Fair Trading (Consumer Product Standards) Amendment Regulation 2008 (No 1) (ACT)

Fair Trading (Consumer Product Standards) Amendment Regulation 2008 (No 1)

Subordinate Law SL2008-12

The Australian Capital Territory Executive makes the following regulation under the Fair Trading (Consumer Affairs) Act 1973.

Dated 27 March 2008.

Simon Corbell

Minister

Katy Gallagher

Minister

Fair Trading (Consumer Product Standards) Amendment Regulation 2008 (No 1)

Subordinate Law SL2008-12

made under the

Fair Trading (Consumer Affairs) Act 1973

1. Name of regulation

   This regulation is the Fair Trading (Consumer Product Standards) Amendment Regulation 2008 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Fair Trading (Consumer Product Standards) Regulation 2002.

4. New division 2.3A

   insert

Division 2.3A            Basketball rings and backboards

8ADefinitions—div 2.3A

In this division:

basketball backboard means a raised vertical board with a basketball ring attached, used to play or practise basketball.

basketball ring means a raised circular band of metal or other material (with or without a basket attached) used to play or practise basketball or netball.

8BSafety standard—warning and symbol for supplied basketball rings and backboards

(1)The consumer product safety standard for basketball rings and basketball backboards is that, when supplied, they must have—

(a)a warning; and

(b)a warning symbol.

(2)The warning mentioned in subsection (1) (a) must comply with the following requirements:

(a)it must contain the following warning:

‘WARNING:  IMPROPER INSTALLATION OR SWINGING ON THE RING MAY CAUSE SERIOUS INJURY OR DEATH’;

(b)it must be clearly legible, in upper case, in red letters on a white background;

(c)the word ‘WARNING’ must be in characters not less than 15mm in height;

(d)the words other than the word ‘WARNING’ must be in characters not less than 10mm in height.

(3)The warning symbol mentioned in subsection (1) (b) must comply with the following requirements:

(a)it must be in the form of the following graphic:

(b)the circle that forms part of the graphic must have a diameter of not less than 120mm from outer edge to outer edge;

(c)the circle and the diagonal line that form part of the graphic must be in red, and drawn with a line not less than 5mm in width;

(d)the basketball player figure that forms part of the graphic must be entirely black;

(e)the ring and backboard that form part of the graphic must be outlined in black.

(4)If a basketball ring or basketball backboard is supplied in a package, the warning and warning symbol mentioned in subsection (1) must accompany the ring or backboard by being marked—

(a)in a conspicuous position on the package; or

(b)on a label fixed in a conspicuous position on the package.

(5)If a basketball ring or basketball backboard is not supplied in a package, the warning and warning symbol mentioned in subsection (1) must accompany the ring or backboard by being marked—

(a)in a conspicuous position on the ring or backboard; or

(b)on a label fixed in a conspicuous position on the ring or backboard; or

(c)on a tag attached in a conspicuous position on the ring or backboard.

8CSafety standard—permanent warning on basketball backboard

(1)The consumer product safety standard for basketball backboards is that they must also have a warning permanently marked on them.

(2)The warning must—

(a)contain the following warning:

‘WARNING:  SWINGING ON THE RING MAY CAUSE SERIOUS INJURY OR DEATH’; and

(b)must be clearly legible, in characters not less than 10mm in height; and

(c)must be marked on the backboard in a conspicuous position—

(i)in permanent writing; or

(ii)on a label that is permanently fixed to the backboard.

1. New division 2.13A

   insert

Division 2.13A          Monkey bikes

47ADefinitions—div 2.13A

In this division:

applicable vehicle standards means the standards under the Road Transport (Vehicle Registration) Regulation 2000 with which a vehicle must comply to be eligible to be registered without conditions.

monkey bike means a scaled down cruising or sports motorcycle that—

(a)is commonly known as a monkey bike, mini-bike or pocket bike; and

(b)is powered by an internal combustion engine; and

(c)does not comply with the applicable vehicle standards that would apply to the motorcycle if it were to be driven on a road or road related area (within the meaning of the Road Transport (Vehicle Registration) Act 1999).

47BSafety standard—monkey bikes

The consumer product safety standard for a monkey bike is that—

(a)the monkey bike must have a self-closing, hand-operated throttle that—

(i)returns in a clockwise direction to allow the bike’s motor to idle when a person riding the bike releases the person’s grip on the throttle; and

(ii)is mounted on the right handlebar of the bike; and

(b)the monkey bike must have a braking system that—

(i)is capable of acting on the front and rear wheels of the bike; and

(ii)automatically distributes the braking effort applied by a person riding the bike to the braking system’s control lever equally onto each brake lining without the need for an adjuster at the brake calliper; and

(iii)unless the bike is fitted with a drum-type braking system—incorporates a floating or sliding type brake calliper that compensates for any increased movement of its components arising from wear; and

(c)the monkey bike must have 2 foot pegs, each capable of holding a static load of—

(i)the maximum carrying capacity recommended by the manufacturer of the bike; or

(ii)if a maximum carrying capacity is not recommended by the manufacturer—70kg; and

(d)the steering head system for the monkey bike—

(i)must not exhibit free play; or

(ii)must move freely under its own weight from right lock to left lock when the front wheel of the bike is raised off the ground; and

(e)the monkey bike must have a functioning, thumb-operated device on the right or left handlebar that is—

(i)capable of stopping the motor; and

(ii)clearly visible to a person riding the bike.

1. Part 2

   renumber divisions and sections when regulation next republished under Legislation Act

Endnotes

1. Notification

   Notified under the Legislation Act on 2 April 2008.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2008