Fair Trading Legislation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Fair Trading Legislation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 71 made under the FairTradingAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 7 (Insertion of new schs 5C and 5D). . . . . . . . . 2 ‘Schedule 5C Safety standard for motor vehicle recovery straps 1 Packaging marking . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Accompanying information . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7A Amendment of sch 5C (Safety standard for motor vehicle recovery straps) . . . . . . . . . . . . . . . . . . . . . . . 4 2 Permanently fixed information . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 8 (Amendment of sch 6 (Dictionary)) . . . . . . . . 5

Fair Trading Legislation Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Fair Trading Legislation Amendment Regulation (No. 1) 2008 . 2 Regulation amended This regulation amends the FairTradingAmendmentRegulation (No. 1) 2007. 3 Amendment of s 2 (Commencement) Section 2(2)— omit, insert — ‘(2) Subject to subsection (3), the other provisions commence on 1 April 2008. ‘(3) Section 7A commences on 1 October 2008.’. 4 Amendment of s 7 (Insertion of new schs 5C and 5D) Section 7, proposed schedule 5C— omit, insert— ‘‘Schedule 5C Safety standard for motor vehicle recovery straps section 13F ‘1 Packaging marking ‘(1) The packaging for a motor vehicle recovery strap must display the following information about the strap in English and in a way that is clearly visible and legible, including, for example, on the packaging or on a label attached to the packaging— (a) its brand name or supplier’s logo; (b) the name and contact details of its Australian manufacturer, importer, distributor or other supplier; Page 2 2008 SL No. 71

Fair Trading Legislation Amendment Regulation (No. 1) 2008 [s 4] (c) its minimum breaking strength, expressed in metric units; (d) a recommendation that the minimum breaking strength of the strap should be between 2 and 3 times the vehicle’s gross vehicle mass (GVM). ‘(2) Nothing in subsection (1) prevents the inclusion of other information with the packaging. ‘2 Accompanying information ‘(1) A motor vehicle recovery strap must also be accompanied by a document, other than the packaging, stating the following information written in English— (a) a recommendation that the minimum breaking strength of the strap should be between 2 and 3 times the vehicle’s gross vehicle mass (GVM); (b) advice that the strap must be suited to the GVM of the lighter of the 2 vehicles used in the recovery process; (c) how to use and maintain the strap. ‘(2) Without limiting subsection (1)(c)— (a) the information to accompany a motor vehicle recovery strap must state all of the following— (i) persons intending to use the strap should consider completing a nationally recognised four wheel drive training course or contact a four wheel drive club for comprehensive advice on the proper selection and use of the strap; (ii) the strap must not be used for lifting or conventional towing; (iii) persons intending to use the strap must ensure that the strap is not damaged and is in usable condition; (iv) the strap’s strength and stretch are reduced when the strap is saturated; 2008 SL No. 71 Page 3

Fair Trading Legislation Amendment Regulation (No. 1) 2008 [s 5] (v) something like a recovery damper, heavy bag or blanket must be draped over the strap during its use to reduce any unintentional rebound of the strap; (vi) while the strap is being used, persons situated outside the motor vehicles involved in the recovery process must— (A) be kept at a safe distance (recommended as at least 1.5 times the length of the unstretched strap) from either of the vehicles involved in the recovery process; and (B) never situate themselves within the path of the vehicle performing the recovery; and (b) the information must also include the following— WARNING—Always follow product instructions. It is important to correctly attach the motor vehicle recovery strap to a motor vehicle. A standard tow ball or vehicle tie-down point is not designed for this purpose and may result in the strap or a vehicle component detaching from a motor vehicle and striking and seriously injuring or killing a person. Only attach the strap to a vehicle recovery point or device that is suitably rated for use with the strap. Incorrect use has previously resulted in serious injury and death. ‘(3) Nothing in this section prevents the inclusion of other accompanying information.’.’. 5 Insertion of new s 7A After section 7— insert— ‘7A Amendment of sch 5C (Safety standard for motor vehicle recovery straps) (1) Schedule 5C, section 2— renumber as section 3. Page 4 2008 SL No. 71

Fair Trading Legislation Amendment Regulation (No. 1) 2008 [s 6] (2) Schedule 5C— insert— ‘2 Permanently fixed information ‘(1) The following information about a motor vehicle recovery strap in English must be permanently fixed to the strap, including, for example, by stitching a label to the strap so that it is clearly visible and legible when the strap is being used— (a) the name or logo of its Australian manufacturer, importer, distributor or other supplier; (b) its batch code or serial number; (c) its minimum breaking strength, expressed in metric units; (d) a recommendation that the minimum breaking strength of the strap should be between 2 and 3 times the vehicle’s grosss vehicle mass (GVM); (e) advice that the strap must be suited to the GVM of the lighter of the 2 vehicles used in the recovery process; (f) the warning stated in section 3(2)(b). ‘(2) Nothing in subsection (1) prevents the inclusion of other information on the strap.’. 6 Amendment of s 8 (Amendment of sch 6 (Dictionary)) (1) Section 8(2), definitions breaking limit and safe working load — omit. (2) Section 8(2)— insert— ‘ gross vehicle mass or GVM means the maximum loaded mass of a motor vehicle— (a) stated on the compliance plate, registration certificate, or build plate for the vehicle; or (b) stated in the handbook for the vehicle; or 2008 SL No. 71 Page 5

Fair Trading Legislation Amendment Regulation (No. 1) 2008 [s 6] (c) stated in documentation for the vehicle available from the vehicle’s manufacturer. minimum breaking strength , for a motor vehicle recovery strap, means the minimum load necessary to cause the strap to fail.’. ENDNOTES 1 Made by the Governor in Council on 20 March 2008. 2 Notified in the gazette on 20 March 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2008 Page 6 2008 SL No. 71