{"id":"F2010L03299","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 4 of 2010 - Permanent Ban on Goods","slug":"trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85607,"registerId":"commonwealth-F2010L03299-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. 4 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. 4 of 2010\n\n \n\nPERMANENT BAN ON GOODS\n\n \n\nI, CRAIG EMERSON, Minister for Competition Policy and Consumer Affairs, pursuant to section 65C(7) of the Trade Practices Act 1974, IMPOSE a permanent ban on the goods specified below.\n\n \n\nParticulars of Goods\n\n \n\nBalls manufactured from fire resistant material, designed to be doused in flammable liquid and ignited, and intended to be used for the purpose of amusement by kicking or throwing, including but not limited to goods supplied as \"Fire Footbag\", except where such goods are supplied for use by professional entertainers or for theatrical use and where the purchaser is able to demonstrate such qualifications or intended use.\n\n \n\n \n\n \n\nDated this 22nd day of January 2010.\n\n \n\n \n\nCRAIG EMERSON\n\nMinister for Competition Policy and Consumer Affairs\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The notice itself imposes a permanent prohibition on the specified goods and sets a narrow exception for professional or theatrical use (see particulars). The instrument does not indicate that it amends or repeals a prior instrument or that it expands or contracts an earlier ban; based on the text provided, it establishes this permanent ban as its operative change. The text does not allow a determination that the scope has changed from any earlier intent or prior instrument."},"complexity_factors":["Narrow but technical product description that requires factual, case-by-case assessment (e.g. whether a ball is “designed to be doused in flammable liquid and ignited”).","Conditional exception that requires purchasers to “demonstrate” qualifications or intended use, creating evidentiary and administrative burdens.","Absence of definitions for key phrases used in the ban (e.g. “fire resistant material”, “professional entertainers”), increasing interpretive work for enforcement bodies or courts.","No enforcement, penalty, or administrative procedure specified in the notice text, requiring reference to enabling legislation or other instruments to understand practical implementation.","Statutory cross-reference to section 65C(7) of the Trade Practices Act 1974 means the instrument’s effect must be read against the Act to understand the wider legal framework."],"plain_english_summary":"The Minister uses a Trade Practices Act power to impose a permanent ban on balls made from fire‑resistant material intended to be doused in flammable liquid and ignited (eg, “Fire Footbag”), removing lawful retail supply to the public.  \n\nAn exception allows sale to demonstrably qualified professional entertainers or for theatrical use. The instrument sets the ban and exception but gives no enforcement, penalty, or definition details, shifting evidentiary and interpretive burdens to implementers and purchasers."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a targeted product safety ban issued under specific statutory powers. It has not expanded beyond its original purpose of banning a specific dangerous consumer good while preserving access for professional users."},"complexity_factors":["Extremely short document (under 300 words)","Single operative provision with straightforward prohibition","Only one defined exception (professional/theatrical use with proof)","No cross-references to other legislation beyond the empowering section (65C(7))","No nested conditions or sub-exceptions","Plain language product description rather than technical specifications"],"plain_english_summary":"**What this does:**\n\nThis is a **permanent ban** on a specific dangerous product: fire balls — toys made from fire-resistant material that you soak in flammable liquid, set on fire, and then kick or throw around for fun (often sold as \"Fire Footbags\").\n\n**Who it affects:**\n\n- **Consumers:** You cannot legally buy these for personal use or amusement.\n- **Retailers & suppliers:** You cannot sell, supply, or market these goods to the general public.\n- **Professional entertainers & theatres:** You **can** still buy them, but only if you can prove you're a professional entertainer or buying for theatrical use.\n\n**Why it matters:**\n\nThese products are obviously dangerous — they involve **lit flammable liquid being kicked around**. The ban protects people (especially children and young adults) from serious burns and fire injuries, while still allowing trained professionals who know what they're doing to access them for legitimate performances.\n\nThe Minister used powers under the *Trade Practices Act 1974* (now largely replaced by the *Australian Consumer Law*) to issue this ban without needing to pass a new Act of Parliament — a faster way to respond to unsafe products."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2010-permanent-ban-on-goods/documents"}}