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FAIR TRADING (CONSUMER PRODUCT STANDARDS) REGULATIONS 2002 (NO 39 OF 2002) - REG 54

Exceptions to div 2.13

    (1)     This division does not apply to the following helmets:

        (a)     helmets that are of a size too small to be fitted to Headform A (as specified in AS/NZS 2512.1, table 2 );

        (b)     helmets that are designed and constructed principally for use by cyclists engaged in competitive racing and that are marked in accordance with subregulation (2);

        (c)     helmets that are designed and constructed principally for use as toys and that are marked in accordance with subregulation (3), or that are not so marked but are unlikely to be mistaken for helmets providing significant protection against impact.

    (2)     A helmet mentioned in subregulation (1) (b) is marked in accordance with this subregulation if it has the words ‘WARNING: racing headgear only—inadequate impact protection for normal road use' marked clearly and legibly in a conspicuous position—

        (a)     on the helmet or on a label attached to the helmet; and

        (b)     on a main outer display face of any packaging in which the helmet is supplied.

    (3)     A helmet mentioned in subregulation (1) (c) is marked in accordance with this subregulation if it has the words ‘WARNING: toy helmet only—do not use as safety headgear' marked clearly and legibly in a conspicuous position—

        (a)     on the helmet or on a label attached to the helmet; and

        (b)     on a main outer display face of any packaging in which the helmet is supplied.

    (4)     The word ‘WARNING' to be marked on a helmet under subregulation (2) or (3) must be in capital letters at least 5mm high and the remaining words to be marked on a helmet under the subregulation must be in letters at least 2.5mm high.



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