{"id":"F2010L03298","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 2 of 2004 - Permanent Ban on Goods","slug":"trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85604,"registerId":"commonwealth-F2010L03298-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. 2 of 2004 - 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. 2 of 2004\n\n \n\nPERMANENT BAN ON GOODS\n\n \n\nI, Ross Cameron, Parliamentary Secretary to the Treasurer, 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\nAny mini-cup jelly confectionery product containing the ingredient \"konjac\" (also known as glucomannan, conjac, konnyaku, konjonac, taro powder and yam flour), having a height or width of less than or equal to 45mm.\n\n \n\n \n\nDated this 13th day of April 2004\n\n \n\n \n\nROSS CAMERON\n\nParliamentary Secretary to the Treasurer\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The notice implements exactly what its title suggests: a targeted, permanent product ban based on specific safety risk (choking hazard from konjac mini-cup jellies). The scope remains tightly confined to the particular goods described."},"complexity_factors":["Extremely short document (under 200 words)","Single operative provision with clear trigger conditions","Only 6 alternative names for the banned ingredient to capture","No cross-references to other legislation beyond the empowering provision (s 65C(7))","Simple dimensional test (≤45mm height or width)","No exceptions, exemptions, or conditional logic"],"plain_english_summary":"**What this is:** A permanent ban on a specific type of lolly (candy) that was choking children.\n\n**What it does:**\n*   **Bans:** Mini-cup jelly confectionery (think small, cup-shaped jelly lollies) that contains an ingredient called \"konjac\" (also sold under names like glucomannan, konnyaku, or yam flour).\n*   **Size limit:** Only applies if the lolly is 45mm or smaller in height or width — roughly the size of a large grape or smaller.\n*   **Why:** These lollies were causing children to choke. Konjac makes the jelly incredibly dense and slippery — it doesn't dissolve easily in the mouth and can block a child's airway completely. The 45mm size is particularly dangerous because it's small enough to lodge in a child's throat.\n\n**Who it affects:**\n*   **Importers and retailers:** Cannot import or sell these specific konjac mini-cup jellies in Australia.\n*   **Consumers:** Parents can no longer buy these products here (though similar products without konjac are still legal).\n\n**Why it matters:** This is a public safety measure. Several children overseas had died or nearly died from choking on these lollies. The ban prevents those specific dangerous products from entering the Australian market. It's a \"permanent ban\" — meaning there's no expiry date, unlike temporary safety recalls."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The notice itself imposes a permanent ban on the narrowly defined product. The text supplied does not indicate any prior or altered scope relative to earlier instruments or intentions; it simply defines the banned goods and records the date and signatory. Therefore there is no indication in this document that the scope has changed from an earlier stated scope."},"complexity_factors":["Single, narrowly worded prohibition reduces structural complexity (clear product and ingredient description).","Reliance on a statutory delegation (Trade Practices Act 1974 s65C(7)) requires reference to external legislation for full legal context.","Operational complexity from verifying compliance: testing for presence of \"konjac\" and interpreting listed synonyms increases administrative steps.","Measurement threshold (height or width <= 45 mm) creates potential disputes about where and how to measure product dimensions.","Absence of implementation detail in the notice (no transitional rules, enforcement procedures or compliance guidance) leaves practical discretion to regulators."],"plain_english_summary":"The notice (13 April 2004) permanently bans in Australia any mini‑cup jelly confectionery that contains konjac (and listed synonyms) and is 45 mm or less in height or width, made under s65C(7) of the Trade Practices Act.\n\nIt affects producers, importers, distributors and retailers of those products, who must stop supplying or reformulate/resize, removing a defined niche product from the market and imposing withdrawal and compliance costs."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-2-of-2004-permanent-ban-on-goods/documents"}}