Commonwealth legislation

Trade Practices Act 1974 - Consumer Protection Notice No. 25 of 2009 - Declaration that toy-like novelty cigarette lighters are unsafe goods

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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.

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Trade Practices Act 1974 - Consumer Protection Notice No. 25 of 2009 - Declaration that toy-like novelty cigarette lighters are unsafe goods

COMMONWEALTH OF AUSTRALIA

TRADE PRACTICES ACT 1974

Consumer Protection Notice No. 25 of 2009

DECLARATION THAT TOY-LIKE NOVELTY CIGARETTE LIGHTERS ARE UNSAFE GOODS

I, 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:

Particulars of goods:

Toy-like novelty cigarette lighters, being devices which are intended to produce a flame to set alight cigarettes, or other combustible material and are:

a) 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

b) unlikely to be recognised as a cigarette lighter by a reasonable adult person.

Dated this 30th day of December 2009

CRAIG EMERSON

Minister for Competition Policy and Consumer Affairs

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Trade Practices Act 1974 - Consumer Protection Notice No. 25 of 2009 - Declaration that toy-like novelty cigarette lighters are unsafe goods