Fair Trading Act 1987 Fair Trading (Product Information Standards) Amendment Regulation 1999 (1999-342) [GG No 79 of 9.7.1999, p 4839] (NSW)
1999 No 342
New South Wales
Fair Trading (Product Information
Standards) Amendment Regulation
1999
under the
Fair Trading Act 1987
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Act 1987.
JOHN WATKINS, M.P.,
Minister for Fair Trading
Explanatory note
Currently, Schedule 2 to the Fair Trading (Product Information Standards) Regulation 1997 prescribes Australian Standard 1957–1987 (Care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns) as the standard for the labelling of certain goods. Australian Standard 1957–1987 was replaced by Australian/New Zealand Standard 1957:1998 (Textiles—Care labelling), published jointly by Standards Australia and Standards New Zealand. The object of this Regulation is to prescribe the new standard as a product information standard with specified variations.
This Regulation is made under the Fair Trading Act 1987, including sections
38 and 92 (the general regulation-making power).
Published in Gazette No 79 of 9 July 1999, page 4839 Page 1 [8]
1999 No 342
| Clause 1 | Fair Trading (Product Information Standards) Amendment Regulation 1999 |
Fair Trading (Product Information Standards)
Amendment Regulation 1999
1 Name of Regulation
This Regulation is the Fair Trading (Product Information
Standards) Amendment Regulation 1999.2 Amendment of Fair Trading (Product Information Standards) Regulation 1997
The Fair Trading (Product Information Standards) Regulation
1997 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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Fair Trading (Product Information Standards) Amendment Regulation 1999
Amendment Schedule 1 Schedule 1 Amendment
(Clause 2)
Schedule 2
Omit the Schedule. Insert instead:
Schedule 2 Care labelling of certain goods
(Clause 5)
1 Definitions
In this Schedule:
AS 1957–1987 means the document entitled Care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns, numbered AS 1957–1987, and published by Standards Australia, as in force on 2 November 1987, as varied by clause 2.
AS/NZS 1957–1998 means the document entitled Textiles—Care labelling, numbered AS/NZS 1957:1998, and published jointly by Standards Australia and Standards New Zealand, as in force on 5 January 1998, as varied by clause 2.
2 Variation of product information standards
(1)
For the purposes of this Schedule, AS 1957–1987 is taken to have been amended by inserting ‘‘mattresses, bed bases,’’ after ‘‘bedding,’’ in clause 1.
(2) For the purposes of this Schedule, AS/NZS 1957–1998 is
taken to have been amended as follows:
(a)
by omitting clauses 1.1, 1.2, 1.3, 1.4, 2.1.3 and 2.2 (b),
(b) by omitting clause 2.2 (c) and by inserting instead:
(c)
The wording of the label shall be in English and be clearly legible.
(c) by omitting note 1 to clause 2.2,
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(d) by inserting ‘‘This includes individual pieces of household textile products sold as sets (eg napkin and tablecloth sets).’’ at the end of note 5 to clause 2.2, (e) by inserting after clause 2.3:
2.4 Where in this standard there is arequirement for care instructions from categories in Tables 1, 2 or 3 to be provided on or with articles, words that have a similar meaning to the care instructions listed in Tables 1, 2 or 3 may be used.
(f) by omitting ‘‘each of’’ from clause 3.4, (g) by omitting ‘‘each of’’ from clause 3.5, (h) by omitting ‘‘each category’’ from clause 3.6 and inserting ‘‘the categories’’ instead, (i) by omitting ‘‘For upholstered furniture, bedding and other furnishings in Table 2, instructions shall be given from each category and a prohibitive instruction given if a cleaning method is unsuitable.’’ from clause 3.6.
3 Application of Schedule
(1)
This Schedule applies to any of the following goods that are made from textiles, plastics, plastic coated fabrics, suede, skins, hides, grain leathers or furs, and that are not excluded goods:
(a) clothing, (b) household textiles, (c) apparel, (d) furnishings or upholstered furniture, (e) bedding, mattresses or bed bases, (f) piece goods or yarns. (2) In this clause:
excluded goods means:
(a) second-hand goods,
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(b) thefollowingkindsofclothing(namely, unsupported coats (including overcoats, jackets and the like) of PVC film, handkerchiefs, braces, garter suspenders, arm bands, belts and headwear), (c) all footwear (other than all types of hosiery and textile materials used in the manufacture of footwear), (d) the following kinds of drapery (namely, floor cloths, dish cloths, dusters, cleaning cloths and pressing cloths), (e) the following kinds of haberdashery (namely, ornaments, artificial flowers, sewing and embroidery threads and all other small items of haberdashery used in the making of clothing and textile products where instructions are not needed to ensure that the clothing or textile product is not damaged during cleaning and maintenance), (f) the following kinds of furnishings (namely, oil baize, window blinds, shade blinds, sun blinds, awnings, floor coverings, light fittings, lampshades, tapestries, wall hangings, ornaments, handicraft items, draught excluders, non-upholstered furniture and cushions and cushion covers manufactured from remnants and labelled by the manufacturer with the following disclaimer ‘‘cushion cover manufactured from remnants, care treatment unknown’’), (g) all jute products, (h) all medical and surgical goods (namely, bandages, dressings, sanitary pads and materials forming part of manufactured medical and surgical goods), (i) the following kinds of canvas goods (namely, beach and garden umbrella coverings),
(j)
the following kinds of miscellaneous goods (namely, cords, twines, lashings, garden hose, toys, umbrellas and parasols, shoelaces, woven labels, flex coverings, goods manufactured for sporting purposes (including sporting gloves but excluding all other apparel), articles intended for
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one-time use only, mops, basket hangers, shoe holders, remnants, industrial gloves, polypropylene webbing furniture and all bags and cases (including handbags, purses, wallets, travel bags, school bags, sports bags, briefcases and wash bags)).
4 Product information standard
(1)
The product information standard for goods to which this Schedule applies is that the goods must comply with AS/ NZS 1957–1998.
(2)
For the purposes of this Schedule, compliance with a provision of AS/NZS 1957–1998 is optional, not mandatory, if it is a provision:
(a) that is expressed as a recommendation, or (b)
inrelationtowhichtheword‘‘should’’or ‘‘preferably’’ is used to indicate that the provision
is of an advisory nature only.
5 Transitional provisions—compliance with standard
(1)
For the purposes of this Regulation, compliance with AS 1957–1987 is taken to be compliance with AS/NZS 1957–1998, until 1 January 2000.
(2)
For the purposes of this Schedule, compliance with a provision of AS 1957–1987 is optional, not mandatory, if it is a provision:
(a) that is expressed as a recommendation, or (b)
inrelationtowhichtheword‘‘should’’or ‘‘preferably’’ is used to indicate that the provision
is of an advisory nature only.
6 Form of information for prescribed goods
(1) The care instructions for goods to which this Schedule
applies that are prescribed goods may be given:
(a)
on a removable ticket or label attached to the goods, or
(b) on a pamphlet accompanying the goods, or (c)
as printed instructions on the wrapper or other matter in which the goods are packaged.
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(2) In this clause:
prescribed goods means:
(a)
the following kinds of adult’s, children’s and baby clothing (namely, collars, neckwear, bow ties, gloves, mittens, all types of hosiery, incontinence garments, reversible garments, fur garments, bibs, washable nappies, squares of flannelette, terry towelling or muslin and baby pilchers),
(b)
the following kinds of drapery (namely, face washers, serviettes, doilies, table cloths, tray cloths, centres, runners, duchess sets, mosquito netting and covers made from mosquito netting, butter muslin and gauze, tea towels, place mats, pot holders, finger tips, appliance covers for teapots, toasters and the like and hot water bottle covers),
(c)
the following kinds of haberdashery (namely, elastic, elastic threads, ribbons, zips, iron-on binding patches or trim, velcro-type fasteners, curtain making kits and other small items of haberdashery used in the making of clothing and textile products where instructions are needed to ensure that the clothing or textile product is not damaged during cleaning and maintenance),
(d) all shower curtains, (e) all gardening gloves. (3) Until 1 January 2000, prescribed goods, as defined in
subclause (2), includes trim and shawls.
7 Care instructions for goods unable to be washed or
drycleaned
Where goods are unable to be washed or drycleaned, the permanent label must include appropriate instructions in words that:
(a)
warn that the goods are unable to be washed or drycleaned, and
(b)
adequately describe the care treatment for the goods.
BY AUTHORITY
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