Fair Trading (Product Safety Standard) Amendment Regulations 2010 (WA)
!201000095GG!
WESTERN 2341 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 28 MAY 2010 No. 95 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
© STATE OF WESTERN AUSTRALIA
FAIR TRADING ACT 1987
_________
FAIR TRADING (PRODUCT
SAFETY STANDARD)
AMENDMENT
REGULATIONS 2010
28 May 2010 GOVERNMENT GAZETTE, WA 2343
Fair Trading Act 1987
Fair Trading (Product Safety Standard)
Amendment Regulations 2010
Made by the Governor in Executive Council.
1. Citation
These regulations are the Fair Trading (Product Safety
Standard) Amendment Regulations 2010.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
3. Regulations amended
These regulations amend the Fair Trading (Product Safety
Standard) Regulations 2001.
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4. Part 2 replaced
Delete Part 2 and insert:
Part 2 — Lighters
Division 1 — Preliminary
2. Terms used
(1) In these regulations — adjustable lighter means a lighter with provision for
flame height adjustment;American Standard means the Consumer Product
Safety Standard for Cigarette Lighters
(16 CFR 1210) —
(a) set out in Part 1210, Title 16 of the Code of Federal Regulations; and (b) published in the Federal Register of the United 12 July 1993;
customs value, for a device, means the customs value determined for the device under the Customs Act 1901 (Commonwealth) section 159;
disposable lighter has the meaning given insubregulation (6);
ex works agreement means an agreement for the
supply of goods under which the supplier’s obligation
to deliver the goods is fulfilled when the supplier
makes the goods available to the buyer at the supplier’spremises;
indexed amount has the meaning given in
regulation 15;
lighter has the meaning given in subregulation (2);
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non-adjustable lighter means a lighter with no
provision for flame height adjustment;
novelty lighter has the meaning given in
subregulation (7);
refillable lighter has the meaning given in
subregulation (8);
safe operation means the operation of a lighter so that
it —
(a) does not spit or sputter; and (b)
does not produce an abnormal or unsafe flame; and
(c) cannot be operated easily by a young child;
spit or sputter, for a flame produced by a lighter,
means the escape of liquid fuel from the lighter
producing burning liquid droplets that separate fromthe flame;
young child means an individual who is under 5 years.
(2) A lighter is a flame producing device that —
(a)
is designed to light cigarettes, cigars and pipes; and
(b) is an eligible device.
(3) For the purposes of subregulation (2), a flame
producing device is an eligible device if —
(a)
it is designed to be discarded when its fuel supply is exhausted; or
(b)
it is designed to incorporate a separate container of fuel that is designed to be discarded when empty; or
(c)
it is designed to have an entertaining audio or visual effect (other than production of a flame); or
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(d)
it is designed to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended for use by, a young child.
(4) For the purposes of subregulation (2), a flame
producing device is also an eligible device if —
(a) it is designed to be refilled with fuel; and (b) its value is not more than the relevant amount.
(5) In subregulation (4) — relevant amount means —
(a)
for a device imported into Australia, or supplied under an ex works agreement, before 1 August 2003 — $5; or
(b)
for a device imported into Australia, or supplied under an ex works agreement, on or after 1 August 2003 — the indexed amount;
value, for a device, means —
(a)
for a device imported into Australia — its customs value; or
(b) for another device — its supply price.
(6) A disposable lighter is a lighter that is an eligible
device mentioned in subregulation (3)(a) or (b).(7) A novelty lighter is a lighter that is an eligible device
mentioned in subregulation (3)(c) or (d).(8) A refillable lighter is a lighter that is an eligible device
mentioned in subregulation (4).
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Division 2 — Flame testing, structural safety
and labelling
3. Application of this Division
This Division does not apply to a lighter that —
(a) is a novelty lighter; and (b) is not a disposable lighter or a refillable lighter.
4. Testing procedures
When a lighter is tested in accordance with the
procedures described in Schedule 1 Division 2, 3, 4, 5
or 6, the test must be performed in accordance with the
procedures described in Schedule 1 Division 1.5. Ignition and adjustment of flame
(1) A lighter must be designed so that deliberate action is
necessary to ignite and sustain a flame.(2) An adjustable lighter must be designed so that
deliberate action is necessary to adjust the height of the
flame.6. Abnormal burning
A lighter, after being tested in accordance with
Schedule 1 Divisions 4, 5 and 6, must not, when tested
in accordance with Schedule 1 Divisions 2 and 3, spit
or sputter or produce an abnormal or unsafe flame.7. Flame height
(1)
A lighter must comply with subregulation (2) when tested in accordance with Schedule 1 Division 2 —
(a)
after being tested in accordance with Schedule 1 Division 4 or 5; or
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(b)
after being tested in accordance with of Schedule 1 Divisions 4 and 5.
(2) For subregulation (1), the height of the flame produced
by a lighter must not exceed —
(a)
in the case of a non-adjustable lighter, 50 millimetres; and
(b) in the case of an adjustable lighter —
(i) where the lighter is adjusted to produce 150 millimetres; and
(ii) where the lighter is adjusted to produce 100 millimetres.
(3) If the flame height of an adjustable lighter has not been adjusted after being supplied in trade or commerce, the lighter must not, when first used after being supplied, produce a flame exceeding 125 millimetres in height. 8. Flame extinction
(1) A lighter must comply with subregulation (2) after
being tested in accordance with the procedures
described in Schedule 1 Divisions 3, 4 and 5.(2) For subregulation (1), where —
(a) a non-adjustable lighter produces a flame for 10 seconds; or (b) an adjustable lighter — (i) produces a flame for 5 seconds at the maximum flame height adjustment; or
(ii) produces a flame for 10 seconds at the minimum flame height adjustment,
the flame produced must extinguish after cessation of the action sustaining the flame within 2 seconds if the
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lighter has no flameguard or 4 seconds if it has a
flameguard.9. Structural safety
(1) A lighter must have no sharp external edges. (2) A lighter, when tested in accordance with Schedule 1
Division 3, 4 or 5, must not be damaged so as to affect
its safe operation.(3) A lighter, when tested in accordance with Schedule 1
Division 4, must not spontaneously ignite.(4) The internal pressure of the fuel reservoir of a lighter when tested in accordance with Schedule 1 Division 6 must not suddenly decrease. 10. Labelling
(1) A lighter must incorporate (as a permanent part of the
lighter) in a legible form —
(a)
the name or other identification of the manufacturer or distributor of the lighter; and
(b)
where the lighter is an adjustable lighter, symbols indicating the direction in which force is to be applied to increase or decrease the flame height and the effect of the application of force in that direction.
(2) In addition to subregulation (1), either —
(a) the following information that is enclosed by inverted commas must be displayed in a legible form on a lighter, or on an adhesive label that is affixed to the lighter — (i) ‘WARNING’ in capital letters and adjacent to the words that must be
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displayed under subparagraphs (ii) to
(ix);
(ii) ‘KEEP AWAY FROM CHILDREN’ or CHILDREN’ in capital letters;
(iii) ‘Ignite lighter away from face and clothing’;
(iv) ‘Never expose to heat above 50°C or to prolonged sunlight’;
(v) ‘Never puncture or put in fire’;
(vi) for a lighter that contains flammable gas under pressure — ‘Contains flammable gas under pressure’;
(vii) for a lighter that contains flammable liquid — ‘Contains flammable liquid’;
(viii) for a self-extinguishing lighter — ‘Be
sure flame is out after use’;(ix)
for a non-self-extinguishing lighter — ‘This lighter does not extinguish itself — close the cover to put out’;
or (b)
if a lighter is contained in a package when it is sold at retail — the information in paragraph (a) must be displayed in a legible form on the package.
Division 3 — Child resistance
11. Application of this Division
This Division applies to a lighter to which the
American Standard would apply if the lighter were
imported into the United States of America after
12 July 1994.
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12. Child resistance
(1) A lighter must be of a kind that has been —
(a)
tested in the manner set out in section 1210.4 of the American Standard; and
(b)
shown to be resistant to successful operation by at least 85 percent of the child-test panel when tested in that manner.
(2)
The mechanism or system of a lighter that is designed or intended to make the lighter resistant to successful operation by at least 85 percent of the child-test panel must —
(a) reset itself automatically after each operation of the ignition mechanism of the lighter; and (b) not impair safe operation of the lighter when used in a normal and convenient manner; and (c) be effective for the functional life of the lighter; and (d) not be easily overridden or deactivated.
13. Certification
A certificate of compliance, within the meaning of the
American Standard, must have been issued for the
lighter in accordance with that standard.
Note: The importation into Australia of a lighter is prohibited unless —
(a) the person importing the lighter has — (i) completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and
(ii) produced that declaration to the Collector;
or
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(b) the Minister has granted a permission in writing for the lighter to be imported; or (c) the lighter is imported by a passenger at least 18 years old on a 5 lighters.
See the Customs (Prohibited Imports) Regulations 1956
(Commonwealth) regulation 4S.
Division 4 — Indexation
14. Terms used
In this Division —
CPI number means the All Groups Consumer Price
Index number (that is the weighted average of the
8 capital cities) published by the Statistician;latest CPI number means the CPI number for the most
recent quarter;March 2003 CPI number means the CPI number for
the quarter beginning on 1 January 2003;quarter means 3 months beginning on 1 January,
1 April, 1 July or 1 October in a year;Statistician has the meaning given by the Australian
Bureau of Statistics Act 1975 (Commonwealth)
section 3.15. Indexed amount
(1) The indexed amount is the amount —
(a)
worked out in accordance with the formula mentioned in subregulation (2); and
(b)
if the amount worked out is an amount of dollars and cents, rounded in accordance with subregulation (3).
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(2) The formula is —
$ × 5 latest CPI number
March 2003 CPI number
(3) The indexed amount must be rounded to the nearest
25 cents and, if the amount to be rounded is 12.5 cents,
rounded up.5. Regulation 24 replaced
Delete regulation 24 and insert:
24. Product safety standard for a trolley jack
The product safety standard for a trolley jack consists
of the standard set out in Schedule 4 Division 1, as
varied by Schedule 4 Division 2.
6. Regulation 28 replaced
Delete regulation 28 and insert:
28. Product safety standard for a vehicle support stand
The product safety standard for a vehicle support stand
consists of the standard set out in Schedule 6
Division 1, as varied by Schedule 6 Division 2.
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7. Parts 11 and 12 replaced
Delete Parts 11 and 12 and insert:
Part 11 — Children’s nightwear and paper
patterns for children’s nightwear
32. Term used: children’s nightwear
In this Part —
children’s nightwear means a garment that is —
(a) scheme used in Australian Standard
of a size in the range 00 to 14 (the number and children’s clothing — Underwear and outerwear, published by Standards Australia on 5 March 1997; and
(b) of a type that is suitable for nightwear; and (c) is not a second-hand garment,
and includes a garment that is mentioned in paragraphs
(a) to (e) of clause 0.2 of Australian/New Zealand
Standard AS/NZS 1249:2003 Children’s nightwear and
limited daywear having reduced fire hazard.33. Product safety standard for children’s nightwear
The product safety standard for children’s nightwear
consists of the standard set out in Schedule 9
Division 1, as varied by Schedule 9 Division 2.34. Product safety standard for paper patterns for children’s nightwear
The product safety standard for paper patterns for
children’s nightwear consists of the standard set out in
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Schedule 10 Division 1, as varied by Schedule 10
Division 2.8. Regulation 36 replaced
Delete regulation 36 and insert:
36. Term used: pedal bicycles
In this Part —
pedal bicycles includes fully assembled or partially
assembled bicycles but does not include —
(a)
bicycles having a wheel base of less than 640 mm; or
(b)
bicycles that are designed, promoted and supplied primarily for use in competition; or
(c)
one of a kind bicycles, being bicycles that are uniquely constructed to the order of an individual consumer; or
(d)
bicycles that are designed to be hinged or folded, or to be taken apart beyond removal of the front wheel, for ease of storage or portability; or
(e) tandem bicycles; or
(f) power assisted bicycles; or (g)
bicycles showing signs of appreciable wear or second-hand bicycles; or
(h) recumbent bicycles.
9. Regulation 38 amended
(1) Delete regulation 38(1).
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(2) Delete regulation 38(4)(e) and insert:
(e) glasses or goggles for special use, including medical shields especially designed for use by vision impaired persons.
10. Regulation 39 amended
(1) Delete regulation 39(1). (2) In regulation 39(2) after “toys” insert: for children up to and including but not limited to
36 months of age, being objects manufactured,designed, labelled or marketed as playthings,
(3) In regulation 39(5) delete “if a label, that complies with
subregulation (4)(n), is attached to the toy in a conspicuous
position” and insert:if a toy is marked legibly in a conspicuous position
either on the toy
11. Regulation 44 amended
(1) In regulation 44 delete “(2) The label or notice must be
displayed on the goods in a conspicuous position.”.(2) Before regulation 44(3) insert: (3A) A warning label or notice referred to in
subregulation (1) must be conspicuously displayed.
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12. Regulation 47 amended
In regulation 47 in the definition of AS/NZS 2172:2003 delete
“2005 as amended by Amendment No. 1 of 9 January 2006;”
and insert:2003;
13. Regulation 48 amended
(1) Delete regulation 48(2) and insert:
(2) The product safety standard for new cots consists of
AS/NZS 2172:2003 varied in the following manner —
(a)
delete clauses 1, 2, 4, 6.1(f), 7, 8, 9.2(c), and 10;
(b) delete clause 6.1(g) and insert:
(g)
With the dropside in the closed position and the mattress base in the lower position, when tested in accordance with Appendix A with a force of 50 N it must not be possible for a 30 mm probe to pass through any aperture between the mattress base and the sides and between the mattress base and the ends.
(c) at the end of clause 6.3(e) insert: For a lift and push dropside release
mechanism, either the lift or push actionmust comply with clause 6.3(d).
(d) in clause 6.7 delete note 1;
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(e) delete Paragraph A5(h) and A5(i) and insert:
(h) For any gaps recorded in Step (g) between the mattress base in the lower position and the sides and ends with the dropside in the closed position, insert the 30 mm diameter probe and apply a force of 50 N. (i) For any gaps recorded in Step (g) except for the gaps tested in Step (h), insert the 30 mm diameter probe and apply a force of 100 N.
(j) Record all gaps that allowed the passage of the 30 mm diameter probe when tested in accordance with A5(h) and A5(i) except for the following: (i) Gaps formed between —
(A)
fixed sides and the mattress base in the upper position; and
(B) fixed ends and the
mattress base in the
upper position.
(ii) Gaps formed between the dropside in both open and closed positions and the
mattress base in the upper
position.
(iii) dropside in the open position
Gaps formed between the lower position.
(f) renumber the succeeding A5 paragraphs;
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(g) in Paragraph A6(b) delete “but not the 50 mm diameter probe as noted in Paragraphs A5(i) and A5(g) respectively” and insert: as recorded in Paragraph A5(j)
(2) In regulation 48(3)(b) delete ““ 8 mm ”.”and insert: “ 8 mm ”; and
(c) deleting note 1.
14. Regulation 49 amended
Delete regulation 49(1)(b) and insert:
(b) has clearly visible external and internal warning statements permanently attached to the cot by means of gluing or mechanical fixing (nails or screws) of a metal plaque displayed on the upper half of the side or end of the cot.
15. Parts 28 to 34 inserted
After Part 27 insert:
Part 28 — Baby bath aids
76. Terms used
In this Part —
baby bath aid means a device designed to support a
baby while the baby is being bathed;
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safety alert symbol means a symbol consisting of an
exclamation mark inside an equilateral triangle with a
base of at least 30 millimetres, as depicted in
Schedule 2 to the notice under paragraph 31(1)(a) of
the Fair Trading Act 1987 (NSW) published in the
New South Wales Government Gazette No. 63 on
26 March 2004, at page 1721.77. Product safety standard for baby bath aids
The product safety standard for a baby bath aid consists
of the standard set out in Schedule 20.Part 29 — Balloon-blowing kits
78. Term used: balloon-blowing kits
In this Part —
balloon-blowing kits means goods that contain a substance capable of being used to make inflated balloons by the action of blowing the whole or a portion of the substance from a tube (not being a container) contained in the goods.
79. Product safety standard for balloon-blowing kits
(1) The product safety standard for balloon-blowing kits
consists of the standard set out in subregulation (2).(2)
The consumer product safety standard referred to in subregulation (1) consists of the requirement that the substance contained in balloon-blowing kits that is
capable of being used to make inflated balloons must
not contain benzene.
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Part 30 — Exercise cycles
80. Term used: exercise cycle
In this Part —
exercise cycle means a stationary device designed to be
used for personal physical exercise by means of an
activity simulating bicycle riding.81. Product safety standard for exercise cycles
The product safety standard for exercise cycles consists
of the standard set out in Schedule 21 Division 1, as
varied by Schedule 21 Division 2.Part 31 — Flotation toys and aquatic toys
82. Toys covered by this safety standard
(1) Flotation toys and aquatic toys that are —
(a)
designed or clearly intended for use in play by children under 14 years of age; and
(b)
intended to bear the mass of a child in water, whether inflatable or not,
whether or not worn or otherwise attached to the body,
including but not limited to —
(c) inflatable novelty shapes; and
(d)
inflatable toy boats, which by virtue of their size and design are intended for use in shallow water; and
(e) unattached complete or partial rings,
are flotation toys and aquatic toys to which the
standard in this Part applies.
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(2) The following flotation toys and aquatic toys are toys
to which the standard in this Part does not apply —(a) beach balls; (b) surfboards; (c) body/boogie boards;
(d) inflatable air beds;
(e) inflatable boats, which by virtue of their size and design are intended for use in deep water; (f) kickboards.
83. Product safety standard for flotation toys and aquatic toys
(1) On or before 31 March 2010, the product safety
standard for flotation toys and aquatic toys consists of
the standard set out in —
(a)
Schedule 22 Division 1, as varied by Schedule 22 Division 2; or
(b)
Schedule 22 Division 3, as varied by Schedule 22 Division 4.
(2) On and after 1 April 2010, the product safety standard
for flotation toys and aquatic toys consists of the
standard set out in Schedule 22 Division 3, as varied by
Schedule 22 Division 4.Part 32 — Swimming aids and flotation aids
84. Buoyancy aides covered by this safety standard
(1)
Swimming aids and flotation aids designed for children under 14 years of age, worn on or attached to the body or in which the user sits for the purpose of either
enabling them to gain confidence through water
familiarisation, or to assist them in acquiring unaided
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buoyancy through swimming tuition, including, but not
limited to —
(a) arm bands;
(b) attached rings;(c) swimming aid vests,
are swimming aids and flotation aids to which the
standard in this Part applies.
(2) The following swimming aids and flotation aids are
buoyancy aids to which the standard in this Part does
not apply —(a) inflatable novelty shapes;
(b) unattached complete or partial rings; (c) kickboards;
(d) articles designed for therapeutic use by disabled persons; (e) articles, including life jackets or other personal flotation devices, which are within the scope of AS 4758 Personal flotation devices, as at 8 April 2009.
85. Product safety standard for swimming aids and flotation aids
(1) On or before 31 March 2010, the product safety
standard for swimming aids and flotation aids consists
of the standard set out in —
(a)
Schedule 23 Division 1, as varied by Schedule 23 Division 2; or
(b)
Schedule 23 Division 3, as varied by Schedule 23 Division 4.
(2) On and after 1 April 2010, the product safety standard
for swimming aids and flotation aids consists of the
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standard set out in Schedule 23 Division 3, as varied by
Schedule 23 Division 4.
Part 33 — Protective helmets for motor cyclists
86. Product safety standard for protective helmets for motor cyclists
The product safety standard for protective helmets for
motor cyclists consists of the Australian Standard
1698-1988, “Protective Helmets for Vehicle Users”
published by the Standards Association of Australia on
9 May 1988, as varied by regulation 87.87. Variation of safety standard
The product safety standard for protective helmets for motor cyclists set out in regulation 86 is varied in the following manner —
(a) in clause 4.4 delete “AS 1609” and insert: AS 1609-1981
(b) delete clause 8(g).
Part 34 — Portable ramps for vehicles
88. Application of Part
This Part applies to portable ramps for vehicles with a
nominated capacity up to and including 1.5 tonnes.89. Product safety standard for portable ramps for vehicles
The product safety standard for portable ramps for
vehicles consists of the Australian Standard 2640-1994,
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“Portable Ramps for Vehicles” approved by Standards
Australia on 10 February 1994.16. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Test procedures for lighters
[Pt. 2]
Division 1 — General test procedures
1. The lighter must be maintained at a temperature of 23 ± 2 degrees Celsius for at least 10 hours immediately preceding testing in accordance with Divisions 2, 3 and 4.
2. The area in which tests are carried out must be maintained at a temperature of 23 ± 2 degrees Celsius during testing in accordance with Divisions 2, 4 and 5.
3. The lighter to be tested must be new, free of mechanical damage and must not (except where required by these Regulations) have been previously tested.
Division 2 — Flame height test procedures
4. The test must be carried out inside a draft free chamber constructed from suitable non-flammable material. The flame height must be measured to the nearest
10 millimetres.
5. Adjustable lighters must be tested with the lighter adjusted to produce the maximum flame height and then with the lighter adjusted to produce the minimum flame height.
6. The lighter must produce a flame for a continuous 5 second period and the flame height must be determined by measuring from the tip of the flame to the top of the flameguard or to the base of the flame (in the case of a
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lighter that does not have a flameguard) by means of a board positioned at least 25 millimetres behind the lighter which is marked with 10 millimetre increments.
Division 3 — Inversion test procedures
7. The lighter (adjustable lighters adjusted to produce a for a continuous 10 second period in a draft free chamber, while being held at 45 degrees below the horizontal.
Division 4 — Drop test procedures
8. The lighter must be allowed to fall three times onto a concrete surface from a point 1.5 metres above it, from the following positions —
(a) firstly, an upright position; (b) secondly, an inverted position; (c) thirdly, a horizontal position.
9. The lighter must be inspected after every fall and any spontaneous ignition or damage must be recorded.
Division 5 — Temperature test procedures
10. An oven capable of withstanding the explosion of a lighter when being tested and of maintaining a temperature of 54 ± 2 degrees Celsius must be used in the test.
11. The lighter must be placed in the oven for four hours during which time the oven temperature must be maintained at 54 ± 2 degrees Celsius.
12. The lighter when removed from the oven must, when cool, be tested in accordance with Division 3.
Division 6 — Pressure test procedure
13. The test apparatus must consist of a device capable of producing gauge pressure of 2 (MPa).
14. The lighter must be emptied of fuel.
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15. internal pressure equal to twice the vapour pressure at
The fuel reservoir of the lighter must be subjected to an The pressure rise must not exceed a rate of 69 kPa per second.
17. Schedule 4 replaced
Delete Schedule 4 and insert:
Schedule 4 — Standards for trolley jacks
[r. 24]
Division 1 — AS/NZS 2615:2004
1. The Standard
Australian/New Zealand Standard AS/NZS 2615:2004
Hydraulic Trolley Jacks, approved on behalf of the Council
of Standards Australia on 7 April 2004.Division 2 — Variations to AS/NZS 2615:2004
2. Clause 1
Delete clause 1 and insert:
1 SCOPE This Standard specifies requirements for the design,
construction, performance and labelling of hydraulic trolley
jacks up to and including 2.5 tonnes, designed to lift
vehicles. It does not include devices that raise an entire
vehicle.Requirements for vehicle jacks, i.e. jacks in which the load
is directly transferred from the head cap to the base, are
specified in AS/NZS 2693.
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3. Clause 5.4
Delete clause 5.4(a).
4. Clause 6.3
Delete clause 6.3 and insert:
6.3 Ease of operation
When the hydraulic trolley jack is tested in accordance with
Appendix A and the operating force exceeds 450 N,
Appendix F shall be used to determine the maximum
capacity of the hydraulic trolley jack using a maximum
operating force of 450 N.5. Clause 8
Delete clause 8(d).
18. Schedule 6 replaced
Delete Schedule 6 and insert:
Schedule 6 — Standards for vehicle support stands
[r. 28]
Division 1 — AS/NZS 2538:2004
1. The Standard
Australian/New Zealand Standard AS/NZS 2538:2004
Vehicle Support Stands, approved on behalf of the Council
of Standards Australia on 7 April 2004.
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Division 2 — Variations to AS/NZS 2538:2004
2. Clause 1
In clause 1 after “stands” insert:
up to and including 1.5 tonnes
19. Schedule 9 replaced
Delete Schedule 9 and insert:
Schedule 9 — Standard for children’s nightwear
[r. 33]
Division 1 — AS/NZS 1249:2003
1. AS/NZS 1249:2003
Australian/New Zealand AS/NZS 1249:2003 “Children’s
nightwear and limited daywear having reduced fire hazard”
published by Standards Australia on 29 December 2003.Division 2 — Variations to AS/NZS 1249:2003
2. Clause 0.1
Delete “It also covers requirements for the labelling of paper
patterns for these garments.”.3. Clause 1.2
Delete clause 1.2(a) and the note and insert:
(a)
Flame spread time When tested in accordance with ISO 6941 the flame spread time must be 12 s or greater in the lengthwise direction and the widthwise direction, and no one determination of the time to
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burn a test specimen must be less than 10 s in either the lengthwise direction or the widthwise direction. These requirements must be met before and after
washing in accordance with Appendix D.
Where there is insufficient length of sample to cut
test specimens in one piece, not more than two
pieces per specimen, cut in the same direction, may
be butt jointed but not overlapped. The butt join
must be secured with five light weight staples
spaced evenly across the test specimen. The join
must not be below the centre of the specimen when
attached to the vertical test frame specified inISO 6941.
If, after a repeat test, as required by the relevant
clause of ISO 6941, three or more specimens fail to
burn to the third marker thread in the lengthwise
direction, and three or more specimens fail to burn
to the third marker thread in the widthwise direction,
the material is deemed to have passed the flamespread time test.
NOTE: If in any one set of three specimens, one result exceeds the lowest result by 50 percent for no apparent reason,
or, if one or two specimens fail to reach one of the marker
threads, another specimen is required to be tested for that
direction or face.4. Clause 1.3
In clause 1.3 delete “Other trims shall meet the following
requirements:” and insert:The outer fabric of a composite or appliquéd area shall be
considered the fabric face and shall be tested so that the
flame impinges on that surface. Other trims shall meet the
following requirements:
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5. Clause 5.4
In clause 5.4(b)(iii) delete “Grey Scale 4.” and insert:
Grey Scale 3.
6. Clause 5.5
In clause 5.5(g) delete “not less than 4.” and insert:
not less than 3.
7. Clause 5.6
Delete clause 5.6.
20. Schedule 10 replaced
Delete Schedule 10 and insert:
Schedule 10 — Standard for paper patterns for
children’s nightwear
[r. 34]
Division 1 — AS/NZS 1249:2003
1. AS/NZS 1249:2003
Australian/New Zealand AS/NZS 1249:2003 “Children’s
nightwear and limited daywear having reduced fire hazard”
published by Standards Australia on 29 December 2003.
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Division 2 — Variations to AS/NZS 1249:2003
2. Clause 0.5
(1) Delete clause 0.5.3 including the notes. (2) Delete clause 0.5.10 including the notes. 3. Clause 5.6
In clause 5.6 delete “shall bear a warning paragraph” and
insert:shall bear a clearly legible warning paragraph
21. Schedule 11 amended
Delete Schedule 11 clause 2 and insert:
2. Clauses 1.1 and 1.2
Delete clauses 1.1 and 1.2.
22. Schedule 12 amended
(1) Delete Schedule 12 Division 1 clause 1. (2) In Schedule 12 Division 2:
(a) delete Subdivision 1; (b) delete clause 9 and insert: 9. Clause 2.6
Clause 2.6 insert a new paragraph:
Only lenses with labels, decorations or markings (other than those intended to be removed before
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r. 23
use) within the area of the 2 ellipses defined in
clause 3.2.1 shall meet the requirements of
clause 2.6 when tested in accordance with
Appendix G (see also clause 3.2.2).23. Schedule 13 amended
(1) Delete Schedule 13 Division 1 clause 1. (2) In Schedule 13 Division 2:
(a) delete Subdivision 1; (b) delete clause 42 and insert: 42. Clause B.4.1
Delete the third sentence, which commences “Age
grades…”.
24. Schedules 20, 21, 22 and 23 inserted
After Schedule 19 insert:
Schedule 20 — Standard for baby bath aids
[r. 77]
1. Form and content of warning
(1)
Subject to subclause (4), a baby bath aid and any packaging in which the baby bath aid is supplied must bear a warning containing —
(a)
a notice stating “WARNING — Children have DROWNED while using bath aids. This is NOT a safety device. ALWAYS keep baby within arm’s reach. NEVER leave baby in care of children.”; and
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(b)
2 safety alert symbols, placed immediately to the left and right of the notice.
(2) On both a baby bath aid and any packaging in which the
baby bath aid is supplied —
(a) that part of the warning consisting of the notice must include — (i) the word “WARNING” in capital letters at least 10 mm high; and
(ii) the words “DROWNED”, “NOT”,
“ALWAYS” and “NEVER” in capital
letters at least 5 mm high; and(iii) the remaining words in lower case letters at least 2.5 mm high;
and (b) the warning must be — (i) permanently affixed to the baby bath aid and any packaging; and
(ii) prominently and conspicuously displayed;
and(iii) in a contrasting colour to the colour of the baby bath aid and of any packaging.
(3) The warning on the baby bath aid must —
(a) be on the upper surface of the baby bath aid; and (b) be visible to a person when a baby is in the baby bath aid; and (c) not contain any ink, colouring or other material that subjected to bathing conditions.
(4) If the packaging in which a baby bath aid is supplied is
colourless and transparent, and the warning on the baby bath
aid is clearly legible to a person through the packaging, the
warning is not required on that packaging.
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Schedule 21 — Standard for exercise cycles
[r. 81]
Division 1 — AS 4092:1993
1. AS 4092:1993
Australian Standard 4092:1993 “Exercise cycles — Safety
requirements” approved by the Standards Association of
Australia on 26 August 1993 and published on
11 October 1993.Division 2 — Variations to AS 4092:1993
2. Variations
The Standard specified in clause 1 is varied by deleting
clauses 1.1, 1.2, 1.3.1, 3.3 and 4.1.Schedule 22 — Standard for flotation toys and
aquatic toys
[r. 83]
Division 1 — AS 1900-1991
1. AS 1900-1991
Australian Standard AS 1900-1991 Flotation toys and
swimming aids for children, approved by Standards
Australia on 12 July 1991 and incorporating all amendments
approved by Standards Australia as at 8 April 2009.Division 2 — Variations to AS 1900-1991
2. Variations
The Standard specified in clause 1 is varied in the following
manner —
(a) delete the text in clause 1.1 and insert:
SCOPE This Standard specifies requirements for flotation toys which are:
(a)
designed or clearly intended for use in play by children under 14 years of age; and
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(b)
intended to bear the mass of a child in water, whether inflatable or not;
whether or not worn or otherwise attached to the
body.
(b) delete clause 1.3.5; (c) delete the text in clause 1.3.6 and insert: Flotation toy – an article which is:
(a)
designed or clearly intended for use in play by children under 14 years of age; and
(b)
intended to bear the mass of a child in water, whether inflatable or not;
whether or not worn or otherwise attached to the
body.
(See Figure 1.1)
(d) delete clause 1.3.7; (e) in Figure 1.1: (i) delete the text “Kickboards” as it appears in relation to “Flotation toys”; and
(ii) delete the text “AND SWIMMING AIDS” as it appears in the heading; and
(iii) delete the part of the figure relating to the classification of “Swimming aids”;
(f) in clause 2.5 delete the text “, and swimming aid vests shall retain sufficient buoyancy to comply with Clause 7.2.3”; (g) delete clause 2.8; (h) delete clause 2.10; (i) in clause 3.1 delete the text:
(a) kickboards; (b) inflatable novelty shapes;
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(c) inflatable toy boats (see Clause 1.3.8) and; (d) inflatable pontoon shoes. and insert:
(a) inflatable novelty shapes; (b) inflatable toy boats (see Clause 1.3.8) and; (c) inflatable pontoon shoes.
(j) delete clause 5; (k) delete clause 6; (l) delete clause 7; (m) in clause 8.1.1 delete the text “and swimming aids”; (n) in clause 8.1.2 delete the text “Any flotation toy, including all inflatable novelty shapes, inflatable toy boats and all flotation rings but excluding kickboards,” and insert:
All flotation toys
(o) delete clause 8.1.3; (p) delete clause 8.1.4; (q) delete clause 8.1.5; (r) in clause 8.1.6 delete the text “Clauses 8.1.2 to 8.1.5” and insert: Clause 8.1.2
(s) in clause 8.2 delete the text “Clauses 8.1.2 to 8.1.5” and insert: Clause 8.1.2
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(t)
in Appendix A delete the text “or swimming aid” in the first paragraph;
(u) delete Appendix B. Division 3 — AS/NZS ISO 8124.1:2002
3. AS/NZS ISO 8124.1:2002
The following parts of 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 —
(a) clauses 3.2, 4.19, C.2.6, and E.33; (b)
the variations to clauses 4.19, C.2.6, and E.33 contained in Appendix ZZ.
Division 4 — Variations to AS/NZS ISO 8124.1:2002
4. Variations
The Standard specified in clause 3 is varied by —
(a) delete the text in clause 3.2 and insert: aquatic toy
article, which is:
(a)
designed or clearly intended for use in play by children under 14 years of age; and
(b)
intended to bear the mass of a child in water, whether inflatable or not;
whether or not worn or otherwise attached to the
body.
(b)
in Appendix ZZ, for the variation to Clause C.2.6, insert the text “indelible” after the word “following” and before the word “warning”;
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(c)
in Appendix ZZ, for the variation to Clause E.33, insert the text “of the first paragraph” after the text “last sentence”.
Schedule 23 — Standard for swimming aids and
flotation aids
[r. 85]
Division 1 — AS 1900-1991
1. AS 1900-1991
Australian Standard AS 1900-1991 Flotation toys and
swimming aids for children, approved by Standards
Australia on 12 July 1991 and incorporating all amendments
approved by Standards Australia as at 8 April 2009.Division 2 — Variations to AS 1900-1991
2. Variations
The Standard specified in clause 1 is varied in the following
manner —
(a) delete the text in clause 1.1 and insert:
SCOPE This Standard specifies requirements for swimming aids designed for children under 14 years
of age worn on or attached to the body or in which
the user sits for the purpose of either enabling them
to gain confidence through water familiarisation, or
to assist them in acquiring unaided buoyancy
through swimming tuition.(b) delete the text in clause 1.3.5 and insert: Swimming aid – an article which is designed for
children under 14 years of age worn on or attached
to the body or in which the user sits for the purpose
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of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition (see
Figure 1.1).
(c) delete clause 1.3.6; (d) delete clause 1.3.8; (e) in Figure 1.1: (i) delete the text “FLOTATION TOYS AND” as it appears in the heading; and
(ii) delete the part of the Figure relating to the classification of flotation toys;
(f) delete clause 2.10; (g) delete clause 3; (h) delete clause 4; (i) in clause 8.1.1 delete the text “flotation toys and”;
(j) delete clause 8.1.2; (k) delete clause 8.1.5; (l) in clause 8.1.6 delete the text “8.1.2 to 8.1.5” and insert: 8.1.3 and 8.1.4
(m) in clause 8.2 delete the text “8.1.2 to 8.1.5” and insert: 8.1.3 and 8.1.4
(n)
in Appendix A in the first paragraph delete the text “flotation toy or”.
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Division 3 — AS 1900-2002
1. AS 1900-2002
Australian Standard AS 1900-2002 Flotation aids for water
familiarization and swimming tuition, approved by
Standards Australia on 30 November 2001.Division 4 — Variations to AS 1900-2002
2. Variations
The Standard specified in clause 3 is varied in the following
manner —
(a) delete the text in clause 1.1 and insert:
SCOPE This Standard specifies requirements for flotation aids designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy
through swimming tuition.
(b) delete the text in clause 1.4.1 and insert: Flotation aid
An article which is designed for children under
14 years of age worn on or attached to the body or
in which the user sits for the purpose of either
enabling them to gain confidence through water
familiarisation, or to assist them in acquiring
unaided buoyancy through swimming tuition.(c) delete clause 1.4.4; (d) delete clause 2.1.1;
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(e)
in clause 2.7, delete “Failure or deflation of any chamber shall not affect the security of fit of the aid, as required by Clause 2.1.1.”.
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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