Fair Trading Amendment Regulation (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 306 Fair Trading Act 1989 FAIR TRADING AMENDMENT REGULATION (No. 1) 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of ss 1-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Interpretation of Commonwealth standards . . . . . . . . . . . . . . . . . . . . 3 4 Omission of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Renumbering of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new ss 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Cosmetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Certain Commonwealth consumer product information standards are information standards . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new ss 11 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Certain Commonwealth consumer product safety standards are safety standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Projectile toys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Replacement of schedule (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 1 TRADE PRACTICES ACT 1974 (CWLTH) CONSUMER PRODUCT INFORMATION STANDARDS THAT ARE INFORMATION STANDARDS

2 Fair Trading Amendment (No. 1) SCHEDULE 2 SAFETY STANDARDS No. 306, 1998

s1 3 s6 Fair Trading Amendment (No. 1) No. 306, 1998 ˙ Short title 1. This regulation may be cited as the Fair Trading Amendment Regulation (No. 1) 1998 . ˙ Regulation amended 2. This regulation amends the Fair Trading Regulation 1989 . ˙ Replacement of ss 1-5 3. Sections 1 to 5— omit, insert— ˙ ‘ Short title ‘ 1. This regulation may be cited as the Fair Trading Regulation 1989. ˙ ‘ Interpretation of Commonwealth standards ‘ 2. A standard made under the Trade Practices Act 1974 (Cwlth) that is prescribed under this regulation as an information standard or a safety standard must be interpreted under the law of the Commonwealth, unless this regulation otherwise expressly provides. ˙ Omission of provisions 4. Sections 7, 11 to 13 and 16— omit. ˙ Renumbering of provisions 5. Sections 6, 8 to 10, 14, 15 and 17— renumber as sections 3, 4 to 6, 9, 10 and 13 respectively. ˙ Insertion of new ss 7 and 8 6. Part 2, after section 6 as renumbered—

s6 4 s6 Fair Trading Amendment (No. 1) No. 306, 1998 insert— ˙ ‘ Cosmetics ‘ 7.(1) For the Act, section 81, 1 the Trade Practices (Consumer ProductInformationStandards)(Cosmetics)Regulations ( Cwlth ) , other than regulation 8, 2 as published as Statutory Rules 1991, No. 327 is an information standard for the cosmetics to which that regulation applies. ‘ (2) In the information standard, a reference— (a) to the Minister is taken to be a reference to the Minister administering the Fair Trading Act 1989 ; and (b) to the Gazette is taken to be a reference to the Queensland Government gazette. ˙ ‘ Certain Commonwealth consumer product information standards are information standards ‘ 8.(1) For the Act, section 81, a TPAIS mentioned in schedule 1 is an information standard for the goods to which the TPAIS applies. ‘ (2) However, the TPAIS is only an information standard to the extent the TPAIS was in force on the day the notice mentioned in schedule 1 that declared the TPAIS was published. ‘ (3) Also, a reference in the TPAIS to a particular Australian Standard is a reference to the Australian Standard as in force on the day the TPAIS was published, or if there is an express reference to the Australian Standard as published on a particular day or with a particular amendment, as in force on that day or with that amendment. ‘ (4) In this section— “TPAIS” means a consumer product information standard made under the Trade Practices Act 1974 (Cwlth).’. 1 Section 81 (Information standards) 2 Regulation 8 (Review of decisions)

s7 5 s7 Fair Trading Amendment (No. 1) No. 306, 1998 ˙ Insertion of new ss 11 and 12 7. Part 3, after section 10 as renumbered— insert— ˙ ‘ Certain Commonwealth consumer product safety standards are safety standards ‘ 11.(1) For the Act, section 83, 3 a TPASS mentioned in schedule 2 is a safety standard for the goods to which the TPASS applies. ‘ (2) However, the TPASS is only a safety standard to the extent the TPASS was in force on the day the notice mentioned in schedule 2 that declared the TPASS was published. ‘ (3) Also, a reference in the TPASS to a particular Australian Standard is a reference to the Australian Standard as in force on the day the TPASS was published, or if there is an express reference to the Australian Standard as published on a particular day or with a particular amendment, as in force on that day or with that amendment. ‘ (4) In this section— “TPASS” means a consumer product safety standard made under the Trade Practices Act 1974 (Cwlth). ˙ ‘ Projectile toys ‘ 12.(1) AS 1647, part 2, clause 7.15 is prescribed as a safety standard for a projectile toy. 4 ‘ (2) However, clause 7.15.1, second paragraph (i) and clause 7.15.4(a) are not part of the safety standard. 5 ‘ (3) In this section— “AS 1647, part 2” means Australian Standard 1647 (Children’s Toys (Safety Requirements)), part 2 (Constructional Requirements) as in force on 22 September 1992. 3 Section 83 (Safety standards) 4 Clause 7.15 (Projectile toys) 5 The paragraphs are about warning labels for certain toys.

s7 6 s7 Fair Trading Amendment (No. 1) No. 306, 1998 “projectile” means an object designed to be propelled through the air by a discharge mechanism, or by being thrown or released, whether or not the object is restrained by a string, elastic or another attachment. “discharge mechanism” means a mechanism designed to discharge an object through the air. “projectile toy” means a toy that is a projectile or is a discharge mechanism. Examples of projectiles— 1. An arrow, a dart or a model glider or rubber band powered aeroplane. 2. An object restrained at the end of a string and discharged from a popgun. Examples of discharge mechanisms— A bow, dart gun or popgun. “toy” means a thing manufactured as a plaything that— (a) is obviously designed for children under 14; or (b) is labelled, packaged, advertised, marketed or displayed in a way that indicates or suggests it is for children generally or for children under 14. Examples of what are, and what are not, toys— 1. A bow and arrow manufactured as playthings are toys. 2. Darts manufactured as a childrens’ game of darts are toys. 3. Darts manufactured as typical darts for use with a standard dart board are not toys (because they are not manufactured as playthings). 4. A projectile discharge mechanism, manufactured as a plaything, for which it is not obvious that it is designed for children under 14— (a) is a toy if its packet shows young children on it; or (b) is a toy if its supplier simply allows it to be displayed in a toy store (because it is displayed in a way that suggests the object is for children generally); or (c) is not a toy if it is labelled prominently with any of the following or similar words, and the supplier does not allow it to be packaged, advertised, marketed or displayed to the contrary— • not for children under 14 • unsuitable for children under 14

s8 7 Fair Trading Amendment (No. 1) • only for children 14+ • ages 14+ • ages 14 and upwards • ages 14–adult. ’. s8 No. 306, 1998 ˙ Replacement of schedule (Forms) 8. Schedule— omit, insert— ‘ SCHEDULE 1 ‘ TRADE PRACTICES ACT 1974 (CWLTH) CONSUMER PRODUCT INFORMATION STANDARDS THAT ARE INFORMATION STANDARDS section 8 1. Care labelling (of clothing household textiles, furnishings etc.) published as Consumer Protection Notice No. 3 of 1998 (Cwlth) in Commonwealth of Australia Gazette GN 28 on 15 July 1998 at pages 2500-2504.

s8 8 s8 Fair Trading Amendment (No. 1) No. 306, 1998 ‘ SCHEDULE 2 ‘ SAFETY STANDARDS section 11 PART 1—TRADE PRACTICES ACT 1974 (CWLTH) CONSUMER PRODUCT SAFETY STANDARDS Subject matter of standard C o n s u m e r Commonwealth of Australia Protection Notice Gazette number and other (Cwlth) declaring details of publication of the the standard notice 1. C h i l d r e n ’ s No. 1 of 1993 nightclothes 2. C h i l d r e n ’ s flotation toys and swimming aids No. 4 of 1992 3. Children’s toys No. 10 of 1997 4. Child restraint systems for use in motor vehicles No. 2 of 1996 5. Sunglasses a n d f as h io n spectacles No. 15 of 1993 as amended by no. 2 of 1997 6. Exercise cycles No. 9 of 1997 GN 2 of 20 January 1993 at pages 195–6 GN 10 of 11 March 1992 at page 708 GN 15 of 16 April 1997 at pages 935–8 S 500 of 18 December 1996 at pages 1–2. GN 31 of 11 August 1993 at page 2261–2 and GN 8 of 26 February 1997 at page 511 GN 13 of 2 April 1997 at page 788

s8 9 s8 Fair Trading Amendment (No. 1) No. 306, 1998 7. Paper patterns for children’s nightclothes No. 2 of 1993 GN 2 of 20 January 1993 at page 193 8. Pedal bicycles No. 4 of 1994 GN 50 of 21 December 1994 at pages 3396–7 9. Portable fire No. 4 of 1998 extinguishers GN 30 of 29 July 1998 at pages 2608–14 10. Portable ramps No. 6 of 1997 for vehicles GN 11 of 19 March 1997 at page 666 11. P r o t e c t i v e helmets for motor cyclists No. 9 of 1990 GN 50 of 19 December 1990 at page 3298 12. P r o t e c t i v e Not published as a GN 30 of 9 August 1989 at helmets for consumer protection page 1932–4 and GN 8 of pedal cyclists notice but published 26 February 1992 at page 524 as a notice under the Trade Practices Act 1974 (Cwlth), section 65E(1), as amended by consumer protection notice no. 1 of 1992 13. Trolley Jacks No. 4 of 1997 GN 11 of 19 March 1997 at page 663 14. Vehicle jacks No. 5 of 1997 GN 11 of 19 March 1997 at pages 664–5 15. Vehicle support No. 7 of 1997 stands GN 11 of 19 March 1997 at page 667

s 8 10 s 8 Fair Trading Amendment (No. 1) No. 306, 1998 ‘ PART 2—COMMONWEALTH REGULATIONS 1. Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations (Cwlth) as published as Statutory Rules 1997, No. 21 and amended by the TradePractices(ConsumerProductSafetyStandard)(DisposableCigaretteLighters)Regulations(Amendment) published as Statutory Rules 1997, No. 245.’. ENDNOTES 1. Made by the Governor in Council on 19 November 1998. 2. Notified in the gazette on 20 November 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Fair Trading. © State of Queensland 1998