Fair Trading Act 1987 Fair Trading (Product Safety Standards) Amendment (Laser Pointers) Regulation 1999 (1999-98) [GG No 25 of 26.2.1999, p 985] (NSW)

1999 No 98

New South Wales

Fair Trading (Product Safety Standards) Amendment (Laser Pointers) Regulation 1999

under the

Fair Trading Act 1987

His Excellency the Covernor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Act 1987.

JW Shaw, QC MLC
Minister for Fair Trading

The object of this Regulation is to restrict the supply of hand-held battery-operated laser pointers that emit levels of electromagnetic radiation that are capable of causing eye injuries.

This Regulation refers to AS/NZS 2211.1:1997– Laser safety, Part l : Equipment classification, requirements and user’s guide, as in force on 5 March 1997, published jointly by Standards Australia and Standards New Zealand.

This Regulation is made under the Fair Trading Act 1987, including sections
26 (Safety standards) and 92 (the general regulation-making power).

Published in Gazette No 25 of 26 February 1999, page 985 Page 1

1999 No 98

Clause 1	Fair Trading (Product Safety Standards) Amendment (Laser Pointers) Regulation 1999
Fair Trading (Product Safety Standards) Amendment (Laser Pointers) Regulation 1999
1 Name of Regulation

This Regulation is the Fair Trading (Product Safety Standards)

Amendment (Laser Pointers) Regulation 1999.

2 Commencement

This Regulation commences on l March 1999.

3 Amendment of Fair Trading (Product Safety Standards) Regulation 1995

The Fair Trading (Product Safety Standards) Regulation 1995 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Fair Trading (Product Safety Standards) Amendment (Laser Pointers) Regulation 1999

Amendment	Schedule 1
Amendment

(Clause 3)

Schedule 19

Insert after Schedule 18:

In this Schedule:

AS/NZS 2211 means the Australian and New Zealand Standard entitled “Laser safety—Part l : Equipment classification, requirements and user’s guide”, and numbered AS/NZS 22 1 1.1: 1997, as in force on 5 March 1997.

Class I laser product has the same meaning as it has in clause 3.15 of AS/NZS 221 l .

Class 2 laser product has the same meaning as it has in clause 3.16 of AS/NZS 22 l 1.

laser means any device that can be made to produce or amplify electromagnetic radiation in the wavelength range from 100 nanometres to l millimetre primarily by the process of controlled stimulation emission.

laser pointer means a hand-held laser product that is battery-operated and produces a beam of electromagnetic radiation, but does not include any such product that is a therapeutic good (as defined in the Therapeutic Goods Act 1989 of the Commonwealth) listed or registered in the Australian Register of Therapeutic Goods maintained under that Act.

laser product means any product or assembly of components that constitutes, incorporates or is intended to incorporate a laser or laser system, and that is not intended for sale to another manufacturer for use as a component (or replacement for a component) of an electronic product.

Fair Trading (Product Safety Standards) Amendment (Laser Pointers) Regulation 1999

Schedule 1 Amendment

laser system means a laser in combination with an appropriate laser energy source with or without additional incorporated components.

2 Safety standard

The product safety standard prescribed for laser pointers is that they must comply with the requirements of clause

3 of this Schedule.

3 Laser pointers to be Class 1 or Class 2 laser product

(1)

A laser pointer must be a Class 1 laser product or a Class
2 laser product.

(2)

A person who, in trade or commerce, supplies a laser pointer must hold a test report issued by a laboratory indicating:

(a)	that the laser pointer has been tested, or is part of a batch from which samples have been tested, by the laboratory, and
(b)	the method used to carry out the test and the results of the test, and
(c)	that the results of the test show that each laser pointer tested is a Class 1 laser product or Class 2 laser product.

4 Production of reports

A person who, in trade or commerce, supplies laser pointers must, on request, make available for inspection by an investigator any report required under clause 3 of this Schedule.

Maximum penalty: 10 penalty units.