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FAIR TRADING (CONSUMER PRODUCT STANDARDS) REGULATIONS 2002 (NO 39 OF 2002)
2002
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
FAIR TRADING (CONSUMER PRODUCT
STANDARDS) REGULATION 2002
Subordinate Law No SL
2002-39
EXPLANATORY
MEMORANDUM
Circulated by authority of the
Attorney General
Jon
Stanhope MLA
FAIR TRADING (CONSUMER PRODUCT STANDARDS) REGULATION
2002
EXPLANATORY MEMORANDUM
Section 25 of the Fair Trading (Consumer Affairs) Act 1973 (the
Act) provides that regulations may prescribe a consumer product safety standard
to be used for a specified kind of goods.
Accordingly, the purpose of the
Fair Trading (Consumer Product Safety Standards) Regulation 2002 (the
regulations) is to prescribe consumer product safety standards for a number of
products. These standards are based on the Australian best practice standards
produced by the standard setting organisation Standards Australia and on the
Commonwealth standards prescribed under the Trade Practices Regulations.
The regulations prescribe standards in relation to the design,
performance, testing, labelling and other specifications, as required, for
consumer products sold within the Australian Capital Territory.
These
regulations will bring the ACT into conformity with the States and Commonwealth
and will ensure that dangerous and unsafe products will not be available for
sale in the Territory.
Part 1 – Preliminary
Regulations 1 & 2 –
Name of regulations and commencement
Regulations 1 & 2 are formal
requirements of all regulations, specifying the title of the regulations and
commencement date.
This regulation provides that the dictionary is part of the
regulations
This regulation provides that a note included in the regulations is
explanatory and not part of the regulations.
This regulation provides that goods do not fail to comply with a standard
where a provision of a standard is stated to be recommendatory or the words
“should” or “preferably” are used to indicate the
provision is advisory.
This regulation provides that the standards in this regulation are prescribed
under section 25 of the Act.
This regulation provides for exceptions to the regulations in certain
specified circumstances.
Regulation 8 provides definitions for this Division and Regulation 9
prescribes the standard for balloon-blowing kits.
Regulation 10 provides definitions for this Division and Regulation 10
prescribes the standard for beanbags, beanbag covers and packages containing
beanbag filling.
Division 2.4 – Children’s nightwear and
paper patterns for children’s nightwear.
Regulation 12 provides definitions for this Division and Regulation 13
prescribes the safety standard for children’s nightwear.
This regulation prescribes the standard for paper patterns for
children’s nightwear.
This regulation makes amendments to the standard prescribed under Regulation
13.
Regulation 17 provides definitions for this Division and Regulation 18
prescribes the standard for children’s toys.
This regulation makes amendments to the standard prescribed under Regulation
18.
Regulation 20 provides definitions for this Division and Regulation 21
prescribes the safety standard for children’s household cots. Sub
regulation 21(3) provides that the standard does not apply to an antique or
collectable cot provided it is accompanied by a certificate and has a warning
attached which states that the cot is for display purposes only.
Regulation 22 provides definitions for this Division and Regulation 23
prescribes the standard for child restraints in motor vehicles.
This regulation makes amendments to the standard prescribed under Regulation
23.
Regulation 25 – Supply of components for child restraints
complying with AS 1754-1975.
This regulation provides that where
components are made in accordance with requirements of AS 1754-1975, they must
comply with the relevant provisions of AS 1754-1975.
Regulation 26 provides definitions for this Division and Regulation 27
prescribes the standard for flotation toys and swimming aids.
This regulation makes an amendment to the standard prescribed under
regulation 27.
Regulation 29 provides definitions for this Division, Regulation 30 provides
for the meaning of lighter and types of lighters, and Regulation 31 prescribes
the standard for lighters
This regulation provides that this subdivision does not apply to a novelty
lighter or a lighter that is not a disposable or refillable lighter.
Regulations 33 to 38 provide for procedures concerning the testing of the
products in relation to matters such as:
• ignitions and adjustment of
flame;
• abnormal burning;
• flame height flame extinction;
and,
• structural safety.
This regulation provides for prescribed information to be included on
lighters or adhesive labels attached to lighters.
This regulation provides that this subdivision only applies to a lighter to
which the American standard would apply if the product were imported into the
United States of America after 12 July 1994.
This regulation prescribes the tests that a lighter must pass in order to be
considered child resistant.
This regulation provides that a certificate of compliance, within the meaning
of the American standard, must have been issued for the lighter in accordance
with the standard.
This regulation provides the formula for determining the indexed amount
referred to in Sub regulations 30 (3) & (7).
Regulation 44 provides definitions for this Divisions and Regulation 45
prescribes the standard for laser pointers.
Regulation 46 & 47 – Definitions and safety
standard
Regulation 46 provides definitions for this Division and
Regulation 47 prescribes the standard for pedal bicycles.
This regulation makes amendments to the standard prescribed under Regulation
47.
Regulation 49 provides definitions for this Division and Regulation 50
prescribes the standard for projectile toys.
This regulation excludes certain toys from the operation of the
standard.
Regulation 52 provides definitions for this Division and Regulation 53
prescribes the two alternative standards for protective helmets for pedal
cyclists.
This regulation excludes certain helmets from the operation of the
standard.
This regulation makes amendments to the AS/NZS standard prescribed in
Regulation 53.
This regulation makes amendments to the Snell standard prescribed in
Regulation 53.
Regulation 57 provides definitions for this Division and Regulation 58
prescribes the standard for sunglasses and fashion spectacles.
This regulation makes amendments to the standard prescribed in Regulation
58.
Part 3 - Product information standards for care labelling of
certain goods.
This regulation provides definitions for this Part.
This regulation lists those goods to which this Part applies and provides a
definition of excluded goods.
This regulation prescribes the information standard for goods under this
Part.
This regulation makes amendments to the information standard prescribed under
Regulation 62.
This regulation prescribes the form and manner in which care instructions for
prescribed goods must be provided. Prescribed goods are defined at sub
regulation 64(2).
This regulation prescribes the labelling requirements for goods which are
unable to be washed or dry-cleaned.
The schedule sets out the testing procedures for disposable cigarette
lighters as established under Division 2.9.