Statutory Rules 1997 No. 21
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Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.
Dated 19 February 1997.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
G. D. PROSSER
Minister for Small Business and Consumer Affairs
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PART 1—PRELIMINARY
Citation
1. These Regulations may be cited as the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations.
Commencement
2. These Regulations commence on 1 March 1997.
Application
3. (1) Before 1 October 1997, these Regulations only apply to lighters that are imported into Australia on or after 1 March 1997.
(2) On and after 1 October 1997, these Regulations apply to any lighter.
Interpretation
4. In these Regulations, unless the contrary intention appears:
“adjustable lighter” means a lighter with provision for flame height adjustment;
“American Standard” means the Consumer Product Safety Standard for Cigarette Lighters (16 CFR 1210):
(a) set out in Part 1210, Title 16 of the Code of Federal Regulations; and
(b) published in the Federal Register of the United States of America, Vol 58, No. 131, on 12 July 1993;
“customs value”, for a device, means the customs value determined for the device under section 159 of the Customs Act 1901;
“disposable lighter” see subregulation 4A (4);
“ex works agreement” means an agreement for the supply of goods under which the supplier’s obligation to deliver the goods is fulfilled when the supplier makes the goods available to the buyer at the supplier’s premises;
“indexed amount” see regulation 17;
“non adjustable lighter” means a lighter with no provision for flame height adjustment;
“novelty lighter” see subregulation 4A (5);
“refillable lighter” see subregulation 4A (6);
“safe operation” means the operation of a lighter so that it:
(a) does not spit or sputter; and
(b) does not produce an abnormal or unsafe flame; and
(c) cannot be operated easily by a young child;
“spit or sputter”, for a flame produced by a lighter, means the escape of liquid fuel from the lighter producing burning liquid droplets that separate from the flame;
“young child” means an individual who is under 5 years.
Meaning of “lighter” and types of lighters
4A. (1) A lighter is a flame producing device that:
(a) is designed to light cigarettes, cigars and pipes; and
(b) is an eligible device.
(2) For subregulation (1), a flame producing device is an eligible device if:
(a) it is designed to be discarded when its fuel supply is exhausted; or
(b) it is designed to incorporate a separate container of fuel that is designed to be discarded when empty; or
(c) it is designed to have an entertaining audio or visual effect (other than production of a flame); or
(d) it is designed to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended for use by, a young child.
Examples of paragraph (c):
Playing musical notes or displaying flashing lights.
Examples of paragraph (d):
A beverage, cartoon character, food, gun, musical instrument, toy, toy animal, watch or vehicle.
(3) For subregulation (1), a flame producing device is also an eligible device if:
(a) it is designed to be refilled with fuel; and
(b) it is imported into Australia after 30 September 1997, or it is not imported into Australia but is supplied by its manufacturer under an ex works agreement after that date; and
(c) its value is less than the relevant amount.
(4) A disposable lighter is a lighter that is an eligible device mentioned in paragraph (2) (a) or (b).
(5) A novelty lighter is a lighter that is an eligible device mentioned in paragraph (2) (c) or (d).
(6) A refillable lighter is a lighter that is an eligible device mentioned in subregulation (3).
(7) For subregulation (3):
“relevant amount” means:
(a) for a device imported into Australia before
1 October 2002—$2; or
(b) for another device supplied by its manufacturer under an ex works agreement before 1 October 2002—$2; or
(c) in any other case—the indexed amount;
“value”, for a device, means:
(a) for a device imported into Australia—its customs value; or
(b) for another device—its supply price.
PART 2—FLAME TESTING, STRUCTURAL SAFETY AND LABELLING
Application of this Part
5. This Part does not apply to a lighter that:
(a) is a novelty lighter; and
(b) is not a disposable lighter or a refillable lighter.
Testing procedures
6. When a lighter is tested in accordance with the procedures described in Part 2, 3, 4, 5 or 6 of the Schedule, the test must be performed in accordance with the procedures described in Part 1 of the Schedule.
Ignition and adjustment of flame
7. (1) A lighter must be designed so that deliberate action is necessary to ignite and sustain a flame.
(2) An adjustable lighter must be designed so that deliberate action is necessary to adjust the height of the flame.
Abnormal burning
8. A lighter, after being tested in accordance with Parts 4, 5 and 6 of the Schedule, must not, when tested in accordance with Parts 2 and 3 of the Schedule, spit or sputter or produce an abnormal or unsafe flame.
Flame height
9. (1) A lighter must comply with subregulation (2) when tested in accordance with Part 2 of the Schedule:
(a) after being tested in accordance with Part 4 or 5 of the Schedule; or
(b) after being tested in accordance with Parts 4 and 5 of the Schedule.
(2) For subregulation (1), the height of the flame produced by a lighter must not exceed:
(a) in the case `of a non-adjustable lighter, 50 millimetres; and
(b) in the case of an adjustable lighter:
(i) where the lighter is adjusted to produce the maximum flame height, 150 millimetres; and
(ii) where the lighter is adjusted to produce the minimum flame height, 100 millimetres.
(3) If the flame height of an adjustable lighter has not been adjusted after being supplied in trade or commerce, the lighter must not, when first used after being supplied, produce a flame exceeding 125 millimetres in height.
Flame extinction
10. (1) A lighter must comply with subregulation (2) after being tested in accordance with the procedures described in Parts 3, 4 and 5 of the Schedule.
(2) For subregulation (1), where:
(a) a non-adjustable lighter produces a flame for 10 seconds; or
(b) an adjustable lighter:
(i) produces a flame for 5 seconds at the maximum flame height adjustment; or
(ii) produces a flame for 10 seconds at the minimum flame height adjustment;
the flame produced must extinguish after cessation of the action sustaining the flame within two seconds if the lighter has no flameguard or four seconds if it has a flameguard.
Structural safety
11. (1) A lighter must have no sharp external edges.
(2) A lighter, when tested in accordance with Part 3, 4 or 5 of the Schedule, must not be damaged so as to affect its safe operation.
(3) A lighter, when tested in accordance with Part 4 of the Schedule, must not spontaneously ignite.
(4) The internal pressure of the fuel reservoir of a lighter when tested in accordance with Part 6 of the Schedule must not suddenly decrease.
Labelling
12. (1) A lighter must incorporate (as a permanent part of the lighter) in a legible form:
(a) the name or other identification of the manufacturer or distributor of the lighter; and
(b) where the lighter is an adjustable lighter, symbols indicating the direction in which force is to be applied to increase or decrease the flame height and the effect of the application of force in that direction.
(2) In addition to subregulation (1), either:
(a) the following information that is enclosed by inverted commas must be displayed in a legible form on a lighter, or on an adhesive label that is affixed to the lighter:
(i) “WARNING” in capital letters and adjacent to the words that must be displayed under subparagraphs (ii) to (ix);
(ii) “KEEP AWAY FROM CHILDREN” or “KEEP OUT OF REACH OF CHILDREN” in capital letters;
(iii) “Ignite lighter away from face and clothing”;
(iv) “Never expose to heat above 50C or to prolonged sunlight”;
(v) “Never puncture or put in fire”;
(vi) for a lighter that contains flammable gas under pressure—“Contains flammable gas under pressure”;
(vii) for a lighter that contains flammable liquid—“Contains flammable liquid”;
(viii) for a self-extinguishing lighter—“Be sure flame is out after use”;
(ix) for a non-self-extinguishing lighter—“This lighter does not extinguish itself—close the cover to put out”; or
(b) if a lighter is contained in a package when it is sold at retail—the information in paragraph (a) must be displayed in a legible form on the package.
PART 3—CHILD RESISTANCE
Application of this Part
13. This Part only applies to a lighter to which the American Standard would apply if the lighter were imported into the United States of America after 12 July 1994.
Child resistance
14. (1) A lighter must be of a kind that has been:
(a) tested in the manner set out in section 1210.4 of the American Standard; and
(b) shown to be resistant to successful operation by at least 85 percent of the child-test panel when tested in that manner.
(2) The mechanism or system of a lighter that is designed or intended to make the lighter resistant to successful operation by at least 85 percent of the child-test panel must:
(a) reset itself automatically after each operation of the ignition mechanism of the lighter; and
(b) not impair safe operation of the lighter when used in a normal and convenient manner; and
(c) be effective for the functional life of the lighter; and
(d) not be easily overridden or deactivated.
Certification
15. A certificate of compliance, within the meaning of the American Standard, must have been issued for the lighter in accordance with that standard.
[NOTE: The importation into Australia of a lighter is prohibited unless the person importing the lighter has completed a statutory declaration to the effect that a certificate of compliance, within the meaning of the American Standard, has been issued for the lighter in accordance with that standard. See Customs (Prohibited Imports) Regulations.]
PART 4—INDEXATION
Definitions for Part 4
16. In this Part:
“CPI number” means the All Groups Consumer Price Index number (that is the weighted average of the 8 capital cities) published by the Australian Statistician;
“earlier CPI number” means the CPI number for the July quarter
in 1997;
“July quarter” means the 3 months starting on 1 July in a year;
“latest CPI number” means the CPI number for the July quarter
in 2002.
Indexed amount
17. (1) The indexed amount is the amount worked out in accordance with the formula:
.
(2) If, apart from this subregulation, the indexed amount under this regulation would be an amount of dollars and cents, the amount is to be rounded to the nearest 25 cents and, if the amount to be rounded is 12.5 cents, rounded up.
(3) If, at any time, whether before or after 1 October 1997, the Australian Statistician publishes for a particular July quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for the quarter, the publication of the later CPI number is to be disregarded for this regulation.
(4) However, if, at any time, whether before or after 1 October 1997, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this regulation after the change is made, regard is to be had only to numbers published in terms of the new reference base.
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