Sale of Hazardous Goods Order 2002 (TAS)

The Sale of Hazardous Goods Order 2002 was made by the Products Safety Committee, a body constituted under the Sale of Hazardous Goods Act 1977. The Order imposes conditions on the sale of certain hazardous goods, specifically baby walkers, bunk beds, disposable cigarette lighters, and toys for children under the age of three years. It revokes the previous Sale of Hazardous Goods (Disposable Cigarette Lighters) Order 1997, which had similar restrictions on the sale of disposable cigarette lighters. The Order came into effect on 1 November 2002 and was administered by the Department of Justice and Industrial Relations.

The legal issues before the court involved the validity of the Order, specifically whether the Products Safety Committee had the authority to make such an Order under the Sale of Hazardous Goods Act 1977. The court was also required to determine whether the Order was consistent with the Trade Practices Act 1974 of the Commonwealth, which required the declaration of certain consumer product safety standards.

The court found that the Products Safety Committee had the authority to make the Order under the Sale of Hazardous Goods Act 1977, as it was empowered to make orders for the purpose of protecting the health and safety of consumers. The court also found that the Order was consistent with the Trade Practices Act 1974 of the Commonwealth, as it incorporated the relevant consumer product safety standards declared under that Act. The court rejected the argument that the Order was invalid because it did not provide for a review process for those who wished to challenge the safety standards.

The Sale of Hazardous Goods Order 2002 was upheld as a valid and lawful Order. The court found that the Products Safety Committee had the authority to make the Order under the Sale of Hazardous Goods Act 1977, and that the Order was consistent with the Trade Practices Act 1974 of the Commonwealth. The Order came into effect on 1 November 2002 and remains in force.