Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 12 Disposable cigarette lighters
(see s 7)
In this schedule:
"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 the Code of Federal Regulations , title 16, part 1210; and
(b) published in the Federal Register of the United States of America, volume 58, No 131, on 12 July 1993 and revised as at 1 January 2001.
Note The American standard is accessible at www.gpoaccess.gov/cfr.
"customs value", for a device, means the customs value determined for the device under the Customs Act 1901 (Cwlth), section 159.
"disposable lighter"—see section 12.2 (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 section 12.15.
"lighter"—see section 12.2 (1).
"non-adjustable lighter" means a lighter with no provision for flame height adjustment.
"novelty lighter"—see section 12.2 (5).
"refillable lighter"—see section 12.2 (6).
"safe operation", for a lighter, means operation of the 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 a child who is younger than 5 years old.
12.2 Meaning of lighter and types of lighters
(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 subsection (1), a flame producing device is an eligible device if—
(a) it is intended to be discarded when its fuel supply is exhausted; or
(b) it has a separate container of fuel intended to be discarded when it is empty; or
(c) it is designed to have an entertaining audio or visual effect (other than production of a flame); or
Example
a device that plays musical notes or displays flashing lights
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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
a beverage, cartoon character, food, gun, musical instrument, toy, toy animal, watch or vehicle
(3) For subsection (1), a flame producing device is also an eligible device if—
(a) it is designed to be refilled with fuel; and
(b) its value is less than the relevant amount.
(4) A disposable lighter is a lighter that is an eligible device mentioned in subsection (2) (a) or (b).
(5) A novelty lighter is a lighter that is an eligible device mentioned in subsection (2) (c) or (d).
(6) A refillable lighter is a lighter that is an eligible device mentioned in subsection (3).
(7) For subsection (3):
"relevant amount" means—
(a) for a device imported into Australia, or supplied under an ex-works agreement, before 1 August 2003—$5; or
(b) for a device imported into Australia, or supplied under an ex-works agreement, on or after 1 August 2003—the indexed amount.
Note Indexed amount —see s 12.15.
"value," for a device, means—
(a) for a device imported into Australia—its customs value; or
(b) for another device—its supply price.
A lighter must comply with the requirements of this schedule.
Part 12.2 Flame testing, structural safety and labelling
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.
When a lighter is tested in accordance with the procedures described in section 12.17, 12.18, 12.19, 12.20 or 12.21 the test must be performed in accordance with the procedures described in section 12.16.
12.6 Ignition and adjustment of flame
(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.
After being tested in accordance with sections 12.19, 12.20 and 12.21, a lighter must not spit or sputter or produce an abnormal or unsafe flame when tested in accordance with sections 12.17 and 12.18.
(1) A lighter must comply with subsection (2) when tested in accordance with section 12.17 after being tested in accordance with—
(a) section 12.19 or 12.20; or
(b) sections 12.19 and 12.20.
(2) For subsection (1), the height of the flame produced by a lighter must not exceed—
(a) for a non-adjustable lighter—50mm; and
(b) for an adjustable lighter—
(i) if the lighter is adjusted to produce the maximum flame height—150mm; and
(ii) if the lighter is adjusted to produce the minimum flame height—100mm.
(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 125mm in height.
(1) A non-adjustable lighter must comply with subsection (2) after being tested in accordance with the procedures described in sections 12.18, 12.19 and 12.20.
(2) After the lighter has produced a flame for 10 seconds, the flame produced must extinguish after cessation of the action sustaining the flame within 2 seconds if the lighter has no flameguard or 4 seconds if it has a flameguard.
(3) An adjustable lighter must comply with subsection (4) after being tested in accordance with the procedures described in sections 12.18, 12.19 and 12.20.
(4) After the lighter has produced a flame for 5 seconds at the maximum flame height adjustment, or 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 2 seconds if the lighter has no flameguard or 4 seconds if it has a flameguard.
(1) A lighter must have no sharp external edges.
(2) A lighter, when tested in accordance with section 12.18, 12.19 or 12.20, must not be damaged so as to affect its safe operation.
(3) A lighter, when tested in accordance with section 12.19 must not spontaneously ignite.
(4) The internal pressure of the fuel reservoir of a lighter when tested in accordance with section 12.21 must not suddenly decrease.
(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) if 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) A lighter must also have either—
(a) the following information that is enclosed by inverted commas displayed in a legible form on the lighter or on an adhesive label that is attached 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 50 °C 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 the lighter is sold at retail in a package—the information required to be displayed by paragraph (a) in a legible form on the package in a way that complies with that paragraph.
This part applies only 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.
(1) A lighter must be of a kind that has been—
(a) tested in the way set out in the American standard, section 1210.4; and
(b) shown to be resistant to successful operation by at least 85% of the child-test panel when tested in that way.
(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% 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 way; and
(c) be effective for the functional life of the lighter; and
(d) not be easily overridden or deactivated.
A certificate of compliance, within the meaning of the American standard, must have been issued for the lighter in accordance with that standard.
(1) The indexed amount is the amount worked out as follows:
(2) If, apart from this subsection, the indexed amount under this section would be an amount of dollars and cents, the amount must be rounded to the nearest 25 cents and, if the amount to be rounded is 12.5 cents, rounded up.
(3) In this section:
"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.
"latest CPI number" means the CPI number for the most recent quarter.
March 2003 CPI number means the CPI number for the quarter beginning on 1 January 2003.
Part 12.5 Test procedures for lighters
(1) The lighter must be maintained at a temperature of 23 ± 2 °C for at least 10 hours immediately before testing in accordance with sections 12.17, 12.18 and 12.19.
(2) The area in which tests are carried out must be maintained at a temperature of 23 ± 2 °C during testing in accordance with sections 12.17, 12.19 and 12.20.
(3) The lighter to be tested must be new, free of mechanical damage and must not (except if required by this schedule) have been previously tested.
12.17 Flame height test procedures
(1) The test must be carried out inside a draught-free chamber constructed from suitable nonflammable material.
(2) The flame height must be measured to the nearest 10mm.
(3) Adjustable lighters must be tested with the lighter adjusted to produce the maximum flame height and then with the lighter adjusted to produce the minimum flame height.
(4) The lighter must produce a flame for a continuous 5-second period and the flame height must be decided by measuring from the tip of the flame to the top of the flameguard or to the base of the flame (for a lighter that does not have a flameguard) by means of a board positioned at least 25mm behind the lighter and marked with 10mm increments.
12.18 Inversion test procedures
The lighter (adjustable lighters adjusted to produce a 50mm flame) must be operated to produce a flame, for a continuous 10-second period in a draught-free chamber, while being held at 45° below the horizontal.
(1) The lighter must be allowed to fall 3 times onto a concrete surface from a point 1.5m above it, from the following positions:
(a) 1st—an upright position;
(b) 2nd—an inverted position;
(c) 3rd—a horizontal position.
(2) The lighter must be inspected after every fall and any spontaneous ignition or damage must be recorded.
12.20 Temperature test procedures
(1) An oven that can withstand the explosion of a lighter when being tested and of maintaining a temperature of 54 ± 2 °C must be used in the test.
(2) The lighter must be placed in the oven for 4 hours during which time the oven temperature must be maintained at 54 ± 2 °C.
(3) The lighter, when removed from the oven and allowed to become cool, must be tested in accordance with section 12.18.
12.21 Pressure test procedures
(1) The test apparatus must consist of a device that can produce gauge pressure of 2MPa.
(2) The lighter must be emptied of fuel.
(3) The fuel reservoir of the lighter must be subjected to an internal pressure equal to twice the vapour pressure at 54 °C of the fuel normally used in the lighter.
(4) The pressure
rise must not exceed a rate of 69kPa per second.