Federal Register of Legislation - Australian Government

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SR 1979 No 134 Regulations as amended, taking into account amendments up to SR 2004 No. 332
Administered by: Treasury
Start Date 01 Dec 2004
End Date 04 Apr 2017

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979



Compilation Information

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Trade Practices (Consumer Product Safety Standards) Regulations 1979

Statutory Rules 1979 No. 134 as amended
made under the
Trade Practices Act 1974
This compilation was prepared on 1 December 2004
taking into account amendments up to SR 2004 No. 332
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Trade Practices (Consumer Product Safety Standards) Regulations 1979.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 2
Commencement

These Regulations shall come into operation on 11 July 1979.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 3
Repeal

(1)
The Trade Practices (Buoyancy Aids Safety Standards) Regulations (being Statutory Rules 1974 No. 225 and Statutory Rules 1975 Nos. 15 and 128) are repealed.

(2)
The Trade Practices (Apparel and Related Goods Safety Standard) Regulations (being Statutory Rules 1979 No. 16) are repealed.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 4
Interpretation

(1)
In these Regulations, the Act means the Trade Practices Act 1974.

(2)
In these Regulations, a reference to an Australian Standard published on a specified date shall be read as a reference to the standard approved for publication on that date on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 5
Warnings accompanying goods

(1)
Where, in these Regulations, a consumer product safety standard is prescribed for the purposes of section 65C of the Act, being a consumer product safety standard that consists of the requirement that a warning shall be placed on goods of a particular kind or on goods of a particular kind and also on any package in which the goods are offered for supply:

(a)
the warning on the goods or package shall:


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(i)
be marked on the goods or package in indelible permanent ink or paint and in a colour contrasting with the colour of the goods or package, as the case may be;
(ii)
be stitched into the material of the goods or package by means of thread of a colour contrasting with the colour of the goods or package, as the case may be; or
(iii)
be marked or stitched in the manner prescribed by subparagraph (i) or (ii) upon or into a label of durable substance affixed to the goods or package in a reasonably permanent manner;
(b)
the warning on the goods or package shall be placed in a conspicuous position on the goods or package; and

(c)
the words of the warning shall not be combined with or be accompanied by any other words or matter (including an illustration) where those other words or that other matter would tend to contradict or obscure the meaning of the warning.

(2)
Subregulation (1) does not apply where these Regulations make other provision in relation to the form and content of markings, warnings or instructions to accompany goods of a particular kind.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 10
Consumer product safety standard for balloon-blowing kits

(1)
For the purposes of section 65C of the Act, the consumer product safety standard specified in subregulation (2) is prescribed in respect of balloon-blowing kits.

(2)
The consumer product safety standard referred to in subregulation
(1)
consists of the requirement that the substance contained in balloon-blowing kits that is capable of being used to make inflated balloons shall not contain benzene.

(3)
In this regulation, balloon-blowing kits means goods that contain a substance capable of being used to make inflated balloons by the action of blowing the whole or a portion of the substance from a tube (not being a container) contained in the goods.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 11
Consumer product safety standards: bean bags, bean bag covers and packages containing bean bag filling

(1)
In this regulation:

bean bag means a cushion or similar item which consists of a bag or cover surrounding bean bag filling and includes a bean bag for use in swimming pools.

bean bag cover means a bag or cover capable of being filled with bean bag filling and which, if filled with bean bag filling, would constitute a bean bag and includes a bag or cover intended as a separate inner lining for a bean bag.

bean bag filling means pellets, or small particles, of polystyrene or other similar synthetic material.

child-resistant slide-fastener means a slide-fastener having a sliding piece which:

(a)
does not have attached to it any tag, handle or other object which would facilitate the movement of the sliding piece; and

(b)
incorporates a locking mechanism which prevents the sliding piece opening the slide-fastener unless a wholly separate device is used to disengage the locking mechanism and act as a handle in moving the sliding piece between the teeth.

slide-fastener means a device comprising 2 sets of teeth, each set of teeth being located on adjacent edges of the device and having an attached sliding piece which, by moving between the adjacent teeth of each edge, causes the teeth to interlock or cease to interlock, as the case may be, with teeth of the adjacent edge.
(2) For the purposes of section 65C of the Act, the consumer product safety standard consisting of the requirements of subregulations (4), (5) and (6) is prescribed in respect of bean bags and bean bag covers.

(3)
For the purposes of section 65C of the Act, the consumer product safety standard consisting of the requirements of subregulations (4) and (5) is prescribed in respect of packages of every description containing bean bag filling.

(4)
Every bean bag, bean bag cover and package of every description containing bean bag filling shall have fixed securely to, or stamped on, it a label or notice in the following form:

"WARNING:   Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled."

(5)
A warning label or notice referred to in subregulation (4) shall:


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(a)
bear the word `WARNING' in upper case red letters of not less than 5 millimetres in height on a white background;

(b)
bear the remaining words in upper and lower case letters as shown in subregulation (4), the upper case letters being of not less than 5 millimetres in height; and

(c)
be conspicuously displayed.

(6)
Every bean bag and bean bag cover shall have a child-resistant slide-fastener fitted to every opening through which bean bag filling can be inserted or removed.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 11A
Elastic luggage straps — consumer product safety standard until 31 May 2001 (Act s 65C (2))

(1)
In this regulation, elastic luggage strap means an elastic strap or cord or 2 or more elastic straps or cords permanently joined and:

(a)
having a hook, buckle or other fastening device at each extremity; and

(b)
designed to be used for the purpose of securing luggage or other objects.

(2)
Until the end of 31 May 2001, the consumer product safety standard for elastic luggage straps is:

(a)
the standard set out in subregulations (3) and (4); or

(b)
the standard set out in subregulations 11B (3), (4) and (5).

(3)
The consumer product safety standard mentioned in paragraph (2) (a) consists of the requirement that elastic luggage straps have permanently affixed to them a label bearing the following warning:

"WARNING.   Avoid eye injury. Do not overstretch. Strap may rebound."

(4)
A label referred to in subregulation (3) must:

(a)
bear the word `WARNING' in upper case red letters of not less than 5 millimetres in height on a white background; and

(b)
bear the remaining words in upper or lower case letters of not less than 2.5mm in height; and

(c)
be conspicuously displayed.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 11B
Elastic luggage straps — consumer product safety standard from 1 June 2001 to 30 November 2004 (Act s 65C (2))

(1)
In this regulation:

elastic luggage strap has the meaning given by subregulation 11A (1).
(2) For the period from 1 June 2001 to the end of 30 November 2004, the consumer product safety standard for elastic luggage straps is the standard set out in this regulation.

(3)
Elastic luggage straps must have permanently attached to them a label bearing the following warning:

WARNING. Avoid eye injury. DO NOT overstretch. ALWAYS keep face and body out of recoil path. DO NOT use when strap has visible signs of wear or damage.

(4)
The label must:

(a)
bear the word `warning' in upper case black letters of not less than 4 millimetres in height on a yellow background; and

(b)
bear the words `do not' and `always' in upper case black letters of not less than 2 millimetres in height on a yellow background; and

(c)
bear the remaining words in lower case black letters of not less than 2 millimetres in height on a yellow background.


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(5)
The label must be clearly displayed.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 11C
Elastic luggage straps — consumer product safety standard from 1 December 2004 (Act s 65C (2))

(1) In this regulation:
elastic luggage strap means:
(a) an elastic strap or cord, or 2 or more elastic straps or cords, permanently joined and:

(i)
having a hook, buckle or other fastening device at each extremity; and
(ii)
designed to be used for the purpose of securing luggage or other objects;

but does not include:

(b)
elasticised cargo nets; and

(c)
elasticised straps specifically made for the purpose of securing a vehicle jack or toolkit within a vehicle.

(2)
From 1 December 2004, the consumer product safety standard for elastic luggage straps is the standard set out in this regulation.

(3)
Elastic luggage straps must have permanently attached to them a label bearing the following warning:

WARNING. Avoid eye injury. DO NOT overstretch. ALWAYS keep face and body out of recoil path. DO NOT use when strap has visible signs of wear or damage.

(4) The label must:

(a)
bear the word `warning' in upper case black letters of not less than 4 millimetres in height on a yellow background; and

(b)
bear the words `do not' and `always' in upper case black letters of not less than 2 millimetres in height on a yellow background; and

(c)
bear the remaining words in lower case black letters of not less than 2 millimetres in height on a yellow background.

(5)
The label must be clearly displayed.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
- REG 12
Warrant for purposes of section 65Q of the Act

The form of warrant in the Schedule may be used for the purposes of subsection 65Q (5) of the Act.

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
Schedule

(regulation 12)

COMMONWEALTH OF AUSTRALIA
Trade Practices Act 1974

WARRANT UNDER SECTION 65Q

To , an authorised officer within the meaning of section 65Q of the Trade Practices Act 1974. WHEREAS application has been made to me by (full name of applicant for warrant), an authorised officer within the meaning of section 65Q of the Trade Practices Act 1974, for the issue under subsection (5) of that section of a warrant to exercise the powers of an authorised officer under subsection (2) of that section in relation to the premises situated at (here insert address of premises);
AND WHEREAS I, (full name) a Judge of the Court of :

(a)
have been furnished with an affidavit setting out the grounds on which the issue of the warrant is being sought;

(b)
have been given such further information (if any) as I require concerning the grounds on which the issue of the warrant is being sought; and

(c)
am satisfied there are reasonable grounds for issuing the warrant;


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NOW THEREFORE I, under that section, hereby authorise you, with such assistance as you think necessary and if necessary by force, to enter those premises and to exercise the powers of an authorised officer under subsection (2) of that section, namely:

(d)
to inspect goods of a particular kind, being (here specify kind of goods), which you have reason to believe are intended to be used or are of a kind likely to be used by a consumer, being goods that will or may cause injury to any person;

(e)
to take samples of goods of that kind;

(f)
to inspect any documents relating to goods of that kind and make copies of, or take extracts from, those documents; or

(g)
to inspect equipment used in the manufacturing, processing or storage of goods of that kind;

in relation to those premises for the purpose of ascertaining whether goods of that kind will or may cause injury to any person;
AND I HEREBY AUTHORISE you to enter on those premises at any time of the day or night (or during the following hours of the day or night, namely ).
THIS WARRANT ceases to have effect on (insert date not being date later than 7 days after the day of issue of the warrant.)
Issued on 19 .
Judge of the
Court of

TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979
Notes to the Trade Practices (Consumer Product Safety Standards) Regulations 1979

Note 1

The Trade Practices (Consumer Product Safety Standards) Regulations 1979 (in force under the Trade Practices Act 1974) as shown in this consolidation comprise Statutory Rules 1979 No. 134 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1979 No. 134
10 July 1979
11 July 1979

1980 No. 31
28 Feb 1980
28 Feb 1980

1981 No. 167
30 June 1981
30 June 1981

1986 No. 310
30 Oct 1986
30 Oct 1986

1987 No. 246
28 Oct 1987
28 Oct 1987

1989 No. 336
7 Dec 1989
7 Dec 1989

1989 No. 375
21 Dec 1989
21 Dec 1989

1997 No. 20
26 Feb 1997
26 Feb 1997

1999 No. 238
20 Oct 1999
30 Nov 1999

2004 No. 332
1 Dec 2004
1 Dec 2004

Table

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of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 1999 No. 238
R. 5
am. 1980 No. 31; 1989 Nos. 336 and 375
R. 6
rep. 1986 No. 310
Rr. 7, 8
am. 1989 No. 336

rep. 1997 No. 20
R. 9
ad. 1980 No. 31

am. 1989 No. 336

rep. 1997 No. 20
R. 10
ad. 1981 No. 167

am. 1989 No. 336; 1997 No. 20
R. 11
ad. 1987 No. 246
Heading to r. 11A
rs. 1999 No. 238
R. 11A
ad. 1989 No. 375

am. 1999 No. 238
R. 11B
ad. 1999 No. 238
R. 11C
ad. 2004 No. 332
R. 12
ad. 1989 No. 336
Schedule
ad. 1989 No. 336