Fair Trading (Product Information Standard) Regulations 2005 (WA)

Case
No judgment structure available for this case.

Western Australia

Fair Trading Act 2010

Fair Trading (Product Information Standard) Regulations 2005

The Fair Trading Act 2010 s. 118 3 provides for the continuation of Part 4 of these regulations after the commencement of that section.

Western Australia

Fair Trading (Product Information Standard) Regulations 2005 ContentsPart 1 — Preliminary1. Citation 1Part 4 — Builders plates for recreational vessels8. Terms used in this Part 28A. Prescribed body 39. Product information standard for builders plates for certain vessels 3NotesCompilation table 7Defined terms

Western Australia

Fair Trading Act 2010

Fair Trading Act 2010

Fair Trading (Product Information Standard) Regulations 2005

Part 1 – Preliminary1.Citation

These regulations are the Fair Trading (Product Information Standard) Regulations 2005 1.

[2. Omitted under the Reprints Act 1984 s. 7(4)(f).]

[Pt. 2-3 omitted (see Fair Trading Act 2010 s. 118(2)).]

Part 4 – Builders plates for recreational vessels

[Heading inserted: Gazette 1 Sep 2006 p. 3591.]

8.Terms used in this Part
  • (1)

    In this Part —

ABP standard means the “National Standard for the Australian Builders Plate for Recreational Boats”, published by The National Marine Safety Committee, as it applied on 21 November 2005, as varied by subregulation (2);

certificate of survey means a certificate issued under the W.A. Marine (Surveys and Certificates of Survey) Regulations 1983;

classification society means the following bodies for the survey of shipping —

  • (a)

    the American Bureau of Shipping;

  • (b)

    the Bureau Veritas;

  • (c)

    the Det Norske Veritas;

  • (d)

    the Germanischer Lloyd;

  • (e)

    the Lloyds Register of Shipping;

  • (f)

    the Nippon Kaiji Kyokai;

owner builder, of a vessel, means an individual who builds the vessel for his or her own use;

personal watercraft has the meaning given in the Navigable Waters Regulations 1958 2 regulation 46;

second‑hand vessel means a vessel that has been used otherwise than as follows —

  • (a)

    in the course of being built or tested;

  • (b)

    by the builder;

  • (c)

    for the purpose of transporting it for the purpose of sale;

  • (d)

    for the purposes of demonstrating it to a purchaser;

  • (e)

    by the owner builder;

The National Marine Safety Committee means The National Marine Safety Committee incorporated under the New South Wales Associations Incorporation Act 1984;

vessel has the meaning given to that term in the Western Australian Marine Act 1982 section 3(1).

  • (2)

    For the purposes of the definition of “ABP standard”, the standard referred to in the definition is varied as follows —

    • (a)

      a requirement to the effect that information on a builders plate for a vessel must include the name of the builder of the vessel is to be read as a requirement that the information must include the name of the person who approved the information, and the capacity in which the person approved the information; and

    • (b)

      by deleting clauses 3.1 and 3.2.

[Regulation 8 inserted: Gazette 1 Sep 2006 p. 3591-2; amended: Gazette 13 Mar 2007 p. 926.]

8A.Prescribed body

For the purposes of section 59(3)(a)(ii) of the Act, The National Marine Safety Committee is prescribed.

[Regulation 8A inserted: Gazette 13 Mar 2007 p. 926.]

9.Product information standard for builders plates for certain vessels
  • (1)

    The ABP standard is prescribed for the purposes of section 59 of the Act as a product information standard for vessels to which this regulation applies.

  • (2)

    This regulation applies to all vessels other than the following vessels —

    • (a)

      a vessel for which a certificate of survey has been issued or which is to be, or has been, submitted for survey for the purposes of obtaining a certificate of survey;

    • (b)

      a vessel for which a permit under the Western Australian Marine Act 1982 section 26(2) has been issued;

    • (c)

      a second‑hand vessel;

    • (d)

      a vessel that was built for export from Australia;

    • (e)

      a vessel that was imported into Australia from New Zealand;

    • (f)

      a vessel that was built exclusively for racing in organised events;

    • (g)

      an amphibious vehicle;

    • (h)

      a canoe, kayak or surf ski or similar vessel designed to be powered by paddle;

    • (i)

      a pedal powered boat;

    • (j)

      a personal watercraft that is designed to carry no more than 2 persons;

    • (k)

      a personal watercraft that is designed to carry 3 or more persons if it complies with subregulation (4);

    • (l)

      a rowing shell used for racing or training for racing;

    • (m)

      a sailboard or sail kite or other similar vessel;

    • (n)

      a surf row boat;

    • (o)

      a hydrofoil or hovercraft;

    • (p)

      a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion;

    • (q)

      a submersible;

    • (r)

      an aquatic toy, being an object designed primarily for play in or on water, for example —

      • (i)

        an object designed solely to be towed behind a recreational vessel; or

      • (ii)

        an inflatable boat to which ISO 6185 Inflatable boats (as in force on the day on which this Part came into operation) does not apply;

    • (s)

      an inflatable boat —

      • (i)

        to which ISO 6185 Inflatable boats (as in force on the day on which this Part came into operation) applies; and

      • (ii)

        which complies with subregulation (5);

    • (t)

      a vessel that was partly constructed (as described in subregulation (6)) before this Part came into operation.

  • (3)

    The chief executive officer (as defined in the Western Australian Marine Act 1982 section 3(1)) may, on application, exempt a particular vessel from the application of this regulation if satisfied that —

    • (a)

      the vessel complies with some other appropriate safety standard and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel; or

    • (b)

      the vessel is of a type for which appropriate safety standards do not exist and for which other safety standards cannot reasonably be adapted and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel; or

    • (c)

      the vessel is of a type that closely resembles a vessel of a type that is not covered by this regulation because of subregulation (2) and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel; or

    • (d)

      the vessel is to be used for only a short period of time, its use is unlikely to endanger the lives of its occupants or occupants of other vessels and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel.

  • (4)

    For the purposes of subregulation (2)(k), a personal watercraft complies with this subregulation if the following information is written on or attached to the craft in a clearly visible place —

    • (a)

      the total weight of persons and equipment that the vessel may carry (expressed in kilograms), as recommended by the builder of the craft; and

    • (b)

      the maximum number of persons the craft may carry, as recommended by the builder of the craft.

  • (5)

    For the purposes of subregulation (2)(s)(ii), an inflatable boat complies with this subregulation if the boat has a plate attached to it in accordance with —

    • (a)

      European Directive 94/25/EC — Recreational Craft Directive (as in force on the day on which this Part came into operation) that certifies that the boat complies with the requirements of that Directive; or

    • (b)

      the requirements of US National Marine Manufacturers Association set out in the NMMA Certification Handbook (as in force on the day on which this Part came into operation) that certifies that the boat complies with the requirements of that Handbook.

  • (6)

    For the purposes of subregulation (2)(t), a vessel is partly constructed if it has reached which ever of the following stages of construction is relevant, or the earlier if both are relevant —

    • (a)

      the keel has been laid;

    • (b)

      the vessel is identifiable as a vessel of a particular type and a part of the vessel has been fabricated and assembled that has a mass of at least one percent of the mass of all structural material of the proposed completed vessel.

[Regulation 9 inserted: Gazette 1 Sep 2006 p. 3592-5.]

Notes

1          This is a compilation of the Fair Trading (Product Information Standard) Regulations 2005 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

The Fair Trading Act 2010 s. 118 3 provides for the continuation of Part 4 of these regulations after the commencement of that section.

Compilation table

Citation

Gazettal

Commencement

Fair Trading (Product Information Standard) Regulations 2005

29 Jun 2005 p. 2971-81

29 Jun 2005

Fair Trading (Product Information Standard) Amendment Regulations 2006

1 Sep 2006 p. 3591-5

2 Sep 2006 (see r. 2)

Fair Trading (Product Information Standard) Amendment Regulations 2007

13 Mar 2007 p. 926

13 Mar 2007

Reprint 1: The Fair Trading (Product Information Standard) Regulations 2005 as at 20 Jul 2007 (includes amendments listed above)

2          Formerly referred to the Navigable Waters Regulations the citation of which was changed to the Navigable Waters Regulations 1958 by the Navigable Waters Amendment Regulations (No. 2) 2005 r. 3. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

3          The Fair Trading Act 2010 s. 118 reads as follows:

118. Fair Trading (Product Information Standard) Regulations 2005 Part 4 (builders plates for recreational vessels), continuation of

  • (1)

    The Fair Trading (Product Information Standard) Regulations 2005 (other than Parts 2 and 3) continue in force after the commencement of this section as if those regulations were an information standard under the Australian Consumer Law (WA) Part 3‑4, and may be enforced accordingly.

  • (2)

    The regulations continued in force by subsection (1) may be repealed as if they were regulations made under section 116.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

ABP standard............................................................................................................... 8(1)

certificate of survey..................................................................................................... 8(1)

classification society................................................................................................... 8(1)

owner builder................................................................................................................ 8(1)

personal watercraft...................................................................................................... 8(1)

second‑hand vessel..................................................................................................... 8(1)

The National Marine Safety Committee.................................................................... 8(1)

vessel............................................................................................................................. 8(1)

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0