Federal Register of Legislation - Australian Government

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No. 3 of 2014 Standards/Product Safety as made
This notice establishes a mandatory safety standard for supply of child restraints for use in motor vehicles and incorporates features from the most recent version of the voluntary Australian Standard (AS/NZS 1754:2013).
Administered by: Treasury
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 16
Made 11 Sep 2014
Registered 19 Sep 2014
Tabled HR 23 Sep 2014
Tabled Senate 24 Sep 2014

COMPETITION AND CONSUMER ACT 2010

 

Consumer Protection Notice No. 3 of 2014

 

SAFETY STANDARD: CHILD RESTRAINT SYSTEMS FOR USE IN MOTOR VEHICLES

 

I, the Hon. Bruce Billson MP, Minister for Small Business, pursuant to subsection 105(1) of the Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010, hereby:

 

(a)                REVOKE the Consumer Product Safety Standard declared under section 105(1) of the ACL by Consumer Protection Notice No. 21 of 2011;

(b)               DECLARE that, in respect of consumer goods of a kind specified in Division 1 of the Schedule to this Notice, each version of the standard approved by Standards Australia specified in Division 2 of the Schedule, as varied by Division 3 of the Schedule, is an alternative safety standard for the purposes of section 106 of the ACL.

 

THE SCHEDULE

 

Division 1: Particulars of the consumer goods

 

The following consumer goods are specified:

 

(1)          Child restraints for use in motor vehicles, being devices to reduce the risk of bodily injury to a child passenger in the event of a motor vehicle impact.

(2)          Components:

(a)       to restrain a child in a child restraint;

(b)       to anchor a child restraint to a motor vehicle; and

(c)       to restrain a vehicle seat.

(3)          Booster seats for use in motor vehicles, being devices:

(a)       for raising a child’s position in a motor vehicle; and

(b)       for adapting an adult seat belt for use as a child restraint; and

(c)       having a back above the seating plane.

(4)          Booster cushions for use in motor vehicles, being devices:

(a)       for raising a child’s position in a motor vehicle; and

(b)       for adapting an adult seat belt for use as a child restraint; and

(c)       having no back above the seating plane.

Note: This safety standard does NOT apply to motor vehicle child restraints designed for children with a disability or to items that are an integrated feature of a motor vehicle.

 

 

 

Division 2: The Declared Standard

 

Australian/New Zealand Standard AS/NZS 1754:2013, Child restraint systems for use in motor vehicles, approved by Standards Australia and published on 7 June 2013;

 

or

 

Australian/New Zealand Standard AS/NZS 1754:2010, Child restraint systems for use in motor vehicles, published 24 February 2010 as amended by, and incorporating, all amendments approved and published by Standards Australia prior to the date of this instrument;

 

or

 

Australian/New Zealand Standard AS/NZS 1754:2004, Child restraint systems for use in motor vehicles, published 8 November 2004 as amended by, and incorporating, all amendments approved and published by Standards Australia prior to the date of this instrument.

 

 

 

Division 3: Variations

 

 

Australian/New Zealand Standard AS/NZS 1754:2013 is varied by:

 

(1)          Deleting the text “passenger cars and their derivatives,” and replacing with “motor vehicles,” in the first sentence of clause 1.1;

 

(2)               Deleting the second sentence of clause 1.1;

 

(3)               Deleting clause 1.6;

 

(4)               Deleting clauses 2.3; 2.4; and 2.5;

 

(5)               Deleting clauses 3.13; 5.2.2(b); and 6.3(h);

 

(6)               Deleting clauses 3.14; 4.6; 5.8; 6.3(r); 6.4.3(v); 6.4.3(oo); 6.6(n)(E); and 6.6(x);

(7)               Deleting the following texts in Table 5.1:

(a)    For aircraft testing TNO P¾’;

(b)   ‘For aircraft testing TNO P1½’;

(c)    ‘For aircraft testing TNO P3’;

(d)   ‘For aircraft testing TNO P6’;

 

(8)               Deleting Figures 3.17; and 6.5;

(9)               Deleting the second paragraph of clause 5.1; and

 

(10)           Deleting Appendix F.

 

 

Australian/New Zealand Standard AS/NZS 1754:2010 (as amended) is varied by:

 

(1)          Deleting the text “passenger cars and their derivatives,” and replacing with “motor vehicles,” in the first sentence of clause 1.1;

 

(2)               Deleting the second sentence of clause 1.1;

 

(3)               Deleting clauses 2.3; 2.4; and 2.5; and

 

(4)               Deleting clauses 3.12; 5.2.2(b); and 6.3(h).

 

 

Australian/New Zealand Standard AS/NZS 1754:2004 (as amended) is varied by:

 

(1)                Deleting the text “passenger cars and their derivatives,” and replacing with “motor vehicles,” in the first sentence of clause 1.1;

(2)                Deleting the second sentence of clause 1.1;

(3)                Deleting clauses 2.4; 2.5; and 2.6; and

(4)                Deleting clauses 3.12; 5.2.2(b); and 6.3(h).

 

 

 

 

 

Dated this 11th day of September 2014.

 

 

The Hon Bruce Billson MP

Minister for Small Business