{"id":"F2008L03475","name":"Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008","slug":"trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"195 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":120534,"registerId":"commonwealth-F2008L03475-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008","content":"![](image.001.png)\n\nTrade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008\n\nSelect Legislative Instrument 2008 No. 195 as amended\n\nmade under the\n\nTrade Practices Act 1974\n\nThis compilation was prepared on 15 April 2009 \ntaking into account amendments up to SLI 2009 No. 66\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney‑General’s Department, Canberra\n\nContents\n\nPart 1 Preliminary\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Purpose\n\n4 Application\n\n5 Interpretation\n\n6 Different kinds of cigarettes\n\n7 Retail package\n\nPart 2 Safety standard for cigarettes\n\nDivision 1 Safety standard\n\n8 Safety standard\n\n9 Compliance with safety standard\n\nDivision 2 Performance requirements\n\n10 Performance requirements\n\nDivision 3 Testing requirements\n\n11 Testing standard\n\n12 Testing requirements\n\n13 Lowered permeability bands\n\nDivision 4 Packaging and marking requirements\n\n14 Packaging and marking requirements\n\nNotes\n\nPart 1 Preliminary\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008.\n\n2 Commencement \\[see Note 1\\]\n\nThese Regulations commence on the day after they are registered.\n\n3 Purpose\n\nThese Regulations prescribe a consumer product safety standard for cigarettes.\n\n4 Application\n\n(1) On and after the day that occurs 18 months after the commencement of these Regulations, these Regulations apply to cigarettes that are:\n\n(a) manufactured in Australia on or after that day; or\n\n(b) imported into Australia on or after that day.\n\n(2) On and after the day that occurs 24 months after the commencement of these Regulations:\n\n(a) these Regulations apply to all cigarettes manufactured in Australia, no matter when they were manufactured; and\n\n(b) these Regulations apply to all cigarettes imported into Australia, no matter when they were imported.\n\n5 Interpretation\n\nIn these Regulations:\n\n> AS 4830—2007 means Australian Standard 4830—2007 entitled Determination of the extinction propensity of cigarettes and published by Standards Australia as in force at the commencement of regulation 1.\n\n> cigarette means a roll of cut tobacco for smoking, enclosed in paper.\n\n> full‑length burn has the same meaning as in AS 4830‑2007.\n\n> lowered permeability band, in relation to a cigarette, means a concentric band of paper or other material that is included in, or applied to, cigarette paper in order to inhibit the burning of the cigarette.\n\n> retail package has the meaning given by regulation 7.\n\n6 Different kinds of cigarettes\n\n(1) For these Regulations, a cigarette is of a different kind to another cigarette if they are sold under different brand names.\n\n(2) For these Regulations, a cigarette is of a different kind to another cigarette if:\n\n(a) they are sold under the same brand name; and\n\n(b) they are distinguished in 1 or more of the following ways:\n\n(i) they contain or do not contain menthol;\n\n(ii) they are flavoured differently in another way;\n\n(iii) they have different contents of tar;\n\n(iv) they allegedly differ in ‘mildness’;\n\n(v) they have or do not have a filter tip or cork tip;\n\n(vi) they are of different lengths or mass.\n\n7 Retail package\n\n(1) A retail package is a package in which cigarettes are sold at retail.\n\n(2) If:\n\n(a) 1 or more packages are contained inside a larger package; or\n\n(b) 2 or more packages are combined to form a larger package;\n\nand the whole package is offered for retail sale as 1 unit:\n\n(c) the larger package is a retail package; and\n\n(d) each smaller package is a retail package.\n\nExample\n\nPackets of cigarettes in a carton.\n\n(3) However:\n\n(a) a display case that is not sold with cigarettes displayed in it is not a retail package; and\n\n(b) if:\n\n(i) a retail package is normally sold wrapped in a wrapper (including, but not limited to, a transparent wrapper) that is normally removed from the package when the package is opened; and\n\n(ii) the wrapper is not a larger package described in subregulation (2);\n\nthe wrapper is not part of the retail package.\n\nPart 2 Safety standard for cigarettes\n\nDivision 1 Safety standard\n\n8 Safety standard\n\n(1) For subsection 65C (2) of the Act, this Part prescribes a consumer product safety standard for cigarettes.\n\n(2) The standard consists of the following requirements:\n\n(a) the performance requirements set out in Division 2;\n\n(b) the testing requirements set out in Division 3;\n\n(c) the packaging and marking requirements set out in Division 4.\n\n9 Compliance with safety standard\n\n(1) Cigarettes must comply with the performance requirements set out in Division 2.\n\n(2) For the purpose of determining compliance with the performance requirements set out in Division 2, cigarettes must be tested in accordance with the testing requirements set out in Division 3.\n\n(3) Cigarettes must be packaged in accordance with the packaging and marking requirements set out in Division 4.\n\nDivision 2 Performance requirements\n\n10 Performance requirements\n\nAt least 75% of the cigarettes that are tested in a test trial described in regulation 12 must fail to achieve full‑length burns.\n\nDivision 3 Testing requirements\n\n11 Testing standard\n\nSubject to regulations 12 and 13, cigarettes must be tested in accordance with AS 4830—2007.\n\n12 Testing requirements\n\n(1) Cigarettes must be tested as part of a test trial.\n\n(2) Each test of a cigarette in a test trial must be conducted on 10 layers of filter paper.\n\n(3) Each test trial must consist of 40 replicated tests.\n\n(4) Each different kind of cigarette must be tested in a separate test trial.\n\n(5) Cigarettes that use lowered permeability bands must also comply with the requirements in regulation 13.\n\n13 Lowered permeability bands\n\n(1) For subregulation 12 (5), cigarettes that use lowered permeability bands must have at least 2 identical bands surrounding the tobacco column.\n\n(2) At least 1 complete band must be located not less than 15 mm from the lighting end of the cigarette.\n\n(3) For filter cigarettes, if the bands are positioned on the cigarette by design:\n\n(a) at least 1 band must be located not less than 15 mm from the lighting end of the cigarette; and\n\n(b) at least 1 band must be located not less than 10 mm from the filter end of the tobacco column.\n\n(4) For non‑filter cigarettes, if the bands are positioned on the cigarette by design:\n\n(a) at least 1 band must be located not less than 15 mm from the lighting end of the cigarette; and\n\n(b) at least 1 band must be located not less than 10 mm from the labelled end of the tobacco column.\n\nDivision 4 Packaging and marking requirements\n\n14 Packaging and marking requirements\n\n(1) Retail packages must not contain cigarettes that do not meet the performance requirements set out in Division 2.\n\n(2) Each retail package must bear the following statement:\n\n‘AUSTRALIAN FIRE RISK STANDARD COMPLIANT. USE CARE IN DISPOSAL’.\n\n(3) The statement must be clearly legible and must not obscure any warning message, explanatory message or graphic required under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004.\n\n(4) The statement may be printed on an adhesive label that is affixed to the retail package.\n\n(5) The adhesive label must be fastened firmly to the retail package so as not to be easily removable.\n\n(6) For subregulation (5), in determining whether an adhesive label can easily be removed, regard must be had to:\n\n(a) the expected life‑span of the package; and\n\n(b) whether the label can be removed without damaging either the label or the packaging.\n\n> Notes to the Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008\n\n> Note 1\n\n> Note: The Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008 (in force under the Trade Practices Act 1974) as shown in this compilation comprise Select Legislative Instrument 2008 No. 195 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Year andNumber | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| 2008 No. 195 | 22 Sept 2008 (see F2008L03475) | 23 Sept 2008 | |\n| 2009 No. 66 | 14 Apr 2009 (see F2009L01271) | 15 Apr 2009 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 4.................

am. 2009 No. 66

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. Regulation 4 phases in scope: after 18 months the Regulations apply to cigarettes manufactured or imported on or after that day; after 24 months they apply to all cigarettes regardless of manufacture/import date. This expands the set of products captured over time and thereby extends testing, packaging and marking obligations to existing stocks as well as future production (see regs 4, 9, 11–14)."},"complexity_factors":["Reference to an external technical standard (AS 4830‑2007) creates dependence on another document for testing methods (reg 11).","Staged commencement with different coverage at 18 and 24 months requires transitional compliance planning (reg 4).","Detailed lab protocols (40 replicated tests; 10 layers of filter paper) impose precise technical testing burdens (reg 12).","Product differentiation rules (what counts as a different kind) require granular product classification for separate trials (reg 6, reg 12(4)).","Specific positional requirements for lowered‑permeability bands add manufacturing design constraints (reg 13).","Packaging and labelling rules include subjective criteria (label not easily removable considering expected life‑span) that can create enforcement uncertainty (reg 14(5)–(6))."],"plain_english_summary":"These Regulations set a mandatory fire‑risk safety standard for cigarettes sold in Australia: lab tests (AS 4830‑2007) and prescribed performance rules mean at least 75% of tested cigarettes must fail to achieve a full‑length burn. They also require specific testing methods, band placement rules for reduced‑permeability papers, and a fixed retail packaging label. The rules phase in—applying to new manufacture/imports after 18 months and to all stock after 24 months—placing testing, labelling and compliance costs on manufacturers, importers and retailers."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope focused specifically on cigarette fire safety standards. The 2009 amendment (SLI 2009 No. 66) appears to be a minor technical amendment to regulation 4 (application timing), not an expansion of scope."},"complexity_factors":["Incorporation of external technical standard (AS 4830—2007) by reference, requiring cross-reading","Staged implementation timeline with two different dates (18 months vs 24 months) creating conditional application rules","Technical testing requirements: 40 replicated tests per trial, 10 layers of filter paper, specific band positioning measurements (15mm, 10mm)","Multiple defined terms (6 definitions) including technical concepts like 'lowered permeability band' and 'full-length burn'","Nested conditional logic for band positioning depending on whether cigarettes are filter vs non-filter and whether bands are positioned by design","Complex retail package definition with exceptions (wrappers, display cases) and hierarchical packaging rules"],"plain_english_summary":"This law requires Australian cigarette manufacturers and importers to produce “fire‑safe” cigarettes that self‑extinguish if left unattended, using paper bands and specified AS 4830—2007 testing so at least 75% of tested sticks go out. Packs must carry an Australian fire‑risk warning. Retailers are affected indirectly. The rules phase in over 18–24 months to cut house‑fire deaths and damage."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008","history":"/api/acts/trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008/history","analysis":"/api/acts/trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008/analysis","conflicts":"/api/acts/trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008/conflicts","importantCases":"/api/acts/trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008/important-cases","documents":"/api/acts/trade-practices-consumer-product-safety-standard-reduced-fire-risk-cigarettes-regulations-2008/documents"}}