Trade Practices (Buoyancy Aids Safety Standards) Regulations (Cth)

Statutory Rules

1974 No. 225

REGULATIONS UNDER THE TRADE PRACTICES ACT 1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Trade Practices Act 1974.

Dated this twenty-sixth day of November, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Attorney-General.

_________

TRADE PRACTICES (BUOYANCY AIDS SAFETY STANDARDS) REGULATIONS

Citation.

1. These Regulations may be cited as the Trade Practices (Buoyancy Aids Safety Standards) Regulations.

Commencement.

2. These Regulations shall come into operation on 12 December 1974.

Interpretation.

3. In these Regulations, a reference to an Australian Standard published on a specified date shall be read as a reference to the standard approved for publication on that date on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter.

Application.

4. These Regulations apply to and in relation to the supply, on or after the commencement of these Regulations, in trade or commerce, of goods (being goods referred to in section 62 of the Trade Practices Act 1974) of a kind represented as being intended to be used primarily by a young person as a buoyancy aid in water, but do not apply to and in relation to—

(a) a life jacket that is marked as provided by Australian Standard 1512-1973 published on 5 July 1973 and with the certification trade mark registered in respect of life jackets and that Australian Standard under the Trade Marks Act 1955-1973; or

(b) a buoyancy vest that is marked as provided by Australian Standard 1499-1973 published on 5 March 1973 and with the certification trade mark registered in respect of buoyancy vests and that Australian Standard under the Trade Marks Act 1955-1973.

 

* Notified in the Australian Government Gazette on 27 November 1974.

Consumer product safety standard for buoyancy aids.

5. (1) For the purposes of section 62 of the Trade Practices Act 1974, the prescribed consumer product safety standard in respect of goods to which these Regulations apply consists of the requirements prescribed by this regulation.

(2) The requirements in respect of goods supplied during the period commencing on the date of commencement of these Regulations and ending on 28 February 1975 consist of—

(a) putting a warning on the goods, or, if the goods are offered for supply in a package, on the package, as provided by this regulation; or

(b) the display of a warning at the point of supply as provided by this regulation.

(3) The requirements in respect of goods supplied on or after 1 March 1975 consist of putting a warning on the goods, and also on any package in which the goods are offered for supply, as provided by this regulation.

(4) The warning consists of the words—

“WARNING

NOT A LIFE SAVING DEVICE

USE ONLY UNDER ADULT SUPERVISION”.

(5) The warning on the goods or package shall—

(a) be marked on the goods or package in indelible permanent ink or paint and in a colour contrasting with the colour of the goods or package, as the case may be;

(b) be stitched into the material of the goods or package by means of thread of a colour contrasting with the colour of the goods or package, as the case may be; or

(c) be marked or stitched in the manner prescribed by paragraph (a) or (b) upon or into a label of durable substance affixed to the goods or package in a reasonably permanent manner.

(6) The warning on the goods or package shall be placed in a conspicuous position on the goods or package.

(7) The warning under paragraph (2) (b) shall be clearly displayed in a prominent position at the point of supply and shall identify the goods to which the warning relates.

(8) The words of the warning shall not be combined with or be accompanied by any other words or matter (including an illustration) where those other words or that other matter would tend to contradict or obscure the meaning of the warning.

(9) The letters used in the words of the warning on the goods or package shall be in legible block capitals not less than 6 millimetres in height.

(10) The letters used in the words of the warning displayed under paragraph (2) (b) shall be in legible block capitals not less than 12 millimetres in height.