Sale of Hazardous Goods (Swimming and Flotation Aids) Order 2010 (TAS)

Sale of Hazardous Goods (Swimming and Flotation Aids) Order 2010

The Products Safety Committee makes the following order under section 8 of the Sale of Hazardous Goods Act 1977 .

1Short titleThis order may be cited as the Sale of Hazardous Goods (Swimming and Flotation Aids) Order 2010 . 2CommencementThis order takes effect on the day on which its making is notified in the Gazette. 3Interpretation (1)  In this order – Flotation Aids Standard means the Australian Standard AS 1900 – 2002 entitled "Flotation aids for water familiarization and swimming tuition" published by Standards Australia on 21 January 2002, as in force on the day this order takes effect; swimming aid or flotation aid – see clause 4 . (2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. 4Swimming aid or flotation aid (1)  For the purposes of this order, a swimming aid or flotation aid includes – (a) arm bands; and (b) attached rings; and (c) swimming aid vests. (2)  For the purposes of this order, a swimming aid or flotation aid does not include – (a) inflatable novelty shapes; or (b) unattached complete or partial rings; or (c) kickboards; or (d) articles designed for therapeutic use by disabled persons; or (e) articles including life jackets or other personal flotation devices which are within the scope of the Australian Standard AS 4758 entitled "Personal flotation devices" published by Standards Australia on 2 December 2008, as amended from time to time. 5Application of orderThis order applies to the sale of a swimming aid or flotation aid that – (a) is designed for use by children under 14 years of age; and (b) is to be  – (i) worn on or attached to the body of a child; or (ii) sat in by a child – for the purpose of either enabling a child to gain confidence through water familiarisation, or assisting the child in acquiring unaided buoyancy through swimming tuition. 6Restriction on sale of swimming and flotation aids (1)  A person must not sell a swimming aid or flotation aid unless it complies with the Flotation Aids Standard, as taken to be modified for the purposes of this clause. (2)  For the purposes of subclause (1) , the Flotation Aids Standard is taken to be modified as specified in Schedule 1 to this order. Schedule 1Modification of Flotation Aids Standard

Clause 6

Provision of Flotation Aids Standard	Modification
1.	clause 1.1	omit the clause, and the notes immediately following the clause, and substitute the following clause and notes:
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 assisting them in acquiring unaided buoyancy through swimming tuition.
NOTES:
1. PFDs have different applications and are covered by other Standards. In general, the requirements specified in the PFD Standards* are more stringent than those specified herein.
2. Appendix A contains a list of typical products covered by this Standard and those that are not.
2.	clause 1.4.1	omit the clause, and the notes immediately following the clause, and substitute the following clause and notes:
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 assisting them in acquiring unaided buoyancy through swimming tuition.
NOTES:
1. The aid need neither support the wearer in a position with the nose, mouth and chin clear of the water, nor assist the wearer to achieve such a position.
2. Typical means of wearing or attaching a flotation aid include a singlet, shoulder straps, crotch straps, a harness, tapes or other arrangements.
3.	clause 1.4.4	omit the clause
4.	clause 2.1.1	omit the clause
5.	clause 2.7	omit "Failure or deflation of any chamber shall not affect the security of fit of the aid, as required by Clause 2.1.1."

This order was made by the Products Safety Committee at a meeting held on 23 August 2010.

CHRIS BATT

Chairman

ROSCOE TAYLOR

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 September 2010

This is administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the order) This order places restrictions on the sale of children’s swimming and flotation aids for use in water familiarization and swimming tuition.