another minister has imposed an interim ban on the goods, which is still in force.
Relevant Commonwealth, state and territory ministers can impose an interim ban on product related services if they consider:
as a result of the service being supplied, the goods will or may injure someone
using or misusing goods to which the services related, in a 'reasonably foreseeable' way, will or may injure someone, or
another minister has imposed an interim ban on the service, which is still in force.
Interim bans last for 60 days unless extended by the minister for up to another 60 days.
Interim bans imposed by the Commonwealth minister apply nationally, and the Commonwealth minister must notify suppliers and give them an opportunity to call a conference before imposing the ban. This applies unless the Commonwealth minister determines that there is imminent danger to the public. In this case, suppliers will be notified and have an opportunity to call a conference at the time, or shortly after the ban is imposed.
State and territory ministers can only impose interim bans that apply in their state or territory. State and territory ministers are not required by the ACL to notify suppliers or give them an opportunity to call a conference before imposing a ban. Suppliers are responsible for staying informed about their legal obligations.
An unsafe goods notice (also known as a temporary ban) declared under the Trade Practices Act 1974 which was still in force on 1 January 2011 continues in force as if it were an interim ban imposed under the ACL.
Only the Commonwealth minister responsible for administering the ACL can impose permanent bans. Under the ACL a ban is a legislative instrument, which means it will sunset after 10 years.
A permanent ban imposed under the Trade Practices Act 1974 which was still in force on 1 January 2011 continues in force as if it were a permanent ban imposed under the ACL.
Any ban imposed by the Minister applies throughout Australia.
If the Commonwealth Minister proposes to introduce any sort of ban (interim or permanent), the Minister must normally publish a proposed ban notice on the internet and invite affected suppliers to request a conference with the ACCC.
If there is an imminent risk of death or injury from the unsafe product, a ban can be imposed immediately and suppliers invited to a conference after the event.
A permanent ban on miniature motorbikes (monkey bikes) with unsafe design features was declared on 1 February 2011. This ban was subsequently revoked and a new permanent ban came into effect on 20 August 2011. This page includes information on hazards and how to comply with the ban.
A permanent ban on undeclared knives or cutters in packaged children's art, craft and stationery sets was declared on 1 February 2011. This page includes information on hazards and how to comply with the ban.