Commonwealth Numbered Regulations

1997 No. 22 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 3

3.1 After regulation 4R, insert: 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.

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

"(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.

"(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.

"(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;
'lighter' means a flame producing device that:

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

   (b)  is designed:

        (i)    to be discarded when its supply of fuel is exhausted; or

        (ii)   to incorporate a separate container of fuel that is designed to
               be discarded when empty; or

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

        (iv)   to depict or resemble, in physical form or function, an article
               commonly recognised as appealing to, or intended for use by, a
               child who is under 5 years, for example, a cartoon character,
               toy, gun, watch, musical instrument, vehicle. toy animal, food
               or beverage.".