Competition and Consumer Act 2010 - Consumer Protection Notice No. 19 of 2011 - Permanent ban on undeclared knives or cutters in art, craft and stationery sets

Consumer Protection Notice No. 19 of 2011 imposes a permanent ban on a specific category of goods. The goods named in the notice are art, craft and stationery sets for use by a child containing an undeclared knife or cutter with a metal blade.

The wording is important. This is not a ban on every children’s art, craft or stationery set that includes a knife or cutter. The ban is directed at sets where the knife or cutter with a metal blade is undeclared. That means the presence or absence of a compliant declaration on the outside packaging is central to whether the goods fall within the banned description.

The notice sits under the Competition and Consumer Act 2010 and the register entry shows it is in force. For businesses, the practical question is not simply whether a set contains a sharp item. The practical question is whether the product matches all parts of the description used in the notice.

Before supplying a product, a business should work through the elements that appear in the notice itself.

Start with the product category. Is it an art, craft or stationery set? Then consider the intended user. Is it for use by a child? Next, check the contents. Does the set contain a knife or cutter with a metal blade? If the answer to each of those questions is yes, the next issue is whether the knife or cutter is declared on the outside packaging in the way the notice requires.

If the declaration is missing, or if the declaration does not meet the stated packaging requirements, the goods fall within the banned description used in the notice. The ban therefore turns on a combination of product type, intended child use, product contents and packaging declaration.

The notice does not create extra distinctions based on blade size, brand, country of manufacture or whether the knife or cutter is only a small accessory inside a larger kit. The safest reading is to stay close to the words used in the notice and test the product against those words.

The notice bans the goods described above, so the practical effect is felt by businesses that supply those goods in Australia. That commonly includes manufacturers, importers, wholesalers, distributors, retailers, online sellers and educational suppliers dealing in children’s art, craft and stationery sets.

If your business places these products into the Australian market, moves them through the supply chain, or sells them to end customers, this notice is relevant. The text used here does not create separate rules for local manufacture compared with imported goods. It also does not carve out a special category for online supply. The key issue is whether the goods being supplied match the banned description.

Businesses that do not deal in art, craft or stationery sets for use by a child will usually be outside the direct scope of this notice. The same is generally true where the set does not contain a knife or cutter with a metal blade, or where the set includes such an item but it is declared on the outside packaging in the way the notice requires.

Because the notice is tightly drafted, businesses should avoid assuming it reaches products or roles that are not clearly covered by the wording. The focus should remain on the goods and their packaging.

The notice includes an interpretation statement explaining what is required for the declaration. It says that the declaration that the art, craft or stationery set includes a knife or cutter must be easily legible and prominently displayed on the outside packaging, and the lettering must not be less than 3 mm high.

That creates several specific requirements. First, the declaration must be on the outside packaging. Second, it must be easily legible. Third, it must be prominently displayed. Fourth, the lettering must be at least 3 mm high.

The notice does not prescribe exact wording for the declaration in the text used here. It also does not give a longer definition of what counts as prominently displayed beyond the words used in the instrument. What it does make clear is that the declaration must communicate that the set includes a knife or cutter, and it must appear on the outside packaging in a legible and prominent way with the minimum lettering size.

For businesses, this means the compliance question is not answered by information that appears only inside the box, only in very small print, or only in material that is not on the outside packaging. The instrument specifically points to the outside packaging and sets a minimum lettering height.

The legal effect of the notice is a permanent ban on supplying the specified goods. In practical terms, businesses should identify any art, craft or stationery sets for use by a child that include a knife or cutter with a metal blade and then check whether the outside packaging carries the required declaration.

If the declaration is present and meets the stated requirements, the goods are not described by the notice as containing an undeclared knife or cutter. If the declaration is absent, not on the outside packaging, not easily legible, not prominently displayed, or not in lettering of at least 3 mm, the goods may fall within the banned category described in the notice.

This is especially relevant where businesses source pre-packed kits from third parties, import packaged sets, or sell products under another brand. The notice itself does not set out a separate due diligence system, record-keeping duty or notification rule for every breach in the text used here. The core obligation remains not to supply goods that match the banned description.

Because the notice is tied to supply, the key check should happen before the goods are offered or sold in Australia. For many businesses, the most important review points will be the intended child use of the set, whether a metal-bladed knife or cutter is included, and whether the outside packaging declaration meets the wording in the notice.

The instrument includes a short note about consequences. It says that goods subject to the notice and which fail to comply may be subject to compulsory recall.

The text used here does not set out penalty amounts, a full enforcement pathway, or examples of regulator action. It is therefore best to read this page as a guide to the scope of the ban and the packaging trigger, rather than as a complete enforcement summary.

For businesses, the recall point is still significant. If goods in stock or already distributed fall within the banned description, the notice indicates that compulsory recall may follow. That can affect stock held by importers, wholesalers, retailers and direct sellers, so checking products before supply is commercially important as well as legally important.

The register entry identifies this instrument as Consumer Protection Notice No. 19 of 2011, with instrument reference F2011L00229, and shows it as in force.

The register information shows the date 10 February 2011. The text of the instrument itself states that it was dated 1 February 2011.

Because the notice is described as a permanent ban and the register shows it is in force, businesses should treat it as an active product safety rule. Before relying on this page for a current compliance decision, check the latest register version to confirm there has been no later change to status or text.

The safest way to read this instrument is closely and literally. Focus on the exact product description and the exact packaging requirements stated in the notice.

The ban applies where all of the following are present: an art, craft or stationery set, use by a child, a knife or cutter with a metal blade, and no compliant declaration on the outside packaging. If one of those elements is missing, the goods may fall outside the banned description. If all are present, the goods are within the category targeted by the permanent ban.

Businesses should also avoid reading extra requirements into the notice. The text used here does not prescribe a particular warning phrase, does not provide a broader test for prominence beyond the words used, and does not set out extra duties such as maintaining packaging photographs or notifying the regulator in every case. The central legal question remains whether the goods supplied are art, craft and stationery sets for use by a child containing an undeclared knife or cutter with a metal blade.

Primary source: Federal Register of Legislation, Competition and Consumer Act 2010 - Consumer Protection Notice No. 19 of 2011 - Permanent ban on undeclared knives or cutters in art, craft and stationery sets, instrument reference F2011L00229.

This page reflects the wording of the legislative instrument and the register status information. Businesses should check the latest register version before relying on this page for current compliance decisions.