Fair Trading (Product Safety Standard) Amendment Regulations (No. 3) 2006 (WA)

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1460 GOVERNMENT GAZETTE, WA 20 October 2006

CE303*

Standard) Amendment Regulations (No. 3) 2006.

Fair Trading Act 1987

Fair Trading (Product Safety Standard)

Amendment Regulations (No. 3) 2006

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.            Citation

These regulations are the Fair Trading (Product Safety

20 October 2006 GOVERNMENT GAZETTE, WA 4461

2.           The regulations amended

The amendments in these regulations are to the Fair Trading
(Product Safety Standard) Regulations 2001*.
[* Reprint 1 as at 7 October 2005.

For amendments to 21 September 2006 see Gazette
21 March 2006.]

3.            Parts 18 to 20 inserted After regulation 44 the following Parts are inserted

Part 18 - Basketball rings and backboards

45.          Warnings labels

(1) Every basketball ring or backboard must when supplied

be accompanied by -

(a) a warning; and

(b) a warning symbol.

(2) The warning mentioned in subregulation (1)(a) -

(a)

"WARNING: IMPROPER INSTALLATION

must contain the words - CAUSE SERIOUS INJURY OR DEATH"; and

(b)

must be clearly legible, in upper case, in red letters on a white background; and

(c)

for the word "WARNING:" - must be in characters not less than 15 mm in height; and

(d)

for the words other than the word "WARNING:" - must be in characters not less than 10 mm in height.

(3) The warning symbol mentioned in subregulation (1)(b) -

(a)

must be in the form of the graphic set Out in Schedule 14; and

(b)

for the circle that forms part of the graphic - must have a diameter of not less than 120 mm from outer edge to outer edge; and

(c)

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

(d)

for the basketball player figure that forms part of the graphic - must be entirely black; and

(e)

for the ring and backboard that form part of the graphic - must be outlined in black.

4462 GOVERNMENT GAZETTE, WA 20 October 2006

(4) If a basketball ring or backboard is supplied in a

package, the warning and warning symbol mentioned
in subregulation (1) must accompany the ring or

backboard by being marked -

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

(b)

on a label affixed in a conspicuous position on the package.

(5) If a basketball ring or backboard is not supplied in a
package, the warning and warning symbol mentioned
in subregulation (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 affixed in a conspicuous position on the ring or backboard; or
(c) on a tag attached in a conspicuous position on the ring or backboard.

46.          Permanent warning on backboard

(1) Every basketball backboard must when supplied be
accompanied by a warning that is permanently marked
on the backboard.
(2) A warning mentioned in subregulation (1)-

(a)

"WARNING: SWINGING ON THE RING

must contain the following words - DEATH"; and

(b)

must be clearly legible, in characters not less than 10 mm 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.

Part 19 - Household cots

47.          Interpretation

In this Part -
"AS/NZS 2172:2003" means the Australian/New

Zealand Standard AS/NZS 2172:2003 "Cots for household use - Safety requirements", approved by Standards Australia on 19 September 2005 as amended by Amendment No. 1 of 9 January 2006;

"cot" means a cot, as defined in AS/NZS 2172:2003,

to which that standard applies.

20 October 2006 GOVERNMENT GAZETTE, WA 4463

48.          Product safety standard for cots

(1) This regulation applies on and after 1 November 2006.
(2) The product safety standard for new cots consists of
AS/NZS 2172:2003 varied by deleting clauses 1, 2, 4,
6.1(f), 7, 8, 9.2(c) and 10.
(3) The product safety standard for second hand cots
consists of AS/NZS 2172:2003 varied by -
(a) deleting clauses 1, 2, 4, 6.1(f), 6.1(g), 6.8(c), 6.8(d), 6.8(e), 7, 8, 9.2(b), 9.2(c), 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 10, 11 and 12; and
(b) "5

amending clause 6.7 by deleting mm" and " 8 mm "

49.          Antique or collectable cots

(1) The product safety standards prescribed by

regulation 48 do not apply in relation to an antique or

collectable cot if the cot when supplied -

(a)

is accompanied by a certificate from the supplier to the consumer stating that it is not safe to place a child in the cot; and

(b)

has clearly visible external and internal warning statements permanently attached (by means of glue, nails or screws) to the upper half of the side or end of the cot.

(2) A warning statement mentioned in

subregulation (1)(b) -

(a)

must contain the following words - "WARNING: this cot does not meet the mandatory safety standard.

For display purposes only.
It is dangerous to place a child in this cot."; and

(b)

must be capitalised and underlined as set out in paragraph (a); and

(c)

must have lettering that is in sharp contrast to the background; and

(d)

for the capital letters - must be in characters not less than 5 mm in height; and

(e)

for the lower case letters - must be in characters not less than 2.5 mm in height.

4464 GOVERNMENT GAZETTE, WA 20 October 2006

Part 20 - External corded blinds

50.          Interpretation

In this Part—
"blind" includes a screen, shade, awning or other

window covering;

"bottom rail" of a blind means the rail, rod, batten or other rigid component forming the bottom edge of the blind when it is fully lowered, or if the blind

does not have a rigid bottom edge, the bottom edge

of the blind;

"external corded blind" means a blind that is -

(a) designed to be raised and lowered by means of a pull cord which forms a closed loop with a circumference exceeding 300 mm; and
(b) supplied for external use;

"pull cord" means a rope, string, cord, strap or other flexible component by means of which a blind is raised and lowered.

51.          Design

(1) Every external corded blind must be designed to

incorporate -

(a) a device that enables the pull cord to be secured

in a manner that -

(i)     maintains tension on the pull cord; and

(ii)     holds the pull cord as close as practicable to the blind or to the wall or surface on which the blind is mounted; and

(iii)     holds the pull cord out of reach of

young children;

and

(b) a device that enables the bottom rail of the

blind, when the blind is lowered, to be secured
to the ground, a wall or another surface in a
manner that maintains tension on the bottom

rail.

(2) Every external corded blind must when supplied be

accompanied by all the screws or other fasteners required to install all components of the devices referred to in subregulation (1).

20 October 2006 GOVERNMENT GAZETTE, WA 4465

52.          Warning labels

(1) Every external corded blind must when supplied -

(a)

have attached to the bottom rail a warning label in the form set Out in Schedule 15 clause 1; and

(b)

have attached to the blind a warning label in the form set Out in Schedule 15 clause 2; and

(c)

have attached to each of the devices referred to in regulation 51(1) a warning label in the form set out in Schedule 15 clause 3 containing an

explanation of how the device is designed to
operate and how it should be used to minimise
the risk to young children of strangulation.

(2) On a warning label referred to in subregulation (1) -

(a) the word "WARNING" must be in letters not less than 8 mm in height; and
(b) the other capital letters must be not less than 3 mm in height; and
(c) the top panel of the label must be orange with the word "WARNING" and triangular symbol in black.

53.          Installation instructions

(1) Every external corded blind must when supplied be

accompanied by written information that -

(a) explains how to install -

(i)     the blind; and

(ii)     each of the devices referred to in

regulation 5 1(1);

and

(b) incorporates a copy of the warning label

referred to in regulation 52(1)(b).

(2) This regulation does not apply in relation to a blind that

is installed by the supplier or a person engaged by the
supplier.

4466 GOVERNMENT GAZETTE, WA 20 October 2006

4.            Schedules 14 and 15 inserted

After Schedule 13 the following Schedules are inserted

Schedule 14 - Warning symbol for basketball

rings and backboards

[r. 45(1 )(b)]

Schedule 15 - Warning labels for external
corded blinds

[r. 52]

1.              Bottom rail warning label

A WARNING

Blind cords may create a strangulation hazard for young children.

KEEP BLIND CORDS OUT OF REACH OF YOUNG CHILDREN

2.              Blind warning label

A WARNING

Blind cords may create a strangulation hazard for young children. KEEP BLIND CORDS OUT OF REACH OF YOUNG CHILDREN

20 October 2006 GOVERNMENT GAZETTE, WA 4467

3.             Tension device warning label

A WARNING

[Explanation of how the device is designed to operate and
how it should be used to minimise the risk to young children

of strangulation. See examples below.]

KEEP BLIND CORDS OUT OF REACH OF YOUNG CHILDREN

Examples of explanations for tension device warning label
to be modified or adapted as required, depending on the type of

device used.

Example 1: cleat style pull cord tension device

reach of young children.
Fix the cleat securely to a wall or other surface out of
reach of young children. Pull the cord taut and wind it
tightly around the cleat to hold it in place and keep it out
of reach of young children.

This cleat is to secure the pull cord and keep it out of be out of reach of young children.

Example 2: plate and straps style bottom rail tension device

rail in place when the blind is lowered.
Fix the anchor plates securely to a wall or other surface.
When the blind is lowered use the straps to hold the
bottom rail in place and under tension.

These straps and anchor plates are to secure the bottom children becoming entangled in the cords looped around the rail.

By Command of the Lieutenant-Governor and deputy of the Governor,

G. M. PIKE, Clerk of the Executive Council.

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