Customs (Prohibited Imports) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE CUSTOMS ACT 1901-1975.*
I,
THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive
Council, hereby make the following Regulations under the
Dated this twenty-fifth day of August, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. L. CAVANAGH
Minister of State for Police and Customs.
Amendments of the Customs (Prohibited Imports) Regulations
(a) by inserting in sub-regulation (1) before the definition of “ British Standard ” the following definition:—
“ Australian Standard ” means a standard approved for publication on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter;”; and
(b) by adding at the end thereof the following sub-regulation:—
“ (4) For the purposes of these Regulations—
(a) a reference to an Australian Standard, or a Part of an Australian Standard, published on a date specified in these Regulations shall be read as a reference to the Australian Standard, or the Part of an Australian Standard, as the case requires, approved for publication on that date; and
(b) where an Australian Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the Australian Standard.”.
* Notified in the
Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No. 26; 1964. Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58, 114 and 178; 1968, Nos. 100, 141 and 161; 1969, Nos. 2, 7, 10, 39, 43 and 218; 1970, Nos. 8, 72, 105 and 194; 1972, No. 97; 1973, Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974, Nos. 123 and 249; and 1975, Nos. 58, 62 and 121.
“ 4f. (1) The importation into Australia of an article of children’s nightwear is prohibited unless the article is marked in accordance with this regulation.
“ (2) An article of children’s nightwear that consists (apart from any prescribed trimming) wholly of a fabric that is, or fabrics each of which is, before boiling, washing with soap or cleaning with any substance or by any method ordinarily used for or in relation to the cleaning of fabrics, a fabric of low flammability within the meaning of paragraph 3 of Australian Standard 1248 published on 31 July 1972 shall—
(a) be marked in the prescribed manner with the words ‘LOW FIRE HAZARD GARMENT’; and
(b) where the fabric, or any of the fabrics, has been treated by chemical or other means to reduce flammability—be marked in the prescribed manner—
(i) if the flammability of the fabric, or any of the fabrics, would, after boiling, be increased—with the words ‘DO NOT BOIL’;
(ii) if the flammability of the fabric, or any of the fabrics, would, after washing with soap, be increased—with the words ‘DO NOT USE SOAP—WASH IN SYNTHETIC DETERGENT’; and
(iii) if the flammability of the fabric, or any of the fabrics, would, after cleaning (otherwise than by boiling or washing with soap) with any substance or by any method ordinarily used for or in relation to the cleaning of fabrics, be increased— with words warning against the cleaning of the article with that substance or by that method, as the case may be.
“ (3) An article of children’s nightwear (not being an article of children’s nightwear referred to in sub-regulation (2)) the whole of which, including any trimming, conforms to rule 6 of Australian Standard 1249 published on 31 July 1972 shall be marked in the prescribed manner with the words ‘DESIGNED TO REDUCE FIRE HAZARD—KEEP AWAY FROM FIRE’.
“ (4) An article of children’s nightwear, not being an article of children’s nightwear referred to in sub-regulation (2) or (3), shall be marked in the prescribed manner with the words ‘WARNING—FLAMMABLE GARMENT—KEEP AWAY FROM FIRE’.
“ (5) An article of children’s nightwear that consists, wholly or in part, of a fabric that, whether before or after boiling, washing with soap or cleaning with any substance or by any method ordinarily used for or in relation to the cleaning of fabrics, is a fabric that, when subjected to a method of test described in Part 1 or 2 of Australian Standard 1176 published on 29 October 1971, shows a tendency to melt or to allow drops of molten material to fall, shall be marked in the prescribed manner with the words ‘WARNING—DO NOT WEAR UNDER ANY FLAMMABLE GARMENT’ in addition to the words with which the article is required to be marked under whichever of sub-regulation (2), (3) or (4) applies to the article.
“ (6) For the purposes of this regulation, an article of children’s nightwear is marked in the prescribed manner if the words with which the article is required to be marked are—
(a) marked in indelible permanent ink upon the article;
(b) stitched into the fabric of the article by means of thread of a colour contrasting with the colour of the article; or
(c) marked or stitched in the manner prescribed by paragraph (a) or (b) upon or into a label or durable substance affixed to the article in a reasonably permanent manner.
“ (7) The words with which an article is required to be marked under a provision of this regulation shall be marked in close proximity to any other words with which the article is required to be marked under any other provision of this regulation.
“ (8) Words that are required by this regulation to be marked on an article of children’s nightwear—
(a) shall be marked in a conspicuous position on the article; and
(b) shall not be combined with or accompanied by any other matter (including any illustration) where that other matter would tend to contradict or obscure the meaning of the words.
“ (9) The letters used in words with which an article of children’s nightwear is required by this regulation to be marked shall be in legible capitals not less than 2.5 millimetres in height.
“ (10) In this regulation—
‘children’s nightwear’ includes pyjamas, overgarments of pyjama style, nightdresses and dressing gowns of the sizes 0 to 14, inclusive, referred to in the ‘SIZE CODING CHART’ specified in Australian Standard 1182 published on 14 July 1972, but does not include headwear, footwear or hand wear;
‘trimming’ includes a belt, cord, sash or other attachment;
‘prescribed trimming’ means a trimming that complies with the requirements of rule 6.4 of Australian Standard 1249 published on 31 July 1972.
“ (11) In this regulation, a reference to an article of children’s nightwear shall, in the case of an article of children’s nightwear having more than one piece, be read as reference to each piece of the article.
“ (12) For the purposes of sub-regulation (11), a trimming shall be deemed to be part of the piece of an article of children’s nightwear to which it relates or is attached.”.
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