Federal Register of Legislation - Australian Government

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No. 26 of 2010 Standards/Product Safety as made
This Notice declares potty skimmers to be unsafe goods.
Administered by: Treasury
General Comments: This notice was originally made under subsection 65C(5) of the Trade Practices Act 1974. Item 2 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010) provides that this notice remains in force from 1 January 2011 as if it had been made under section 109 of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Act No. 51 of 1974)).

Note: the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010 on 1 January 2011 (see item 2 of Schedule 5 to 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 23 Dec 2010
Tabling HistoryDate
Tabled Senate08-Feb-2011
Tabled HR08-Feb-2011

COMMONWEALTH OF AUSTRALIA

 

TRADE PRACTICES ACT 1974

 

Consumer Protection Notice No. 26 of 2010

 

UNSAFE GOODS NOTICE

 

I, CRAIG ANTHONY EMERSON, Minister for Competition Policy and Consumer Affairs, pursuant to subsection 65C(5) of the Trade Practices Act 1974, hereby DECLARE that goods of the kinds specified below are unsafe goods, in that it appears to me the goods will or may cause injury to a person.

 

Particulars of Goods:

 

1.         Potty skimmers designed for installation in domestic swimming pools or spas.

 

2.         Pool or spa outlets which are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

Note: In this clause, 'outlets' does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

 

3.         Transportable swimming pools or spas which contain integrally moulded potty skimmers or outlets that are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

Note: In this clause, 'outlets' does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

 

 

Interpretation:

 

"ANSI" means American National Standards Institute.

 

"ASME" means American Society of Mechanical Engineers.

 

"ASTM" means American Society for Testing and Materials.

 

"Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment" includes AS1926.3; AS2610.2 and ANSI A112.

 

"Potty skimmer" means a pool or spa outlet at water level used as a suction point for the water reticulation system which (a) resembles a child's chamber-pot or other toilet device and which (b) has no protective device fixed to the skimmer box outlet which would prevent a person becoming lodged or caught in the skimmer box outlet through the operation and effect of suction within or through the water reticulation system.

Note: Goods subject to this Notice and which fail to comply may be subject to compulsory recall. This includes goods which subsequently become fixtures [by virtue of sub-section 65F(11) of the Act].

 

 

Dated this 16th day of July 2010.

 

 

CRAIG ANTHONY EMERSON

Minister for Competition Policy and Consumer Affairs