Use of the phrase \"and similar products\" expands scope beyond the literal definition and increases interpretive uncertainty.","No enforcement, compliance procedure, or penalty language included in the notice itself, shifting complexity to external statutory or administrative mechanisms."],"plain_english_summary":"The instrument, signed 30 June 2010 by the Minister for Competition Policy & Consumer Affairs, permanently bans “No Holes Tongue Stud” beads—small single‑opening beads that create a vacuum and are sold as non‑piercing tongue jewellery—on the basis they are unsafe goods. It removes lawful supply of that product type, directly affecting manufacturers, importers, retailers and advertisers and indirectly affecting consumers who buy or use such items."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-18-of-2010-permanent-ban-on-goods/documents"}}