Australian Capital Territory Numbered Regulations

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FAIR TRADING (CONSUMER PRODUCT STANDARDS) REGULATION 2009 (NO 19 OF 2009) - SCHEDULE 4

Schedule 4     Beanbags, beanbag covers and packages containing beanbag filling

(see s 7)

4.1     Definitions—sch 4

    (1)     In this schedule:

"beanbag" means a cushion or similar item that consists of a bag or cover surrounding beanbag filling, and includes a beanbag for use in a swimming pool.

"beanbag cover" means a bag or cover that can be filled with beanbag filling and that, if filled with beanbag filling, would be a beanbag, and includes a bag or cover intended as a separate inner lining.

"beanbag filling" means pellets, or small particles of polystyrene or other similar synthetic material that can be used as filling for a cushion, but does not include any such pellets or particles when they are mixed with material that cannot be so used.

"child-resistant slide fastener" means a slide fastener with a sliding piece of a kind mentioned in the definition of slide fastener that—

        (a)     does not have attached to it a tag, handle or other object that would facilitate the movement of the sliding piece; and

        (b)     incorporates a locking mechanism that prevents the sliding piece opening the slide fastener unless a completely separate device is used to disengage the locking mechanism and act as a handle in the moving of the sliding piece between the teeth of the slide fastener.

"package" means bag, box or other similar container, but does not include a beanbag cover.

4.2     Meaning of slide fastener —sch 4

    (1)     For this schedule, "slide fastener" means a device consisting of 2 sets of teeth, each set of teeth being located on adjacent edges of the device, and having an attached sliding piece that, when moved between the 2 sets of teeth, causes 1 set of teeth to interlock or cease to interlock with the other set of teeth.

    (2)     If a slide fastener has 2 or more sliding pieces of a kind mentioned in subsection (1), a reference to a sliding piece" "includes, in relation to the slide fastener, a reference to each of the sliding pieces.

4.3     Safety standard—beanbags etc

    (1)     A beanbag or a beanbag cover must—

        (a)     have a label that—

              (i)     is secured to the bag or cover in such a way that the label will, despite normal handling, remain fixed to the bag or cover; and

              (ii)     contains the following warning:

‘WARNING. Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled.'; and

        (b)     be constructed so that any opening through which beanbag filling may be inserted or removed is fitted with a child-resistant slide fastener.

    (2)     A package containing beanbag filling must have a label that—

        (a)     is secured to the package in such a way that the label will, despite normal handling, remain fixed to the package; and

        (b)     contains the warning mentioned in subsection (1) (a) (ii).

    (3)     The warning mentioned in subsection (1) (a) (ii) must—

        (a)     be printed in red letters at least 5mm high on a white background; and

        (b)     have the word ‘WARNING' printed in capital letters and the remaining words printed in capital and non-capital letters.



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