{"id":"F2010L03281","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 25 of 2009 - Declaration that toy-like novelty cigarette lighters are unsafe goods","slug":"trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85539,"registerId":"commonwealth-F2010L03281-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. 25 of 2009 - Declaration that toy-like novelty cigarette lighters are unsafe goods","content":"COMMONWEALTH OF AUSTRALIA\n\nTRADE PRACTICES ACT 1974\n\nConsumer Protection Notice No. 25 of 2009\n\nDECLARATION THAT TOY-LIKE NOVELTY CIGARETTE LIGHTERS ARE UNSAFE GOODS\n\nI, CRAIG EMERSON, Minister for Competition Policy and Consumer Affairs, pursuant to section 65C(5) of the Trade Practices Act 1974 DECLARE goods of the kind specified below to be unsafe goods:\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:\n\na) 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; and\n\nb) unlikely to be recognised as a cigarette lighter by a reasonable adult person.\n\nDated this 30th day of December 2009\n\nCRAIG EMERSON\n\nMinister for Competition Policy and Consumer Affairs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice implements exactly what its title suggests: a targeted ban on toy-like novelty cigarette lighters. The scope remains precisely limited to the specific safety hazard described, with no expansion into broader product categories or additional regulatory requirements."},"complexity_factors":["Single substantive provision with straightforward criteria","Only 2 defined characteristics (appeal to children under 5, failure of adult recognition)","No cross-references to other legislation sections beyond the enabling power (section 65C(5))","No exceptions, exemptions, or conditional provisions","Extremely short document (under 200 words of operative text)","Simple 'and' logic connecting the two criteria (both must be satisfied)"],"plain_english_summary":"This is a **ban on dangerous novelty lighters** that look like toys.\n\n**What it does:**\nThe Minister declared that certain cigarette lighters are \"unsafe goods\" under consumer protection law. This makes it illegal to supply (sell, import, or distribute) these specific lighters in Australia.\n\n**Which lighters are banned:**\nThe ban applies to lighters that meet **both** of these criteria:\n- **Look like toys** — they use bright colours, cartoon characters, animal shapes, or are sized like children's toys, making them appealing to kids under 5\n- **Don't look like lighters** — a reasonable adult wouldn't immediately recognise them as cigarette lighters\n\n**Why it matters:**\nThese lighters pose a serious fire and burn risk to young children. Kids might pick them up thinking they're toys, accidentally ignite them, and cause serious injury or death. The ban prevents suppliers from bringing these dangerous products into the Australian market.\n\n**Who it affects:**\n- **Importers, wholesalers and retailers** — cannot stock or sell these lighters\n- **Consumers** — protected from accidentally buying or having these dangerous items in homes with children"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Trade Practices Act; it exercises the existing power in s 65C(5) to declare a specific class of goods unsafe. It therefore changes the legal classification of the specified goods (by declaring them ‘‘unsafe goods’’) but does not, within the text of the notice, expand or narrow the statutory adjudicative or enforcement powers beyond the exercise of that declaration power. The notice itself sets a product definition (Particulars of goods a) and b)) rather than changing the Act's operative scope."},"complexity_factors":["Short, single-purpose instrument: clear immediate effect (declaration) but no procedural detail or sanctions set out in the text.","Subjective, fact-specific definitional language (\"likely to be appealing to children under 5\", \"totality of the design\", \"unlikely to be recognised by a reasonable adult person\") that requires case-by-case assessment (Particulars of goods a) and b)).","Open-ended illustrative examples (stylised animals, cartoon characters, colours, scale typical of toys) that do not exhaust the test and leave room for interpretation (Particulars of goods a)).","Reliance on ministerial power (s 65C(5)) without the instrument specifying subsequent procedural or enforcement steps, increasing ambiguity about downstream obligations.","Implication of compliance burdens for manufacturers/importers/sellers without specification of who must act or how in the notice itself."],"plain_english_summary":"The Minister used s.65C(5) of the Trade Practices Act 1974 to declare “toy‑like novelty cigarette lighters” as unsafe goods. The declaration targets lighters that both produce a flame and, by design and appearance, are likely to appeal to children under five and be unlikely to be recognised as lighters by a reasonable adult. It reclassifies those products as unsafe, creating compliance and enforcement uncertainty due to the subjective, fact‑specific tests."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-25-of-2009-declaration-that-toy-like-novelty-/documents"}}