Fair Trading (Product Safety Standard) Amendment Regulations 2004 (WA)
1 October 2004 GOVERNMENT GAZETTE, WA 4273 CE301*
Fair Trading Act 1987
Fair Trading (Product Safety Standard) Amendment Regulations 2004
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Fair Trading (Product
Safety Standard) Amendment Regulations 2004.2. The regulations amended
The amendments in these regulations are to the Fair Trading
(Product Safety Standard) Regulations 2001*.[* Published in Gazette 15 January 2002, p. 183-228. For amendments to 23 August 2004 see Western Australian
Subdivision 1; or
Legislation Information Tables for 2003, Table 4, p. 107.]
3. Parts 14 and 15 inserted
After regulation 37 the following Parts are inserted —
44
Part 14 — Sunglasses and fashion spectacles
38. Product safety standard for sunglasses and fashion
spectacles(1) Until the end of 31 March 2005, the product safety
standard for sunglasses and fashion spectacles to which
this Part applies consists of either —(a) the standard set out in Schedule 12 Division 1
clause 1, as varied by Schedule 12 Division 2
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(b) the standard set Out in Schedule 12 Division I clause 2, as varied by Schedule 12 Division 2 Subdivision 2.
(2) On and from 1 April 2005, the product safety standard for sunglasses and fashion spectacles to which this Part applies consists of the standard set out in Schedule 12
Division 1 clause 2, as varied by Schedule 12
Division 2 Subdivision 2.
(3) This Part applies to -
(a)
spectacles comprising tinted lenses of nominal zero refractive power mounted in a spectacle frame;
(b)
individual tinted lenses of nominal zero refractive power intended for use in sunglasses;
(c) rimless sunshields and one piece visors; (d) clip-on and slip-on type sunglasses; and (e) children's sunglasses.
(4) This Part does not apply to -
(a)
safety glasses and safety goggles intended to provide protection against optical radiation;
(b)
eyewear for protection against radiation in solaria;
(c) ski goggles; and (d)
glasses for use as toys that are clearly and legibly labelled as toys.
Part 15 - Toys for young children up to and
including 3 years of age
39. Product safety standard for toys for young children
(1) Until the end of 30 June 2005, the product safety standard for toys to which this Part applies consists of
either -
(a) the standard set Out in Schedule 13 Division 1 clause 1, as varied by Schedule 13 Division 2 Subdivision 1; or (b) the standard set Out in Schedule 13 Division I clause 2, as varied by Schedule 13 Division 2 Subdivision 2.
(2) On and from 1 July 2005, the product safety standard
for toys to which this Part applies consists of the
standard set out in Schedule 13 Division 1 clause 2, as
varied by Schedule 13 Division 2 Subdivision 2.
(3) This Part applies to -
(a) rattles, toy dummies, teethers and squeeze toys;
1 October 2004 GOVERNMENT GAZETTE, WA 4275
(b) toys to be attached to a crib, stroller, playpen or baby carriage; (c) pull and push toys; (d) pounding toys; (e) blocks and stacking toys; (f) toys for use in a bathtub; (g) rocking, spring and stick horses and figures: (h) musical chime toys; (i) jacks-in-the-box;
(j) stuffed, plush and flocked animals and figures; (k) toys with pompoms; (1) games;
(m) puzzles;
(n) dolls; and (o) toy cars, trucks and other vehicles. (4) This Part does not apply to -
(a) balloons; (b) marbles;
(c) tapes and compact discs; (d) books;
(e) writing materials (including crayons, chalk, pencils and pens); (0 paints (including finger paints and water paints), paint brushes and other painting
implements;
(g)
modelling material (including clay, plasticine and play dough);
(h) bicycles having a wheel base of not less than 640 mm; (i) playground equipment for parks, schools and domestic use (including swings, see-saws, slides, agility apparatus, climbing, swinging, rotating and rocking apparatus, cubby houses, sand pits, apparatus for use in sand, sliding poles and ladders);
(j)
goods supplied wholly or partially unassembled for assembly by an adult after supply if the goods are supplied with written assembly instructions and the goods, when assembled in accordance with instructions, comply with this Part;
(k) flotation toys; (I) pacifiers;
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(m)
toys made wholly from highly porous material (for example cheesecloth), except toys with pompoms; and
(n)
ethylene vinyl acetate or like material which are
labelled with the word "WARNING" in red
upper case letters at least 5 mm high on a white
background adjacent to the words "NOT
SUITABLE FOR CHILDREN UNDERtoys made with closed cell polyethylene, OFF AND CAUSE A CHOKING HAZARD" in red upper case letters at least 2.5 mm high on a white background.
(5) For the purposes of subregulation (4)(n), a toy is
labelled as described in subregulation (4)(n) if a label,
that complies with subregulation (4)(n), is attached to
the toy in a conspicuous position or, if the toy is
displayed in packaging for retail sale, on a principal
outer display face of the packaging in which the toy is
displayed.4. Schedules 12 and 13 inserted
After Schedule lithe following Schedules are inserted -
33
Schedule 12 - Standards for sunglasses and
fashion spectacles
[r.38]
Division 1 - Standards for sunglasses and
fashion spectacles
1. AS 1067.1:1990
Australian Standard AS 1067.1:1990 "Sunglasses and Fashion Spectacles Part 1: Safety Requirements" approved by Standards Australia on 22 June 1990.
2. AS/NZS 1067:2003
Australian/New Zealand Standard AS/NZS 1067:2003
"Sunglasses and Fashion Spectacles" approved by Standards
Australia on 31 March 2003.
Division 2 Variations to Standards Subdivision 1 Variations to AS 11067.1:1990 3. Clause 1.1
Delete the clause.
1 October 2004 GOVERNMENT GAZETTE, WA 4277 4. Clause 2.2.1
(1) In clause 2.2.1, delete the full stop in paragraph (b), insert
instead -" except in the case of children's sunglasses. Children's
sunglasses with frames too small for measurement from
32 mm from the centreline of the sunglass shall be measured
at 6 selected points within a circle of 30 mm diameter
around the datum centre of each lens.(2) In clause 2.2.1, delete the full stop in paragraph (c). insert
instead -except in the case of children's sunglasses. Children's
sunglasses with frames too small for measurement from
32 mm from the centreline of the sunglass shall be measured
from a point 25% of the width of the lens measured on
either side of the centreline which lies in the horizontal
plane that would bisect the eyes when the visor is worn and
at 6 selected points within a circle of 30 mm diameter
centred on those points.5. Clause 4.2.1
Delete "classification of the eyewear and other relevant".6. Clause 4.2.2
Delete the box around the marking specified for fashion spectacles.
7. Clause 4.2.3
(1) Delete "The marking for general-purpose sunglasses shall be
as follows:".
(2) Delete the box and the words in it. Subdivision 2 Variations to AS/NZS 1067:2003
8. Clauses 1.1 and 1.2
Delete the clauses.9. Clause 2.6
(1) Before "When" insert the clause designation "2.6.1". (2) Insert-
"
2.6.2
Only lenses with labels, decorations or markings (other
than those intended to be removed before use) within the
area of the 2 ellipses defined in Clause 3.2.1 need to meet
the requirements of Clause 2.6.1.NOTE: See also Clause 3.2.2.
,,
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10. Clauses 2.7 and 2.8
Delete the clauses.11. Clause 3.2.2
After the clause, insert -"
NOTE: Lenses with holograms or other transparent images applied to the outer (non-eye) side of the lens would generally pass the requirements of Clause 3.2.2 provided that the other requirements of the standard are met, in particular Clause 2.2.2 (Transmittance matching for pairs of sunglass lenses of all types), Clause 2.2.3 (Uniformity of colour for pairs of sunglass lenses of all types), and Clause 2.6 (Scattered light).
12. Clauses 3.3 and 3.6
Delete the clauses.
13. Clause 4.1.1
Delete clause 4.1.1(c).
14. Clause 4.2.1
After "sunglass frame," insert -
14 11 or
15. Clause 4.2.2
Delete the clause.
Schedule 13 - Standards for toys for young children up to and including 3 years of age
[r.391
Division 1 - Standards for toys for young children
1. AS 1647.2:1992
Clauses 4.2, 4.3, 4.4, 4.5, 4.9, 4.10, 4.11, 4.12, 4.16, 4.20,
4.2 1, 4.22, 4.23, 4.24, 4.25, 4.26, 7.1, 7.2, 7. 1 0(d),
7.15.6(a)(iv), 9.4 and 10 and Appendices A, D to S, U and V
of Australian Standard AS 1647.2:1992 "Children's Toys
(Safety Requirements) Part 2: Constructional Requirements"
approved by Standards Australia on 14 September 1992, as
amended by Amendment No. 1 published on 5 March 1995.2. AS/NZS ISO 8124.1:2002
Australian/New Zealand Standard AS/NZS ISO
8124.1:2002 "Safety of toys, Part 1: Safety aspects related
to mechanical and physical properties (ISO 8124-1:2000,
MOD)" approved by Standards Australia on 30 April 2002.
1 October 2004 GOVERNMENT GAZETTE, WA 4279 Division 2 -Variations to Standards
Subdivision I —Variations to AS 1647.2:1992
3. Clause 7.2
Delete the clause, insert instead -
7.2 Stuffed Toys Stuffed toys must not produce an ingestion or inhalation hazard when tested in accordance
with Appendix 0.4. Clauses 10.2.1, 10.3.1, 10.3.2, 10.3.3, 10.3.4, 10.3.6, 10.3.7, 10.3.10 and 10.3.13
Delete "a hazardous sharp edge, a hazardous sharp point or, if applicable,".
5. Clauses 10.3.5 and 10.3.11
Delete "a hazardous sharp edge, a hazardous sharp point or".6. Clause 10.3.9
Delete "fracture or break", insert insteadproduce an ingestion or inhalation hazard
7. Clause 10.3.14
Insert after "from the toy" -,that would produce an ingestion or inhalation hazard
8. Clause 10.3.15
Delete all of the clause after "not", insert instead
produce an ingestion or inhalation hazard.
9. Clause D5
Delete "If", insert instead -Subject to Clause 9.4, if ".
10. Clauses 1175(d), G6(i), H5(I), 15(g), J5(e), K5(h), M5(h), N6(i) and Q5(g)
Delete "Appendices B, C and, if applicable,".
11. Clauses F6(d)(i) and (ii), G7(c)(i) and (ii), H6(c)(i) and (ii), 16(d)(i) and (ii), J6(b)(i) and (ii), K6(a) and (b), L6(b)(i) and (ii), M6(d)(i) and (ii), N7(d)(i) and (ii), Q6(a)(i) and (ii) and R6(d)(i) and (ii)
Delete the clauses.
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12. Clauses L5(b) and L5(g)
Delete "a hazardous sharp edge, hazardous sharp point or".
13. Clauses L5(1) and R5(h)
Delete "Appendices B, C and D", insert instead -
Appendix D ".
14. Clause N2
Delete "neither developed a hazardous sharp edge nor a hazardous sharp point, nor, if applicable, produced", insert instead -
44
did not produce ".
15. Clause U6(b)
After "outlet", insert -
and whether these objects produced an ingestion or
inhalation hazard16. Clause V6(a)
Delete "fractured through the entire thickness or matter visible to the naked eye has become detached from any portion of the test specimen", insert instead -
produced an ingestion or inhalation hazard ".
Subdivision 2— Variations to AS/NZS ISO 8124.1:2002
17. Clauses 1 and 2
Delete the clauses.18. Clause 3.21
Delete "or damage to property or the environment". 19. Clauses 3.52 and 4.3
Delete the clauses.20. Clause 4.4.1
(1) Delete "intended" from the first and fourth sentences, which
commence "Toys ... "and "Guidance ... "respectively.(2) Delete the third sentence, which commences "The following
are... ".21. Clause 4.4.2
Delete the clause.
22. Clause 4.5.1
Delete "intended" from the first dot point.
1 October 2004 GOVERNMENT GAZETTE, WA 4281 23. Clause 4.5.2
(1) Delete "intended" from paragraph (a). (2) Delete paragraph (b). 24. Clauses 4.5.3 and 4.5.4
Delete "intended from the first sentence.25. Clause 4.5.5
(1) Delete "intended" from the first sentence. (2) Delete the note. 26. Clauses 4.5.6 to 4.24, 4.25(d), 4.26 and 4.27
Delete the clauses.27. (1) In the fifth sentence, which commences "Certain test
Clause 5.1
methods ...
(a) in the first dot point, insert after "months" - and ";
(b)
in the second dot point, delete "and" and insert a full stop instead;
(c) delete the third dot point.
(2) In the seventh sentence, which commences "If a toy or its
packaging... "-
(a) delete "intended or"; (b) delete "96 months" and insert instead - 44 36 months ".
(3) Delete the twelfth sentence, which commences "Toys
reasonably intended ...
28. Clause 5.2
(1) In the heading to the clause, delete "43.2," and ", 4.18.2". (2) In the first sentence, which commences "Place the toy ... ",
delete "any orientation" and insert instead -44 all possible orientations ".
29. Clauses 5.7 to 5.19, 5.21 and 5.22
Delete the clauses.30. Clause 5.23
(1) In the third sentence, which commences "Any commercially
available ... ", delete "intended".(2) Delete Note 1.
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31. Clause 5.24.1
Delete the second sentence, which commences "Unless32. Clause 5.24.2
In Table 4 row 2, delete "96", insert instead -44 36
33. Clause 5.24.4
Delete the clause.34. Clause 5.24.6.2
In the first sentence, which commences "For soft-filled ... ", delete "beanbags", insert instead -
46
beanbag-type toys (i.e. a toy that contains plastic pellets,
beads, polystyrene balls or similar materials)
35. Clause 5.24.6.4
Delete the clause.36. Clause 5.24.7
(1)
In the second sentence, which commences "Determine the compression force ... ", delete "according to the age group for which the toy is intended".
(2) Table 5 row 2, delete the row. (3) In the eighth sentence, which commences "Apply the ...
delete "required force", insert instead -
force in Table 5 ". 37. Clause 5.24.8
Delete the clause. 38. Clauses A.1, A.2.1 and A.2.2
Delete the clauses.39. Clause A.2.3
Delete the second sentence, which commences "The batteries ... ".
40. Clauses A.2.4 to A.2.10
Delete the clauses.
1 October 2004 GOVERNMENT GAZETTE, WA 4283 41. Clause B.1
In the fourth sentence, which commences "Further information ... ", delete "[12]", insert instead
44
the publication issued by the United States Consumer
Product Safety Commission (CPSC) Age Determination
Guidelines42. Clause B.4.1
Delete the third and fourth sentences, which commence
"Age grades ... "and "A parent remains ... "respectively.43. Clause B.4.4
Delete the clause.44. Annexes C, D and F Delete the Annexes.
45. Appendix ZZ
Delete the Appendix.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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