Trade Practices (Consumer Product Safety Standards) Regulations 1979

Statutory Rules No. 134, 1979

made under the

Competition and Consumer Act 2010

Compilation No. 6

Compilation date:                              5 April 2017

Includes amendments up to:            F2017L00382

Registered:                                         17 May 2017

About this compilation

This compilation

This is a compilation of the Trade Practices (Consumer Product Safety Standards) Regulations 1979 that shows the text of the law as amended and in force on 5 April 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Regulations........................................................................... 1

4............ Interpretation....................................................................................... 1

5............ Warnings accompanying goods.......................................................... 1

10.......... Consumer product safety standard for balloon‑blowing kits............... 1

11.......... Consumer product safety standards: bean bags, bean bag covers and packages containing bean bag filling            2

11A....... Elastic luggage straps—consumer product safety standard until 31 May 2001 (Act s 65C (2))               3

11B....... Elastic luggage straps—consumer product safety standard from 1 June 2001 to 30 November 2004 (Act s 65C (2))            3

12.......... Warrant for purposes of section 65Q of the Act................................. 4

Schedule                                                                                                                                   5

Endnotes                                                                                                                                      6

Endnote 1—About the endnotes                                                                              6

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                             9

1  Name of Regulations

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

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.

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:

                              (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.

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.

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:

                     (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.

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.

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.

             (5)  The label must be clearly displayed.

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.

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;

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

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history