CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 4S   IMPORTATION OF LIGHTERS  

4S(1)    
Subject to subregulation (2), the importation into Australia of a lighter is prohibited unless:

(a) the person importing the lighter has:

(i) completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and

(ii) produced that statutory declaration to the Collector; or

(b) the Minister has granted a permission in writing for the lighter to be imported.

4S(2)    
Subregulation (1) does not apply to a passenger, 18 years or older, importing no more than 5 lighters on a ship or aircraft.

4S(3)    
A permission granted under paragraph (1)(b) may specify:

(a) the conditions or requirements to be complied with by the holder of the permission; and

(b) the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.

4S(4)    
If the holder of a permission granted under paragraph (1)(b) is required to comply with a condition or requirement and the holder of the permission fails to comply with the condition or requirement, the Minister may, by writing, revoke the permission.

4S(5)    
In this regulation:

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;

disposable lighter
means a flame producing device that is designed:

(a) to light cigarettes, cigars or pipes; and

(b) to be discarded when its fuel supply is exhausted, or to incorporate a separate container of fuel that is designed to be discarded when empty;

lighter
means a disposable lighter, novelty lighter or refillable lighter;

Minister
means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010 .

novelty lighter
means a flame producing device that is designed:

(a) to light cigarettes, cigars or pipes; and

(b) either:

(i) to have an entertaining audio or visual effect (other than producing a flame) (for example, playing musical notes or displaying flashing lights); or

(ii) to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended to be used by, a young child (for example a cartoon character, drink, food, gun, musical instrument, toy, toy animal, vehicle or watch);

refillable lighter
means a flame producing device that:

(a) is designed to light cigarettes, cigars or pipes; and

(b) is designed to be refilled with fuel; and

(c) has a customs value, determined under section 159 of the Customs Act 1901 , of $5 or less.