Federal Register of Legislation - Australian Government

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SR 2002 No. 219 Regulations as made
Principal Regulations
Administered by: Treasury
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Made 05 Sep 2002
Registered 01 Jan 2005
Tabled HR 16 Sep 2002
Tabled Senate 16 Sep 2002
Gazetted 12 Sep 2002
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002 2002 No. 219

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 219

Issued by the Authority of the Parliamentary Secretary to the Treasurer

Trade Practices Act 1974

Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002

Section 172 of the Trade Practices Act 1974 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 65C(1) of the Act provides that a corporation must not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, if the goods are of a kind in respect of which there is a prescribed a consumer product safety standard and they do not comply with that standard.

Subsection 65C(2) of the Act provides that the regulation may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as to: performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; testing of the goods during, or after the completion, of manufacture or processing; and the form and content of markings, warnings or instructions to accompany the goods, as are reasonably necessary to prevent or reduce risk of injury to any person.

The purpose of the proposed Regulations is to reduce the incidence of injury associated with baby walkers by requiring them to incorporate specified safety features.

Details of the proposed Regulations are as follows:

Regulation 1 gives the name of the Regulations as the Trade Practices (Consumer Product Safety Standards) (Baby Walkers) Regulations 2002.

Regulation 2 states that the Regulations commence on 1 November 2002.

Regulation 3 defines baby walker as a device that consists of a frame on wheels designed to support, inside the frame and with the child's feet touching the ground, a child who has not yet learned to walk; and is propelled by the movement of the child. F977 - 00 means the American Society for Testing and Materials Consumer Safety Specification for Infant Walkers, published in July 2000, and available from the website of the American Society for Testing and Materials (www.astm.org).

Regulation 4 states that for section 65C of the Act, compliance with sections 6.1, 6.4, and 9.3 of F977 - 00 is prescribed as the consumer product safety standard for baby walkers. These sections require:

•       A mechanism to prevent the walker falling down steps;

•       that the walker is stable; and

•       a label warning of the need for close supervision, to use only on flat surfaces free of objects that could cause the walker to tip over, to avoid bums keep the child away from hot liquids, ranges, radiators, space heaters, fireplaces etc and a separate stairs warning visible to the consumer when the child is placed in the walker