When shoppers spotted Kmart Australia's new finds sporting distinctive red and blue colours, social media erupted with concerns about their potential misuse.
In this article
But the heated debate reveals some fascinating truths about Australian law—and highlights important safety considerations for anyone who might encounter these lights in the wrong hands.
Kmart Australia has started selling a $10 Novelty Warning Light that's caused quite a stir among concerned shoppers.
The AA battery-powered device flashes red and blue lights and can operate with or without sound, leading many to worry it resembles police car emergency lighting too closely for comfort.
One person complained about the potential of the distinctive blue and red coloured lights being illegally placed in cars to impersonate police or other emergency services.
The concerns aren't unfounded—fake police incidents are more common than you might think, and the consequences can be serious.
The product sparking fierce debate
'I***** are definitely going to put them on their cars'
The controversy isn't just theoretical. In Melbourne, a 16-year-old teenager spent weeks masquerading as an emergency services worker, driving around in his customised white truck fitted with over $100,000 worth of sirens, lights and gear.
The truck was so realistic with flashing lights fitted on the roof and a siren that motorists pulled to the side to let his vehicle pass.
When fake police become frighteningly real
The teenager had been responding to traffic crashes and even assisted people at the scenes of several accidents before being caught by police.
Senior Constable Fritz Ebert described the situation as unlike anything he'd seen in five years, noting the danger of 'a 16-year-old unaccompanied inexperienced driver, driving at peak hour traffic' while 'pretending to be an emergency service'.
More recently, a 20-year-old Sydney woman described a 'genuinely terrifying' ordeal when she was allegedly chased by armed and masked police impersonators in a silver Holden Commodore with flashing blue and red lights at Bidwill in Sydney's northwest at about 1:30am.
Real police impersonation incidents in Australia
Melbourne teenager with $100,000 fake emergency vehicle (2017)
Sydney woman chased by armed fake police with blue/red lights (2021)
Multiple cases of fake police pullovers reported annually across Australia
Many instances of people using fake police flash lights on their vehicles to pull people over
The serious legal consequences
The penalties for impersonating police officers in Australia are no joke. In NSW, anyone who impersonates a police officer faces a maximum penalty of two years imprisonment and/or a fine of 10 penalty units (currently $11,000).
But it gets more serious if you actually try to exercise police powers. If someone impersonates a police officer and does something that police officers have the power to do—like pretending to arrest someone—they can be charged with the more serious 'aggravated' offence, with a maximum penalty of 7 years imprisonment.
The aggravated offence applies where a person not only impersonates an officer but 'purports to exercise a power or function as a police officer, with intent to deceive' - including 'pretending to be a police officer in order to stop someone's vehicle, 'arrest' someone, or search someone's home or vehicle'.
The legal distinction that matters
Here's where the Kmart debate gets interesting from a legal perspective. The law specifically states that 'impersonation' does not include conduct engaged in solely for satirical purposes—think costume parties or theatrical productions.
Legal experts note that using red/blue lights to communicate to a driver that they should pull over would constitute 'representing oneself by conduct to be a police officer' and would therefore be impersonating a police officer. However, simply owning the lights isn't the problem.
As one defender pointed out in the original discussion: 'It's not illegal to sell because it doesn't say it's for a car, it's just a light.' The legal risk comes entirely from how you use them.
What's legal vs illegal with these lights
- Legal: Buying, owning, using for parties, theatre, or home decoration
- Legal: Using in legitimate film or TV production (with proper permits)
- Illegal: Mounting on vehicles and using on public roads
- Very illegal: Using them to pull over other drivers or impersonate police
Legitimate uses that defenders highlight
The controversy isn't entirely one-sided. These lights can be used 'for plays, events, skits and other functions by kids' and to 'organize a police theme party and use this as a party decor item'.
Professional applications include use 'as a party decoration or in an industrial setting to increase visibility, attract attention, or signal an alert' and for 'kid's parties, carnivals, plays, and other events'.
A 7-inch red police beacon toy is 'perfect for themed parties, Halloween decorations, or playful emergencies in escape rooms' and can be used 'during games like cops and robbers, as a dramatic alert in pranks, or for adding fun to kids' activities'.
Film and television production represents another legitimate market, though regulations vary by state, and generally 'you cannot display red and/or blue lights' on vehicles without proper authorization.
What this means for your safety
For older Australians, the key concern isn't whether Kmart should sell these lights, but how to stay safe if you encounter someone misusing them.
Police advice is clear: 'Anyone stopped by an unmarked vehicle with blue and red flashing lights, should ask for identification, obtain the vehicle registration and contact police immediately to confirm the legitimacy of those on board'.
Did you know?
Did you know?
The 'satirical purposes' exception in Australian law means you can legally dress as a police officer for a costume party or act in a film role without breaking impersonation laws. However, this protection disappears the moment you try to exercise any police-like authority or powers.
The bigger picture on product responsibility
The debate reflects a broader question about retailer responsibility for products that could be misused. Several commenters defended Kmart's position: 'If one idiot does actually use them wrongly then that's on them, don't hold Kmart responsible for human stupidity.'
In South Australia, road traffic rules state that 'a vehicle, other than an exempt vehicle, a special use vehicle, or a State Government enforcement vehicle must not be fitted with a light that flashes', making the installation illegal regardless of where you bought the light.
The reality is that similar products are widely available through various retailers and online platforms. As one emergency lighting retailer explains: 'Our products are available to the general public. However, not everyone can operate an emergency light in their car on public roads... you can purchase a light from us in any color, but whether or not you can use it on public roads in the United States is dictated by state statutes'. The same principle applies in Australia.
A question of balance and responsibility
The Kmart controversy highlights the tension between legitimate uses and potential misuse of everyday products. While the lights have genuine applications in entertainment, education, and industrial settings, the concerns about police impersonation reflect real safety issues that have affected Australian communities.
The general principle in emergency lighting regulation is that 'emergency strobe lights that are either red or blue are, by and large, disallowed' for civilian vehicles, with 'the general spirit of the law being that civilian vehicles should not appear to have the same features as those of police'.
Perhaps the most balanced take came from a shopper who noted: 'They could be used for live shows, film and TV, events/parties etc. There's plenty of legitimate uses.' The key is ensuring people understand both the legitimate applications and the serious legal consequences of misuse.
What This Means For You
What do you think? Should retailers like Kmart continue selling these novelty warning lights, or do the risks outweigh the legitimate uses? Have you ever encountered someone using fake emergency lights inappropriately? Share your thoughts and experiences below.
Original Article
https://www.dailymail.co.uk/femail/...priate-10-item-Australian-stores-allowed.html
What Does the Law Say About Impersonating a Police Officer?
Cited text: How would you know if you were dealing with a fake cop?
Excerpt: Kmart Australia has started selling a $10 Novelty Warning Light
https://www.sydneycriminallawyers.c...law-say-about-impersonating-a-police-officer/
What is the Law on Impersonating an Emergency Services Vehicle in NSW? - Criminal Defence Lawyers Australia
Cited text: This was the very scenario that transpired when a Melbourne teenager was busted after spending weeks masquerading as an emergency services worker roam...
Excerpt: In Melbourne, a 16-year-old teenager spent weeks masquerading as an emergency services worker, driving around in his customised white truck fitted with over $100,000 worth of sirens, lights and gear.
https://www.criminaldefencelawyers....onating-an-emergency-services-vehicle-in-nsw/
What is the Law on Impersonating an Emergency Services Vehicle in NSW? - Criminal Defence Lawyers Australia
Cited text: It is reported that for several weeks leading up to October 2017, the boy, who was believed to be on his learner driver licence, drove around Melbourn...
Excerpt: In Melbourne, a 16-year-old teenager spent weeks masquerading as an emergency services worker, driving around in his customised white truck fitted with over $100,000 worth of sirens, lights and gear.
https://www.criminaldefencelawyers....onating-an-emergency-services-vehicle-in-nsw/
What is the Law on Impersonating an Emergency Services Vehicle in NSW? - Criminal Defence Lawyers Australia
Cited text: The 16-year-old made his truck look so realistic with flashing lights fitted on the roof and a siren that motorists, in fact, pulled to the side the l...
Excerpt: The truck was so realistic with flashing lights fitted on the roof and a siren that motorists pulled to the side to let his vehicle pass.
https://www.criminaldefencelawyers....onating-an-emergency-services-vehicle-in-nsw/
What is the Law on Impersonating an Emergency Services Vehicle in NSW? - Criminal Defence Lawyers Australia
Cited text: He had been responding to traffic crashes and even assisted people at the scenes of several accidents.
Excerpt: The teenager had been responding to traffic crashes and even assisted people at the scenes of several accidents
https://www.criminaldefencelawyers....onating-an-emergency-services-vehicle-in-nsw/
What is the Law on Impersonating an Emergency Services Vehicle in NSW? - Criminal Defence Lawyers Australia
Cited text: Responding to the footage, Senior Constable Fritz Ebert said the truck and the driver’s behaviour were unlike anything he had seen in his five years w...
Excerpt: Senior Constable Fritz Ebert described the situation as unlike anything he'd seen in five years, noting the danger of 'a 16-year-old unaccompanied inexperienced driver, driving at peak hour traffic' while 'pretending to be an emergency…
https://www.criminaldefencelawyers....onating-an-emergency-services-vehicle-in-nsw/
What is the Law on Impersonating an Emergency Services Vehicle in NSW? - Criminal Defence Lawyers Australia
Cited text: “It would seem he’s been attending, trying to get vehicles out of the way and then getting out, and I guess pretending to be an emergency service help...
Excerpt: Senior Constable Fritz Ebert described the situation as unlike anything he'd seen in five years, noting the danger of 'a 16-year-old unaccompanied inexperienced driver, driving at peak hour traffic' while 'pretending to be an emergency…
https://www.criminaldefencelawyers....onating-an-emergency-services-vehicle-in-nsw/
Impersonating Police Offences & Defences NSW—Lexology
Cited text: A 20-year-old Sydney woman was allegedly pulled over by armed and masked police impersonators in the early hours of the morning, in what she described...
Excerpt: a 20-year-old Sydney woman described a 'genuinely terrifying' ordeal when she was allegedly chased by armed and masked police impersonators in a silver Holden Commodore with flashing blue and red lights at Bidwill in Sydney's northwest at…
https://www.lexology.com/library/detail.aspx?g=640b91a1-85dc-41aa-92c5-97a4e73bb289
The Penalties for Impersonating a Police Officer in NSW—Criminal Defence Lawyers Australia
Cited text: Instances of people asserting authority by impersonating police undermines the administration of justice, and it can easily be done- there have been m...
Excerpt: Many instances of people using fake police flash lights on their vehicles to pull people over
https://www.criminaldefencelawyers....es-for-impersonating-a-police-officer-in-nsw/
Impersonation of Police Officer—Charges, Penalties and Sentencing
Cited text: The maximum penalty is two years imprisonment and/or a fine of 10 penalty units. The offence of ‘Impersonation of Police Officer’ is contained in s 54...
Excerpt: In NSW, anyone who impersonates a police officer faces a maximum penalty of two years imprisonment and/or a fine of 10 penalty units
https://www.armstronglegal.com.au/criminal-law/nsw/offences/dishonesty/impersonation-police-officer/
Aggravated Impersonation of Police Officer—Charges, Penalties and Sentencing
Cited text: The person can be charged with the more serious ‘aggravated’ offence, if they impersonate a police officer and do one of the things that police office...
Excerpt: If someone impersonates a police officer and does something that police officers have the power to do—like pretending to arrest someone—they can be charged with the more serious 'aggravated' offence, with a maximum penalty of 7 years…
https://www.armstronglegal.com.au/c...esty/aggravated-impersonation-police-officer/
Impersonating Police Offences & Defences NSW—Criminal Defence Lawyers Australia
Cited text: However, the offence is considered ‘aggravated’ where a person not only impersonates an officer but purports to exercise a power or function as a poli...
Excerpt: The aggravated offence applies where a person not only impersonates an officer but 'purports to exercise a power or function as a police officer, with intent to deceive' - including 'pretending to be a police officer in order to stop…
https://www.criminaldefencelawyers.com.au/blog/impersonating-police-offences-defences-nsw/
CRIMES ACT 1900—SECT 546D Impersonation of police officers
Cited text: (4) In this section-- 'impersonation' does not include conduct engaged in solely for satirical purposes.
Excerpt: The law specifically states that 'impersonation' does not include conduct engaged in solely for satirical purposes
https://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s546d.html
Revisiting red/blue lights—South Australia
Cited text: I have no doubt that using red/blue lights to communicate to a driver that he or she is required to pull over would be representing oneself by ‘conduc...
Excerpt: Legal experts note that using red/blue lights to communicate to a driver that they should pull over would constitute 'representing oneself by conduct to be a police officer' and would therefore be impersonating a police officer
https://australianemergencylaw.com/2020/02/20/revisiting-red-blue-lights-south-australia/
Amazon.com: Lumistick 7 Inch LED Police Light Party Beacon | Rotating Flashing Alert Ultra Bright Emergency Warning Light for Party (Blue, 1 Police Beacon) : Industrial & Scientific
Cited text: This can be used for plays, events, skits and other functions by kids. Organize a police theme party and use this as a party decor item.
Excerpt: These lights can be used 'for plays, events, skits and other functions by kids' and to 'organize a police theme party and use this as a party decor item'.
Amazon.com: Lumistick 7 Inch LED Police Light Party Beacon | Rotating Flashing Alert Ultra Bright Emergency Warning Light for Party (Red, 1 Police Beacon) : Industrial & Scientific
Cited text: ✔ FOR PARTY: Beacon can be used as a party decoration or in an industrial setting to increase visibility, attract attention, or signal an alert. This ...
Excerpt: Professional applications include use 'as a party decoration or in an industrial setting to increase visibility, attract attention, or signal an alert' and for 'kid's parties, carnivals, plays, and other events'.
Amazon.com: Rhode Island Novelty 7 Inch Red Police Beacon Light, One Piece per Order : Musical Instruments
Cited text: Occasions—A 7-inch red police beacon toy is perfect for themed parties, Halloween decorations, or playful emergencies in escape rooms. Use it during...
Excerpt: A 7-inch red police beacon toy is 'perfect for themed parties, Halloween decorations, or playful emergencies in escape rooms' and can be used 'during games like cops and robbers, as a dramatic alert in pranks, or for adding fun to kids'…
Is it legal for a civilian vehicle to look like an emergency vehicle if it's for a movie? If so, are emergency lights allowed, and how should we prove to LEO that it's for a movie? - Quora
Cited text: Answer (1 of 7): Every State has different rules on how similar to an emergency vehicle that a personal vehicle can appear. Generally, you cannot disp...
Excerpt: regulations vary by state, and generally 'you cannot display red and/or blue lights' on vehicles without proper authorization.
https://www.quora.com/Is-it-legal-f...w-should-we-prove-to-LEO-that-its-for-a-movie
Impersonating Police Offences & Defences NSW—Lexology
Cited text: “Anyone stopped by an unmarked vehicle with blue and red flashing lights, should ask for identification, obtain the vehicle registration and contact p...
Excerpt: Police advice is clear: 'Anyone stopped by an unmarked vehicle with blue and red flashing lights, should ask for identification, obtain the vehicle registration and contact police immediately to confirm the legitimacy of those on board'.
https://www.lexology.com/library/detail.aspx?g=640b91a1-85dc-41aa-92c5-97a4e73bb289
Revisiting red/blue lights—South Australia
Cited text: The Road Traffic (Light Vehicle Standards) Rules 2018 (SA) cl 114(5) says ‘A vehicle, other than an exempt vehicle, a special use vehicle, or a State ...
Excerpt: In South Australia, road traffic rules state that 'a vehicle, other than an exempt vehicle, a special use vehicle, or a State Government enforcement vehicle must not be fitted with a light that flashes'
https://australianemergencylaw.com/2020/02/20/revisiting-red-blue-lights-south-australia/
Can Civilians Use Emergency and Warning Lights—Extreme Tactical Dynamics
Cited text: Our products are available to the general public. However, not everyone can operate an emergency light in their car on public roads. What this means i...
Excerpt: As one emergency lighting retailer explains: 'Our products are available to the general public.
https://www.extremetacticaldynamics...emergency-and-warning-light-use-by-civilians/
Can Civilians Use Emergency and Warning Lights—Extreme Tactical Dynamics
Cited text: First and foremost, emergency strobe lights that are either red or blue are, by and large, disallowed. There are some exceptions, but the general spir...
Excerpt: The general principle in emergency lighting regulation is that 'emergency strobe lights that are either red or blue are, by and large, disallowed' for civilian vehicles, with 'the general spirit of the law being that civilian vehicles…
https://www.extremetacticaldynamics...emergency-and-warning-light-use-by-civilians/
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