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FAIR TRADING (CONSUMER PRODUCT STANDARDS) AMENDMENT REGULATION 2008 (NO 1) (NO 12 OF 2008)
2008
LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
FAIR TRADING (CONSUMER
PRODUCT STANDARDS) AMENDMENT REGULATION 2008 (NO 1)
EXPLANATORY
STATEMENT
Circulated by authority of
Simon Corbell MLA
Attorney
General
The purpose of the Fair Trading (Consumer Product Standards) Amendment
Regulation 2008 (No 1) (the Regulation) is to prescribe a consumer product
safety standard for basketball rings and backboards and a consumer product
safety standard for monkey bikes.
The part of the Regulation which
prescribes a consumer product safety standard for basketball rings and
backboards gives effect to the Commonwealth Trade Practices (Consumer Product
Safety Standard) (Basketball Rings and Backboards) Regulations 2005, which
gives national application to mandatory labeling requirements for basketball
rings and backboards already in force in New South Wales, Victoria and Western
Australia.
This amendment to the Regulation will enable the existing
Commonwealth standard to be enforced in the ACT, and will bring the ACT into
conformity with New South Wales, Victoria and Western Australia. The Regulation
will assist to ensure that consumers are aware of the risk of serious death and
injury associated with the misuse of basketball rings and backboards.
The
part of the Regulation which prescribes a consumer product safety standard for
monkey bikes is consistent with similar consumer product safety standards
existing in New South Wales, Victoria, Queensland and South Australia.
The Regulation will ensure that monkey bikes supplied in the ACT meet
specified minimum safety requirements dealing with their throttle control,
braking and steering systems, foot pegs and supplemental engine
stop.
NOTES ON CLAUSES
Clause 1 Name of regulation
This clause explains
that the name of the regulation is the Fair Trading (Consumer Product
Standards) Amendment Regulation 2008 (No 1).
This clause states that the regulation will commence on the day after it
is notified.
Clause 3 Legislation amended
This
clause explains that the regulation amends the Fair Trading (Consumer Product
Standards) Regulation 2002.
This clause inserts a new division into the Fair Trading (Consumer
Product Standards) Regulation 2002. The new division prescribes two consumer
product safety standards for basketball rings and backboards in accordance with
section 25 of the Fair Trading (Consumer Affairs) Act 1973.
Regulation 8B specifies the form and content of the warning which must
be carried on a basketball ring or backboard and their packaging. Subregulation
8B(1) requires the supply of a basketball ring or backboard to be accompanied by
a warning and a warning symbol. Subregulation 8B(2) details the form of the
warning. Subregulation 8B(3) provides the graphic warning symbol required and
the details the form of the warning symbol. Subregulation 8B(4) details how the
warning must be marked on the package and Subregulation 8B(5) details how the
warning must be marked on the ring or backboard if a ring or backboard is not
supplied in a package.
Regulation 8C specifies the form, content and
placement of the permanent warning to be marked on the backboard.
This clause inserts a new division into the Fair Trading (Consumer
Product Standards) Regulation 2002. The new division prescribes a consumer
product safety standard for monkey bikes.
Regulation 47B prescribes
minimum safety standards in relation to a monkey bikes’ throttle control,
braking system, foot pegs, steering system and supplemental engine stop.
Clause 6 Part 2
This clause provides for the renumbering
of divisions and sections when the Regulation is next republished.