Trade Practices (Consumer Product Safety Standard) (Baby Bath Aids) Regulations 2005¹

I, JOHN LANDY, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.

Dated 11 May 2005

JOHN LANDY

Administrator

By the Administrator’s Command

CHRIS PEARCE

1              Name of Regulations

                These Regulations are the Trade Practices (Consumer Product Safety Standard) (Baby Bath Aids) Regulations 2005.

2              Commencement

                These Regulations commence on the day after they are registered.

3              Interpretation

                In these Regulations, unless the contrary intention appears:

Act means the Trade Practices Act 1974.

baby bath aid means a device designed to support a baby while the baby is being bathed.

safety alert symbol means a symbol consisting of an exclamation mark inside an equilateral triangle with a base of at least 30 millimetres, as depicted in Schedule 2 to the notice under paragraph 31 (1) (a) of the Fair Trading Act 1987 (NSW) published in the New South Wales Government Gazette No. 63 on 26 March 2004, at page 1721.

4              Purpose

                For subsection 65C (2) of the Act, these Regulations set out the consumer product safety standard for baby bath aids.

5              Form and content of warning

         (1)   Subject to subregulation (4), a baby bath aid and any packaging in which the baby bath aid is supplied must bear a warning containing:

                (a)    a notice stating “WARNING — Children have DROWNED while using bath aids. This is NOT a safety device. ALWAYS keep baby within arm’s reach. NEVER leave baby in care of children.”; and

               (b)    2 safety alert symbols, placed immediately to the left and right of the notice.

         (2)   On both a baby bath aid and any packaging in which the baby bath aid is supplied:

                (a)    that part of the warning consisting of the notice must include:

                          (i)    the word “WARNING” in capital letters at least 10 mm high; and

                         (ii)    the words “DROWNED”, “NOT”, “ALWAYS” and “NEVER” in capital letters at least 5 mm high; and

                         (iii)    the remaining words in lower case letters at least 2.5 mm high; and

               (b)    the warning must be:

                          (i)    permanently affixed to the baby bath aid and any packaging; and

                         (ii)    prominently and conspicuously displayed; and

                         (iii)    in a contrasting colour to the colour of the baby bath aid and of any packaging.

         (3)   The warning on the baby bath aid must:

                (a)    be on the upper surface of the baby bath aid; and

               (b)    be visible to a person when a baby is in the baby bath aid; and

                (c)    not contain any ink, colouring or other material that may run or fade when the baby bath aid is subjected to bathing conditions.

         (4)   If the packaging in which a baby bath aid is supplied is colourless and transparent, and the warning on the baby bath aid is clearly legible to a person through the packaging, the warning is not required on that packaging.

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.