Federal Register of Legislation - Australian Government

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No. 3 of 2009 Standards/Product Safety as made
This Standard adopts and varies the requirements of Australian Standard AS 1900-1991 Flotation toys and swimming aids for children and Australian Standard AS 1900-2002 Flotation aids for water familiarization and swimming tuition.
Administered by: Treasury
General Comments: Note: The choice between two consumer product safety standards in this consumer product safety notice is available until 31 March 2010. From 1 April 2010 the standard at Division 2(b) of the Schedule will operate as the only consumer product safety standard in this consumer product safety notice.
This Notice was originally made under section 65E of the Trade Practices Act 1974 and is continued in force under section 104 of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010) (Act No. 51 of 1974) (see Schedule 7, item 4 of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010)).
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 16
Registered 30 Apr 2009
Tabling HistoryDate
Tabled HR12-May-2009
Tabled Senate12-May-2009
Date of repeal 20 Dec 2017
Repealed by Consumer Goods (Swimming and Flotation Aids) Safety Standard 2017

 

COMMONWEALTH OF AUSTRALIA

 

Trade Practices Act 1974

 

Consumer Protection Notice No 3 of 2009

 

CONSUMER PRODUCT SAFETY STANDARD FOR SWIMMING AIDS AND FLOTATION AIDS FOR WATER FAMILIARISATION AND SWIMMING TUITION

 

I, Chris Bowen, Minister for Competition Policy & Consumer Affairs, pursuant to subsection 65E(1) of the Trade Practices Act 1974 and for the purposes of section 65C of that Act, hereby:

 

(a)        DECLARE that in respect of goods of the kind specified in Division 1 of the Schedule to this Notice, the standards approved by Standards Australia specified in Division 2 of the Schedule, as varied by Division 3 of the Schedule, are consumer product safety standards for the purposes of section 65C of the Trade Practices Act 1974.  The standard at Division 2(a) of the Schedule to this Notice will cease to operate as a consumer product safety standard from 1 April 2010.

 

THE SCHEDULE

 

Division 1: Particulars of the goods

 

Swimming aids and flotation aids designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition;

 

including, but not limited to:

 

(a)                arm bands;

(b)               attached rings;

(c)                swimming aid vests;

 

but NOT including:

 

(d)               inflatable novelty shapes;

(e)                unattached complete or partial rings;

(f)                 kickboards;

(g)                articles designed for therapeutic use by disabled persons;

(h)                articles, including life jackets or other personal flotation devices, which are within the scope of AS 4758 Personal flotation devices, as at the date of this notice.

 

 

 

 

Division 2: The Standards

 

Either:

 

(a)                Australian Standard AS 1900-1991 Flotation toys and swimming aids for children, approved by Standards Australia on 12 July 1991 and incorporating all amendments approved by Standards Australia as at the date of this Notice;

 

Or:

 

(b)        Australian Standard AS 1900-2002 Flotation aids for water familiarization and swimming tuition, approved by Standards Australia on 30 November 2001.

 

 

Division 3: Variations

 

Australian Standard AS 1900-1991 Flotation toys and swimming aids for children is varied by:

 

(a)        Deleting the text in clause 1.1 and replacing it with:

 

SCOPE  This Standard specifies requirements for swimming aids designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition.’

 

(b)        Deleting the text in clause 1.3.5 and replacing it with:

 

Swimming aid – an article which is designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition (see Figure 1.1).’

 

(c)        Deleting clause 1.3.6;

 

(d)        Deleting clause 1.3.8;

 

(e)        In Figure 1.1:

 

i.         deleting the text ‘FLOTATION TOYS AND’ as it appears in the heading; and

ii.       deleting the part of the figure relating to the classification of flotation toys;

 

 

 

(f)         Deleting clause 2.10;

 

(g)        Deleting section 3;

 

(h)        Deleting section 4;

 

(i)         In clause 8.1.1 deleting the text ‘flotation toys and’;

 

(j)         Deleting clause 8.1.2;

 

(k)        Deleting clause 8.1.5;

 

(l)         In clause 8.1.6 deleting the text ‘8.1.2 to 8.1.5’ and replacing with ‘8.1.3 and 8.1.4’;

 

(m)       In clause 8.2 deleting the text ‘8.1.2 to 8.1.5’ and replacing with ‘8.1.3 and 8.1.4’; and

 

(n)        In Appendix A deleting the text ‘flotation toy or’ in the first paragraph.

 

Australian Standard AS 1900-2002 Flotation aids for water familiarization and swimming tuition is varied by:

 

(a)                Deleting the text in clause 1.1 and replacing it with:

 

SCOPE  This Standard specifies requirements for flotation aids designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition.’

 

(b)               Deleting the text in clause 1.4.1 and replacing it with:

 

Flotation aid

 

An article which is designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition.’

 

(c)        Deleting clause 1.4.4:

 

(d)        Deleting clause 2.1.1; and

 

(e)        In clause 2.7, deleting the sentence ‘Failure or deflation of any chamber shall not affect the security of fit of the aid, as required by Clause 2.1.1.’.

 

 

 

 

 

Note:   The choice between two consumer product safety standards in this consumer product safety notice is available until 31 March 2010. From 1 April 2010 the standard at Division 2(b) of the Schedule will operate as the only consumer product safety standard in this consumer product safety notice.

 

Dated this  8th  day of April 2009

 

 

 

 

 

Chris Bowen

Minister for Competition Policy & Consumer Affairs