Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010 (NSW)
2010 No 274
New South Wales
Fair Trading Amendment (Aquatic
Toys and Flotation Aids) Regulation
2010
under the
Fair Trading Act 1987
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Act 1987.
VIRGINIA JUDGE, MP Minister for Fair Trading
Explanatory note
The object of this Regulation is to replace the product safety standard currently prescribed for children’s flotation toys and swimming aids under the Fair Trading Act 1987 with separate product safety standards for:
| (a) | children’s flotation toys and aquatic toys, and |
| (b) | children’s swimming and flotation aids. |
This Regulation is made under the Fair Trading Act 1987, including sections 26 and 92 (the general regulation-making power).
| Published LW 25 June 2010 | Page 1 |
| 2010 No 274 | |
| Clause 1 | Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010 |
Fair Trading Amendment (Aquatic Toys and Flotation
Aids) Regulation 2010
under the
Fair Trading Act 1987
1 Name of Regulation
This Regulation is the Fair Trading Amendment (Aquatic Toys and
Flotation Aids) Regulation 2010.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
2010 No 274
Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010
| Amendment of Fair Trading Regulation 2007 | Schedule 1 |
| Schedule 1 | Amendment of Fair Trading Regulation 2007 |
Part 2, Divisions 9 and 9A
Omit Division 9. Insert instead:
Division 9 Flotation toys and aquatic toys 32 Definitions
Safety of toys, Part 1: Safety aspects related to mechanical and physical properties as published jointly by Standards Australia and Standards New Zealand and as in force on 16 May 2002. children’s flotation toys and aquatic toys means flotation toys and aquatic toys (whether or not worn or otherwise attached to the body) that:
In this Division: Standard entitled AS/NZS ISO 8124.1:2002,
(a)
are designed or clearly intended for use in play by children under 14 years of age, and
(b)
are intended to bear the mass of a child in water, whether inflatable or not,
including but not limited to the following:
(c) inflatable novelty shapes, (d)
inflatable toy boats, which by virtue of their size and design are intended for use in shallow water,
(e) unattached complete or partial rings, but not including the following:
(f) beach balls, (g) surfboards, (h) body or boogie boards, (i) inflatable air beds,
(j)
inflatable boats, which by virtue of their size and design are intended for use in deep water,
(k) kickboards.
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Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010
| Schedule 1 | Amendment of Fair Trading Regulation 2007 |
33 Safety standard
The product safety standard prescribed for children’s flotation toys and aquatic toys is that they must comply with the following provisions of AS/NZS ISO 8124.1:2002:
(a) clauses 3.2, 4.19, C.2.6 and E.33, (b) the variations to clauses 4.19, C.2.6 and E.33 contained in Appendix ZZ. 34 Variation of AS/NZS ISO 8124.1:2002
For the purposes of this Division, AS/NZS ISO 8124.1:2002 is taken to have been amended as follows:
(a)
by omitting all of the words from clause 3.2 and by inserting instead:
aquatic toy
article, which is:
(a)
designed or clearly intended for use in play by children under 14 years of age; and
(b)
intended to bear the mass of a child in water, whether inflatable or not;
whether or not worn or otherwise attached to the
body.
(b)
by inserting “indelible” after “following” and before “warning” in Appendix ZZ, for the variation to Clause C.2.6,
(c)
by inserting “of the first paragraph” after “last sentence” in Appendix ZZ, for the variation to Clause E.33.
Division 9A Swimming and flotation aids 34A Definitions In this Division:
AS 1900—2002 means the Australian Standard entitled
AS 1900—2002, Flotation aids for water familiarization and
swimming tuition published by Standards Australia on
21 January 2002.
children’s swimming aids and flotation aids means swimmingaids and flotation aids that:
(a) are designed for children under 14 years of age, and
2010 No 274
Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010
| Amendment of Fair Trading Regulation 2007 | Schedule 1 |
(b)
are worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition,
including but not limited to the following:
(c) arm bands, (d) attached rings, (e) swimming aid vests, but not including the following:
(f) inflatable novelty shapes, (g) unattached complete or partial rings, (h) kickboards, (i) articles designed for therapeutic use by disabled persons,
(j)
articles, including life jackets or other personal flotation devices, which are within the scope of AS 4758, Personal flotation devices.
34B Safety standard The product safety standard prescribed for children’s swimming aids and flotation aids is that they must comply with AS 1900— 2002.
34C Variation of AS 1900—2002 For the purposes of this Division, AS 1900—2002 is taken to have been amended as follows:
(a) by omitting all of the words from clause 1.1 and by inserting instead: SCOPE This Standard specifies requirements for flotation aids designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition.
(b)
by omitting all of the words from clause 1.4.1 and by inserting instead:
Flotation aid
An article which is designed for children under
14 years of age worn on or attached to the body or
in which the user sits for the purpose of either
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Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010
| Schedule 1 | Amendment of Fair Trading Regulation 2007 |
enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition.
(c) by omitting clause 1.4.4, (d) by omitting clause 2.1.1, (e) by omitting “Failure or deflation of any chamber shall not affect the security of fit of the aid, as required by Clause 2.1.1.” from clause 2.7.
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