Fair Trading (Product Safety Standards) Regulation 2000 (NSW)
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Act 1987.
Minister for Fair Trading
This Regulation is the Fair Trading (Product Safety Standards) Regulation 2000.
This Regulation commences on 1 September 2000.
This Regulation replaces the Fair Trading (Product Safety Standards) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
The standards set out in the Schedules to this Regulation are prescribed under section 26 of the Act as product safety standards for the goods to which those Schedules apply.
The consequences of failing to comply with a product safety standard are set out in section 27 of the Act.
The product safety standards prescribed by this Regulation do not apply to the supply of goods in the following circumstances:
(a) if the supplier reasonably believes that the goods will not be used in New South Wales,
(b) if the goods are supplied as scrap, that is, for the value of the materials of which the goods are composed and not for use as finished articles,
(c) in the case of goods supplied under a credit sale contract (within the meaning of the Credit Act 1984) or under a hire-purchase agreement, if the supplier has at no time had possession of the goods and only became the owner of the goods at or after the time of entering into the agreement,
(d) in the case of goods that are damaged, if the goods are supplied to a person who carries on a business of buying damaged goods and repairing or reconditioning them for resale, or to a person by whom the goods were insured against damage,
(e) in the case of goods that are let on hire, or that are supplied to another person for the purpose of being let on hire by the other person, if the letting is incidental to the letting of premises or if the letting was lawful at the time when it began.
For the purposes of this Regulation, goods do not fail to comply with a standard referred to in a Schedule relating to those goods only because they do not comply with a provision of the standard:
(a) that is expressed to be a recommendation, or
(b) in relation to which the word “should” or “preferably” is used to indicate that the provision is of an advisory nature only.
In this Schedule:
(a) that is used as the main suction point for the filter pump and is intended to draw water from the pool surface to remove and collect debris, and
(b) that resembles a child’s chamber-pot and is commonly known as a potty skimmer.
The product safety standard prescribed for swimming pools having outlets in the form of potty skimmers is that each such outlet must comply with Clause 4.2 of AS 1926.3.
In this Schedule:
The product safety standard prescribed for spas having outlets in the form of potty skimmers is that the spas are constructed so that:
(a) each pump is connected to at least 2 outlets from the spa by means of a common line, and
(b) the pipes of all outlets connected to the common line have the same diameter, and
(c) at least 2 outlets on the common line function at the same time (except when the spa is being cleaned), and
(d) each outlet connected to the common line is at least 600 millimetres distant from every other outlet connected to that line, and
(e) each potty skimmer:
(i) is fitted with a lid complying with clause 3, and
(ii) passes the single blockage and total blockage tests set out in clauses 5 and 6, and
(f) each outlet other than a potty skimmer:
(i) is fitted with a protective cover that can be removed only with the use of a tool, and
(ii) complies with clause 4.
A lid for a potty skimmer must carry the following warning:
• WARNING: LID IS NOT TO BE REMOVED WHILE SPA IS OPERATING
The warning:
(a) must be visible on the upper surface of the lid, and
(b) must be moulded or engraved in (or otherwise permanently attached to) the lid in such a way that it will remain legible despite normal use and handling of the lid, and
(c) must show the word “WARNING” in upper case letters at least 5 millimetres high, and
(d) must show the remaining words in upper case letters at least 2.5 millimetres high.
An outlet other than a potty skimmer (whether surface mounted or not):
(a) must pass the Hair Entrapment Test set out at Clauses 5.1–5.3 of ANSI A112 (in which an outlet is referred to as a “suction fitting”), or
(b) must comply with Clause 5.1 (a) of AS 1926.3.
The single blockage test for a potty skimmer is to be conducted as follows:
(a) the potty skimmer lid, and any other safety features of the potty skimmer that can be removed without the use of a tool or excessive force, is to be removed,
(b) the spa is to be operating with other normal safety features (such as cut-out switches, if supplied, and protective covers on outlets other than potty skimmers) functioning or in place,
(c) after the spa has been operating for at least one minute, the potty skimmer is to be blocked.
Suction in the blocked potty skimmer is to be measured for at least 15 seconds after the blockage.
The suction must not exceed 12 kilopascals.
The total blockage test for a potty skimmer is to be conducted as follows:
(a) the potty skimmer lid, and any other safety features of the potty skimmer that can be removed without the use of a tool or excessive force, is to be removed,
(b) the spa is to be operating with other normal safety features (such as cut-out switches, if supplied, and protective covers on outlets other than potty skimmers) functioning or in place,
(c) after the spa has been operating for at least one minute, all outlets are to be blocked simultaneously, with outlets other than surface mounted outlets being sealed.
Suction in the blocked potty skimmer is to be measured for at least 15 seconds, beginning one second after blockage.
The suction must not exceed 1 kilopascal.
In this Schedule:
(a) glasses for special use (such as glasses for use while target shooting) that do not primarily provide protection against sunglare or radiation from natural sunlight in the circumstances set out in Clause 1.3.7.2 or 1.3.7.3 of AS 1067.1, or
(b) goggles that are held in position by means of a strap passing around the back of the head, or
(c) glasses that, in industrial environments, provide protection from radiation other than solar radiation or protection from physical impact, or
(d) glasses for use as toys that are clearly and legibly labelled as toys.
The product safety standard prescribed for sunglasses and fashion spectacles is that they must comply with AS 1067.1.
For the purposes of this Schedule, AS 1067.1 is taken to have been amended as follows:
(a) by omitting Clause 1.1,
(b) by inserting in Clause 2.2.1 (b) after the words “this point” the following words:
except for children’s sunglasses.
Children’s sunglasses with frames too small for measurement from 32 millimetres from the centreline of the frame are to be measured at 6 selected points within a circle of 30 millimetres diameter around the datum centre of each lens.
(c) by inserting in Clause 2.2.1 (c) after the words “these points” the following words:
except for children’s sunglasses.
Children’s sunglasses with frames too small for measurement from 32 millimetres from the centreline of the sunglass are to be measured from a point 25% of the width of the lens measured on either side of the centreline that 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 millimetres diameter centred on the points.
(d) by omitting the box around the marking set out in Clause 4.2.2,
(e) by omitting the box and the words contained in the box from Clause 4.2.3.
In this Schedule:
(a) that has a wheelbase of less than 640 millimetres, or
(b) that is designed, promoted and supplied primarily for use in cycling competitions, or
(c) that is a one-of-a-kind bicycle, being a bicycle that is uniquely constructed to the specifications of an individual consumer, or
(d) that is 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) that is a tandem bicycle, or
(f) that is a second-hand bicycle.
The product safety standard prescribed for pedal bicycles is that:
(a) until the end of 31 October 2000, they must comply with AS/NZS 1927–1989, and
(b) from 1 November 2000, they must comply with AS/NZS 1927–1998.
For the purposes of this Schedule, AS/NZS 1927–1989 is taken to have been amended as follows:
(a) by omitting clause 1.2,
(b) by omitting clause 1.5 (a) and inserting instead:
(a) The registered name and address of the Australian manufacturer or assembler or the registered name and address of the Australian distributor of the pedal bicycle.
(c) by omitting from clauses 1.1. 2.1, 3.1 and 4.1 the word “sale” and inserting instead “supply”,
(d) by omitting from clause 2.14.2.8 the word “provided” and inserting instead the word “fitted”.
For the purposes of this Schedule, AS/NZS 1927–1998 is taken to have been amended as follows:
(a) by omitting clause 1.2,
(b) by omitting from clause 1.3 the words “New Zealand Traffic Regulations 1976”,
(c) by omitting from clause 1.5 (a) the words “or New Zealand”,
(d) by omitting clause 2.15.1,
(e) by omitting from clause 2.16 the words “Note: There is no regulatory requirement in New Zealand for a warning device to be fitted to a bicycle”,
(f) omitting clause 2.17.1.
In this Schedule:
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The product safety standard prescribed for protective helmets for pedal cyclists is that, until the end of 31 August 2001, they must comply with:
(a) both:
(i) Part 1 of AS 2063.1–1986, and
(ii) Part 3 of AS 2063.2–1990, or
(b) Part 1 of AS/NZS 2063–1996, or
(c) Snell standards.
The product safety standard prescribed for protective helmets for pedal cyclists is that, on and from 1 September 2001, they must comply with:
(a) Part 1 of AS/NZS 2063–1996, or
(b) Snell standards.
This Schedule does not apply to the following helmets:
(a) helmets that are of a size too small to be fitted to Headform A as defined in AS 2512.1–1984,
(b) helmets that are designed and constructed principally for use by cyclists engaged in competitive racing and that are marked in accordance with subclause (2),
(c) helmets that are designed and constructed principally for use as toys and that are marked in accordance with subclause (3), or that are not so marked but are unlikely to be mistaken for helmets providing significant protection against impact.
In the case of a helmet of the kind referred to in subclause (1) (b), the words “WARNING: racing headgear only—inadequate impact protection for normal road use” must be marked clearly and legibly in a conspicuous position:
(a) on the helmet or on a label attached to the helmet, and
(b) on a principal outer display face of any packaging in which the helmet is supplied,
with the word “WARNING” in capital letters at least 5 millimetres high and the remaining words in letters at least 2.5 millimetres high.
In the case of a helmet of the kind referred to in subclause (1) (c), the words “WARNING: toy helmet only—do not use as safety headgear” must be marked clearly and legibly in a conspicuous position:
(a) on the helmet or on a label attached to the helmet, and
(b) on a principal outer display face of any packaging in which the helmet is supplied,
with the word “WARNING” in capital letters at least 5 millimetres high and the remaining words in letters at least 2.5 millimetres high.
For the purposes of this Schedule, AS 2063.1–1986 is taken to have been amended follows:
(a) by inserting after Clause 3 the following Clause:
3A Interpretation For the purposes of the Standard the following meanings apply:
Helmet means a devise worn on the head, designed to mitigate the adverse effects of a blow to the head within a specified area.Positioning index means the distance, as specified by the manufacturer, from the lowest point of the brow opening at the lateral midpoint of the helmet to the basic plane of a reference headform, when the helmet is firmly and properly positioned on the reference headform.(b) by inserting after Clause 6.2.1 the following Clause:
6.2.1.1 A helmet when tested to the requirements of Clause 6.2.2 is to be conditioned to one of the conditioning procedures specified in AS 2512.2 for ambient temperature, low temperature, high temperature and water immersion and is to comply with the requirements of Clause 6.2.2 irrespective of which conditioning procedure specified in AS 2512.2 has been applied.
For the purposes of this Schedule, AS 2063.2–1990 is taken to have been amended follows:
(a) by omitting Clause 1,
(b) by omitting Clause 3 and by inserting instead:
3 Basic performance requirements Helmets for pedal cyclists, other than BMX helmets, are to comply with AS 2063.1–1990, but need not comply with provisions regarding:
(a) hard shell, or
(b) ventilation openings, or
(c) resistance to penetration, or
(d) type testing.
3A BMX Helmets Helmets designed and constructed principally for use by cyclists engaged in BMX competition racing are to comply with AS 2063.2–1990 but need not comply with clause 4 of AS 2063.3–1990. Such helmets are to comply with AS 2063.1–1986, but need not comply with clause 7.3.2 of AS 2063.1–1986 or with those provisions of AS 2063.1–1986 regarding ventilation openings or type testing.
(c) by omitting the note to Clause 8.
For the purposes of this Schedule, AS 2063–1996 is taken to have been amended follows:
(a) by omitting Clause 1,
(b) by inserting after clause 5.6 the following:
5.7 BMX Helmets Helmets designed and constructed principally for use by cyclists engaged in BMX competition racing need not comply with provisions regarding ventilation openings or type testing.
(c) by omitting “or load distribution (Clause 7.6)” from Clause 7.1.2 (a),
(d) by omitting Clause 7.1.3 and by inserting instead:
7.1.3 Test sites For the purpose of the impact energy attenuation test the helmets are to be tested at four sites above the test line defined in AS/NZS 2512.1–1996.
Note— Test sites should be marked on the helmet prior to testing.
(e) by omitting Clause 7.6,
(f) by omitting Clause 8.1 (e).
In this Schedule:
The product safety standard prescribed for protective helmets for use by motor cyclists is that they must comply with AS 1698.
For the purposes of this Schedule, AS 1698 is taken to have been amended as follows:
(a)
by omitting from Clause 4.4 the matter “AS 1609” and by inserting instead the matter “AS 1609–1981”,
(b) by omitting Clause 8 (g).
In this Schedule:
(a) rattles, dummies, toy dummies, teethers and squeeze toys, and
(b) toys to be affixed to a crib, stroller, playpen or baby carriage, and
(c) pull and push toys, pounding toys, blocks and stacking toys, and
(d) toys for use in bath-tubs, and
(e) rocking, spring and stick horses and other figures, and
(f) musical chime toys and jacks-in-the-box, and
(g) stuffed, plush and flock animals and other figures, and
(h) games, puzzles and dolls, and
(i) toy cars, trucks and other vehicles,
but not including:
(j) balloons, marbles and gramophone records, or
(k) books, or
(l) writing materials, including crayons, chalk, pencils and pens, or
(m) paints (including finger paints and water paints), paint brushes and other painting implements, or
(n) modelling materials, including clay, plasticine and play-dough, or
(o) flotation aid toys, or
(p) bicycles having a wheelbase of at least 640 millimetres, or
(q) toys that are made wholly from highly porous fabric material such as cheesecloth, or
(r) 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), or
(s) goods supplied in a wholly or partially unassembled state for assembly by an adult after supply, provided that, when assembled in accordance with the instructions supplied in writing with the goods, the goods comply with the requirements of this Schedule, or
(t) toys made from closed cell polyethylene, ethylene vinyl acetate or like material with the word “WARNING” in red upper case letters at least 5 millimetres high on a white background adjacent to the words “NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD” in red upper case letters at least 2.5 millimetres high on a white background marked legibly in a conspicuous position:
(i) on the toys, or
(ii) if the toys are displayed in packaging for retail sale—on a principal outer display face of the packaging in which the toys are displayed.
The product safety standard prescribed for children’s toys is that they must comply with Clauses 4.2, 4.3, 4.4, 4.5, 4.9, 4.10, 4.11, 4.12, 4.16, 4.20, 4.21, 4.22, 4.23, 4.24, 4.25, 4.26, 7.1, 7.2, 7.10 (d), 7.15.6 (a) (iv), 9.4 and 10 and Appendix A, Appendices D to S inclusive and Appendices U and V of AS 1647.2.
For the purposes of this Schedule, AS 1647.2 is taken to have been amended as follows:
(a) by omitting Clause 7.2 and by inserting instead the following Clause:
7.2 Stuffed Toys. Stuffed toys must not produce an ingestion or inhalation hazard if tested in accordance with Appendix O.
(b) by omitting from Clauses 10.2.1, 10.3.1–10.3.4, 10.3.6, 10.3.7, 10.3.10 and 10.3.13 the words “a hazardous sharp edge, a hazardous sharp point or, if applicable,” wherever occurring,
(c) by omitting from Clauses 10.3.5 and 10.3.11 the words “a hazardous sharp edge, a hazardous sharp point or”,
(d) by omitting from Clause 10.3.9 the words “fracture or break” and by inserting instead the words “produce an ingestion or inhalation hazard”,
(e) by inserting in Clause 10.3.14 the words “and that produce an ingestion or inhalation hazard” after the word “toy” where secondly occurring,
(f) by omitting from Clause 10.3.15 the words “shall not—” and paragraphs (a) and (b) and by inserting instead the words “shall not produce an ingestion or inhalation hazard, or”,
(g) by omitting the word “If” from Clause D5 and by inserting instead the words “Subject to Clause 9.4, if”,
(h) by omitting from paragraphs F5 (d), G6 (i), H5 (f), I5 (g), J5 (e), K5 (h), L5 (f), M5 (h), N6 (i), Q5 (g) and R5 (h) all words after the word “with” wherever occurring and by inserting instead the matter “Appendix D”,
(i) by omitting paragraphs K6 (a) and K6 (b) and subparagraphs F6 (d) (i), F6 (d) (ii), G7 (c) (i), G7 (c) (ii), H6 (c) (i), H6 (c) (ii), I6 (d) (i), I6 (d) (ii), J6 (b) (i), J6 (b) (ii), L6 (b) (i), L6 (b) (ii), M6 (d) (i), M6 (d) (ii), N7 (d) (i), N7 (d) (ii), Q6 (a) (i), Q6 (a) (ii), R6 (d) (i) and R6 (d) (ii),
(j) by omitting from paragraphs L5 (b) and L5 (g) the words “a hazardous sharp edge, hazardous sharp point or” wherever occurring,
(k) by omitting from Clause N2 the words “neither developed a hazardous sharp edge nor a hazardous sharp point, nor, if applicable, produced” and by inserting instead the words “did not produce”,
(l) by inserting in paragraph U6 (b) the words “and whether these objects produced an ingestion or inhalation hazard” after the word “outlet”,
(m) by omitting from paragraph V6 (a) the words “fractured through the entire thickness or matter visible to the naked eye has become detached from any portion of the test specimen” and by inserting instead the words “produced an ingestion or inhalation hazard”.
In this Schedule:
(a) rings, partial rings, arm bands, and kick boards, that are inflatable, hollow moulded or made substantially from expanded foam, and
(b) inflatable toy boats having fewer than 3 separate chambers, or having a length and width the sum of which is less than 3 metres, and
(c) swimming vests and flotation bubbles,
but not including:
(d) goods for therapeutic use by disabled persons, or
(e) goods for use as life jackets that comply, or that comply substantially with AS 1512, or
(f) goods for use as buoyancy vests that comply, or that comply substantially with AS 1499, or
(g) goods for use primarily as a means of flotation for persons in water and in need of rescue, including goods carried in or on ships or boats for such a purpose.
The product safety standard prescribed for children’s flotation toys and swimming aids is that they must comply with AS 1900.
For the purposes of this Schedule, AS 1900 is taken to have been amended by omitting Clause 1.1.
In this Schedule:
The product safety standard prescribed for children’s nightclothes and children’s nightwear is that they must comply with AS 1249–1990 or with AS/NZS 1249–1999.
The product safety standard prescribed for paper patterns for children’s nightclothes and children’s nightwear is that they must comply with Clause 5.6 of AS 1249–1990 or with Clause 5.6 of AS/NZS 1249–1999.
For the purposes of this Schedule, AS 1249–1990 is taken to have been amended as follows:
(a) by omitting Clause 1.1,
(b) by inserting in Clause 2.1 (a), after the first paragraph, the following words:
If there is insufficient fabric for three lengthwise and three widthwise test specimens, as cited in Clause 8.8 of AS 2755.2–1985, the flame spread time is to be determined on three lengthwise test specimens only.
Where there is insufficient of the sample to cut test specimens into one piece, not more than two pieces cut in the same direction may be butt-jointed, but not overlapped. The butt joint must be secured with five lightweight 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 in AS 2755.2–1985.
If areas of the garment are appliqued, and the applique is made from fabric other than that of the body of the garment, the test specimens must be cut from both appliqued and non-appliqued areas. If the applique is confined to a particular area, then at least one of the test specimens must include as much of the applique as possible. The appliqued area of the test specimen must be mounted at the base of the test frame, and must be tested so that the flame impinges on the applique.
If the textile material or garments are constructed with one fabric overlaying another (for example quilted fabrics), specimens must be cut and tested as a combination, that is to say as if the overlay were appliqued to the under fabric.
(c) by omitting from the second paragraph of Clause 2.1 (a) the words “four or more of six specimens” wherever occurring and by inserting instead the words “three or more of four specimens”,
(d) by omitting from the note after the second paragraph of Clause 2.1 (a) the words “another set of three specimens” and by inserting instead the words “another specimen”,
(e) by inserting at the end of Clause 2.2 (e) the following words: The outer fabric of a composite or appliqued area must be considered the fabric face and must be tested so that the flame impinges on that surface.
(f) by omitting Clause 5.3.
For the purposes of this Schedule, AS/NZS 1249–1999 is taken to have been amended:
(a) by omitting the second sentence from Clause 0.1,
(b) by inserting in Clause 1.2 (a), after the first paragraph, the following paragraphs:
If there is insufficient fabric for three lengthwise and three widthwise test specimens, as cited in Clause 8.7 of ISO 6941: 1984, the flame spread time is to be determined on three lengthwise test specimens only.
If the textile material or garments are constructed with one fabric overlaying another (for example quilted fabrics), specimens must be cut and tested as a combination, that is to say as if the overlay were appliqued to the under fabric.
(c) by omitting from the third paragraph of Clause 1.2 (a) the words “four or more of six specimens” wherever occurring and by inserting instead the words “three or more of four specimens”,
(d) by omitting from the note after the third paragraph of Clause 1.2. the words “another set of three specimens are” and by inserting instead the words “another specimen is”,
(e) by inserting after “use of trims.” in Clause 1.3 the following words:
The outer fabric of a composite or appliqued area must be considered the fabric face and must be tested so that the flame impinges on that surface.
(f) by omitting Clause 5.6.
For the purposes of clause 3 (2) of this Schedule, Clause 5.6 of AS 1249–1990 and AS 1249–1999 is taken to have been amended by omitting the words “within the scope of this Standard”.
For the purposes of 1.2 (a) of AS 1249–1999 (as amended by clause 5 of this Schedule), ISO 6941: 1984 is taken to have been amended as follows:
(a) by omitting the words “test another set of three specimens for that direction or face” from Clause 8.8 wherever occurring and by inserting instead “test another specimen for that direction or face”,
(b) by omitting Clause 10 k) 4) and by inserting instead the following:
If only four specimens are tested, determine the mean from all the results that burn to the respective marker threads. Report the number of specimens that failed to burn to the marker.
For the purposes of clause 4 (b) of this Schedule, AS 2755.2–1985 is taken to have been amended as follows:
(a) by omitting from the last sentence of Clause 7.3 the words “another set of three specimens” and by inserting instead the words “another specimen”,
(b) by omitting the last sentence from Clause 8.7,
(c) by omitting from Clause 8.8 the words “test another set of three specimens for that direction or face.” and by inserting instead the words “test another one additional test specimen for that direction or face.”,
(d) by omitting Clause 10 (j) (iv) and by inserting instead the following:
(iv) If only four specimens are tested (as referred to in Clause 8.8 as taken to have been amended by clause 6 (a) of Schedule 9 to the Fair Trading (Product Safety Standards) Regulation 2000 determine the mean from all the results that burn to the respective marker threads. Report the number of specimens that failed to burn to the marker.
Clauses 2 (1), 3 (1) and 4 of this Schedule cease to have effect on 1 September 2001.
Where more than one standard is prescribed as a product safety standard in this Schedule in respect of a particular class of goods, the goods need comply with only one of the standards so prescribed.
In this Schedule:
(a) components designed to restrain the child in the device, and
(b) components to anchor the device to the motor vehicle, and
(c) (if supplied) components to restrain a motor vehicle seat, and
(d) chaises, and
(e) cushions,
but does not include a child restraint that is an integrated feature of a motor vehicle.
The product safety standard prescribed for child restraints is that they must comply with AS/NZS 1754–1991.
For the purposes of this Schedule, AS/NZS 1754–1991 is taken to be amended as follows:
(a) by omitting from Clause 1.1 the words “passenger cars and their derivatives,” and by inserting instead the words “motor vehicles”,
(b) by omitting the second sentence from Clause 1.1,
(c) by omitting Clauses 2.4 and 2.5.
For the purposes of this Schedule, components may be supplied for child restraints that are made to the requirements of AS 1754–1975, in which case the components must comply with the relevant requirements of AS 1754–1975.
In this Schedule:
(a) does not have attached to it any tag, handle or other object that would facilitate the movement of the sliding piece, and
(b) incorporates a locking mechanism that prevents the sliding piece opening the slide-fastener unless a wholly separate device is used to disengage the locking mechanism and act as a handle in the moving of the sliding piece between the teeth of the slide-fastener.
If a slide-fastener has more than one sliding piece of a kind referred to in the definition of
The product safety standard prescribed for a bean bag or a bean bag cover, is that:
(a) it must bear a label that:
(i) is secured to the bag or cover in such a manner that the label will, despite normal handling, remain fixed to the bag or cover, and
(ii) contains the following warning:
• WARNING. Small Light-weight Beads Present A Severe Danger To Children If Swallowed Or Inhaled.
(b) it must be constructed so that any opening through which bean bag filling may be inserted or removed is fitted with:
(i) a child resistant slide-fastener, or
(ii) some other closing device approved in writing by the Commissioner.
The product safety standard prescribed for a package containing bean bag filling is that it must bear a label that:
(a) is secured to the package in such a manner that the label will, despite normal handling, remain fixed to the package, and
(b) contains the warning referred to in subclause (1) (a).
The warning:
(a) must be printed in red letters at least 5 millimetres high on a white background, and
(b) must have the word “WARNING” printed in capital letters and the remaining words printed in upper and lower case letters.
In this Schedule:
(a) having a hook, buckle or other fastening device at each extremity, and
(b) designed to be used for the purpose of securing luggage or other objects.
The product safety standard prescribed for elastic luggage straps is that they are to have a label permanently affixed to them bearing the following warning:
• WARNING. Avoid eye injury. DO NOT overstretch. ALWAYS keep face and body out of recoil path. DO NOT use when strap has visible signs of wear or damage.
A label referred to in subclause (1):
(a) must bear the word “WARNING” in upper case black letters of at least 4 millimetres in height on a yellow background, and
(b) must bear the words “do not” and “always” in upper case black letters at least 2 millimetres in height on a yellow background, and
(c) must bear the remaining words in lower case black letters at least 2 millimetres in height on a yellow background, and
(d) must be clearly displayed.
For the purposes of this Regulation, compliance with subclauses (2) and (3) is taken to be compliance with clause 2 of this Schedule until the end of 31 May 2001.
The product safety standard prescribed for elastic luggage straps is that they are to have a label permanently affixed to them bearing the following warning.
• WARNING. Avoid eye injury. Do not overstretch. Strap may rebound.
A label referred to in subclause (2):
(a) must be permanently affixed, and
(b) must bear the word “WARNING” in upper case red letters of at least 5 millimetres in height on a white background, and
(c) must bear the remaining words in upper or lower case letters of at least 2.5 millimetres in height, and
(d) must be conspicuously displayed.
In this Schedule:
The product safety standard prescribed for projectile toys is that they must comply with the requirements of Clause 7.15 (including Clauses 7.15.1 (paragraph (i) excepted), 7.15.2, 7.15.3, 7.15.4 (paragraph (a) excepted), 7.15.5 and 7.15.6) of AS 1647.2.
In this Schedule:
The product safety standard prescribed for baby walkers is that they must comply with Sections 6.1, 6.4 and 9.3 of F 977–97.
However, a person may supply:
(a) by wholesale until the end of 30 November 2000, or
(b) by retail until the end of 28 February 2001,
a baby walker that complies with clause 2 of Schedule 16 to the Fair Trading (Product Safety Standards) Regulation 1995 (as in force immediately before the repeal of that Regulation by the operation of section 10 (2) of the Subordinate Legislation Act 1989).
For the purposes of subclause (1), compliance with clause 2 (1) (a) and (2), and so much of clause 2 (4) as relates to clause 2 (1) (a) and (2), of Schedule 16 to the Fair Trading (Product Safety Standards) Regulation 1995 (as in force immediately before the repeal of that Regulation by the operation of section 10 (2) of the Subordinate Legislation Act 1989) is taken to be compliance with Section 9.3 of F 977–97.
In this Schedule:
(a) set out in Part 1210, Title 16 of the Code of Federal Regulations, and
(b) published in the Federal Register of the United States of America, Volume 58, No 131, on 12 July 1993.
(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.
A
(a) is designed to light cigarettes, cigars and pipes, and
(b) is an eligible device.
For the purposes of subclause (1), a flame producing device is an
(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
Note— An example of paragraph (c) is a device that plays musical notes or displays flashing lights.
(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.
Note— Examples of paragraph (d) include a beverage, cartoon character, food, gun, musical instrument, toy, toy animal, watch or vehicle.
For the purposes of subclause (1), a flame producing device is also an
(a) it is designed to be refilled with fuel, and
(b) it is imported into Australia after 30 September 1997, or it is not imported into Australia but is supplied by its manufacturer under an ex works agreement after that date, and
(c) its value is less than the relevant amount.
A
A
A
For the purposes of subclause (3):
(a) for a device imported into Australia before 1 October 2002—$2, or
(b) for another device supplied by its manufacturer under an ex works agreement before 1 October 2002—$2, or
(c) in any other case—the indexed amount.
(a) for a device imported into Australia—its customs value, or
(b) for another device—its supply price.
The product safety standard prescribed for lighters is that they must comply with the requirements of this Schedule.
This Part does not apply to a lighter that:
(a) is a novelty lighter, and
(b) is not a disposable lighter or a refillable lighter.
When a lighter is tested in accordance with the procedures described in Part 2, 3, 4, 5 or 6 of the Table, the test must be performed in accordance with the procedures described in Part 1 of the Table.
A lighter must be designed so that deliberate action is necessary to ignite and sustain a flame.
An adjustable lighter must be designed so that deliberate action is necessary to adjust the height of the flame.
A lighter, after being tested in accordance with Parts 4, 5 and 6 of the Table, must not, when tested in accordance with Parts 2 and 3 of the Table, spit or sputter or produce an abnormal or unsafe flame.
A lighter must comply with subclause (2) when tested in accordance with Part 2 of the Table:
(a) after being tested in accordance with Part 4 or 5 of the Table, or
(b) after being tested in accordance with Parts 4 and 5 of the Table.
For the purposes of subclause (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 the maximum flame height, 150 millimetres, and
(ii) where the lighter is adjusted to produce the minimum flame height, 100 millimetres.
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.
A lighter must comply with subclause (2) after being tested in accordance with the procedures described in Parts 3, 4 and 5 of the Table.
For the purposes of subclause (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 two seconds if the lighter has no flameguard or four seconds if it has a flameguard.
A lighter must have no sharp external edges.
A lighter, when tested in accordance with Part 3, 4 or 5 of the Table, must not be damaged so as to affect its safe operation.
A lighter, when tested in accordance with Part 4 of the Table, must not spontaneously ignite.
The internal pressure of the fuel reservoir of a lighter when tested in accordance with Part 6 of the Table must not suddenly decrease.
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.
In addition to subclause (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 displayed under subparagraphs (ii)–(ix),
(ii) “KEEP AWAY FROM CHILDREN” or “KEEP OUT OF REACH OF 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.
This Part only 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.
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 per cent of the child-test panel when tested in that manner.
The mechanism or system of a lighter that is designed or intended to make the lighter resistant to successful operation by at least 85 per cent 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.
A certificate of compliance, within the meaning of the American Standard, must have been issued for the lighter in accordance with that standard.
In this Part:
The indexed amount is the amount worked out in accordance with the formula:
If, apart from this subclause, the indexed amount under this clause would be an amount of dollars and cents, the amount is to be rounded to the nearest 25 cents, and if the amount to be rounded is 12.5 cents, rounded up.
If, at any time, whether before or after 1 October 1997, the Australian Statistician publishes for a particular July quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for the quarter, the publication of the later CPI number is to be disregarded for this clause.
However, if, at any time, whether before or after 1 October 1997, the Australian Statistician changes the reference base for the Consumer Price Index, then in applying this clause after the change is made, regard is to be had only to numbers published in terms of the new reference base.
The lighter must be maintained at a temperature of 23±2 degrees Celsius for at least 10 hours immediately preceding testing in accordance with Parts 2, 3 and 4.
The area in which tests are carried out must be maintained at a temperature of 23±2 degrees Celsius during testing in accordance with Parts 2, 4 and 5.
The lighter to be tested must be new, free of mechanical damage and must not (except where required by this Schedule) have been previously tested.
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.
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.
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 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.
The lighter (adjustable lighters adjusted to produce a 50 millimetre flame) must be operated to produce a flame, for a continuous 10 second period in a draft free chamber, while being held at 45 degrees below the horizontal.
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.
The lighter must be inspected after every fall and any spontaneous ignition or damage must be recorded.
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.
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.
The lighter when removed from the oven must, when cool, be tested in accordance with Part 3.
The test apparatus must consist of a device capable of producing gauge pressure of 2 (MPa).
The lighter must be emptied of fuel.
The fuel reservoir of the lighter must be subjected to an internal pressure equal to twice the vapour pressure at 54 degrees Celsius of the fuel normally used in the lighter. The pressure rise must not exceed a rate of 69 kPa per second.
In this Schedule:
(a) a folding portable cot, or
(b) a carry cot, or
(c) a cradle.
The product safety standard prescribed for children’s household cots is that they must comply with clauses 3, 5, 6, 8, 9, 11 and 12 of AS/NZS 2172.
In this Schedule:
The product safety standard prescribed for laser pointers is that they must comply with the requirements of clause 3 of this Schedule.
A laser pointer must be a Class 1 laser product or a Class 2 laser product.
A person who, in trade or commerce, supplies a laser pointer must hold a test report issued by a laboratory indicating:
(a) that the laser pointer has been tested, or is part of a batch from which samples have been tested, by the laboratory, and
(b) the method used to carry out the test and the results of the test, and
(c) that the results of the test show that each laser pointer tested is a Class 1 laser product or Class 2 laser product.
A person who, in trade or commerce, supplies laser pointers must, on request, make available for inspection by an investigator any report required under clause 3 of this Schedule.
Maximum penalty: 10 penalty units.
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