Orange Smoke Products — Victoria Sales & Distribution Policy

1. Purpose of this policy

Gender Reveal Ideas Australia is committed to selling consumer pyrotechnic and smoke products in a manner that is 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 have taken 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.

2. 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, or mistaken for, 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.

3. 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 by this policy and continue to be sold and dispatched to Victorian addresses in the normal course of business.
3. The restriction is enforced at checkout. Our online store is configured so that a customer who enters a Victorian shipping address cannot complete the purchase of an orange smoke product. The product is removed from eligible shipping options and 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 will be removed from the shipment and refunded.

4. Interstate purchases and 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 they have been delivered 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. Gender Reveal Ideas Australia accepts no liability for any loss, fine, prosecution, injury, property damage, or other consequence arising from the unauthorised movement of an orange smoke product into the State of Victoria after the point of lawful sale and delivery outside Victoria.

Customers who reside in Victoria and who arrange for delivery to an interstate address with the intention of importing an orange smoke product into Victoria are advised that doing so may constitute a breach of Victorian dangerous goods law, and that any consequence of such conduct rests entirely with the customer.

5. 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)), Gender Reveal Ideas Australia’s 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.

6. 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.

7. Customer questions

Customers who are unsure whether a particular product is affected by this policy, or whether a delivery address falls within the scope of the Victorian restriction, are encouraged to contact us before placing an order.

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This document is a statement of policy and is not legal advice. Customers and third parties should obtain their own advice in relation to the application of Victorian dangerous goods legislation and Commonwealth maritime legislation to their particular circumstances. Statutory references in this document are provided for context and may be subject to amendment from time to time.