Orange Smoke Products — Victoria Sales & Distribution Policy

Purpose of this policy

Gender Reveal Ideas Australia is committed to selling consumer pyrotechnic and smoke products in a manner consistent with Australian and Victorian safety legislation, marine safety conventions, and the expectations of state regulators including WorkSafe Victoria and the Australian Maritime Safety Authority (AMSA).

This document sets out our position on the sale and distribution of orange-coloured smoke products to customers located in the State of Victoria, the steps we take to enforce that position at the point of sale, and the limits of our liability where third parties bring such products into Victoria from interstate.

Why orange smoke is treated separately

Under the International Convention for the Safety of Life at Sea (SOLAS) and the IMO Life-Saving Appliance (LSA) Code, orange smoke is internationally recognised as the standard daytime visual distress signal at sea. Australia implements those obligations through the Navigation Act 2012 (Cth) and Marine Orders issued by AMSA, and false or simulated distress signals are a serious offence under Commonwealth and State maritime law.

Within Victoria, consumer-grade pyrotechnics and smoke products are additionally regulated under the Dangerous Goods Act 1985 (Vic) and the Dangerous Goods (Explosives) Regulations 2022 (Vic), administered by WorkSafe Victoria. WorkSafe has expressed concern that orange smoke devices used at private events — including gender reveals — may be confused with marine distress signals, with the potential to trigger an unnecessary search-and-rescue response.

We acknowledge those concerns. While the orange smoke produced by our consumer products is a pale, decorative tone and is not manufactured, packaged or marketed as a marine distress device, we recognise that the colour itself is the regulatory concern. We have elected to abide by Victoria’s position out of an abundance of caution, regardless of whether our specific product would, on a technical analysis, fall within the legislative definition of a distress signal.

Our policy

1. We do not sell orange-coloured smoke products to customers located in Victoria. This includes orange smoke bombs, orange smoke cannons, orange smoke grenades, and any variant or bundle that contains an orange smoke component as the primary colourant.
2. All other colour variants remain available to Victorian customers. Blue, pink, green, purple, yellow, white and our seasonal colour ranges are unaffected and continue to be sold and dispatched to Victorian addresses in the normal course of business.
3. The restriction is enforced at checkout. Our store is configured so a customer who enters a Victorian shipping address cannot complete the purchase of an orange smoke product — the checkout will not finalise while an orange smoke item remains in the cart with a Victorian destination.
4. The restriction is also enforced in our warehouse. Orders shipping to Victoria are reviewed before dispatch, and any orange smoke product that has reached the packing stage in association with a Victorian address is removed from the shipment and refunded.

Interstate purchases & transport into Victoria

Gender Reveal Ideas Australia sells lawfully in other Australian States and Territories where the sale of consumer orange smoke products is permitted. We cannot, and do not, control the subsequent movement of those products by customers, recipients or third parties after delivery to a non-Victorian address.

Where a person purchases an orange smoke product from us in a State or Territory in which the sale is lawful, and that person (or another individual) subsequently transports or causes that product to be transported into Victoria, that act is the sole responsibility of the person undertaking it. We accept no liability for any loss, fine, prosecution, injury, property damage or other consequence arising from the unauthorised movement of an orange smoke product into Victoria after the point of lawful sale and delivery outside Victoria.

Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), our liability in respect of orange smoke products is limited to:

• refund of the purchase price of any orange smoke product erroneously processed for shipment to a Victorian address; and
• replacement with an equivalent non-orange product, at the customer’s election, where stock is available and the destination is lawful.

We do not accept liability for any indirect, consequential or third-party loss arising from the use, misuse, transport or possession of an orange smoke product in Victoria, whether or not that product was originally purchased from us.

Cooperation with regulators

We cooperate fully with WorkSafe Victoria, AMSA, Victoria Police and other competent authorities in connection with the regulation of consumer pyrotechnic and smoke products. Enquiries from regulators, including requests for transaction records relating to alleged transport of orange smoke products into Victoria, may be directed to the contact point below and will be responded to without delay.

Customer questions

If you’re unsure whether a particular product is affected by this policy, or whether a delivery address falls within the scope of the Victorian restriction, please contact us before placing an order.