Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014

Administered by Department of the Treasury

Legislation au F2014L00363 In force Legislative Instrument

Legislation content

Replacement explanatory STATEMENT

Issued by the Authority of the Minister for Small Business

Competition and Consumer Act 2010

Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014

Overview

This Legislative Instrument introduces requirements for the installation of Corded Internal Window Coverings (CIWC) in domestic dwellings, specifically excluding caravans, boats and mobile homes.  Once in force, the ACL will prohibit installation of CIWC in trade or commerce, which do not comply with the standard.

The requirements relate to the safety of young children and are directed at ensuring that corded internal window coverings installed in domestic dwellings in trade or commerce are installed in accordance with the safety instructions and using any safety devices that are required to be supplied with the product under the existing safety standard on the supply of these products, Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010. 

Background

Legislative Power

The Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010 together with the Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010, amended the Trade Practices Act 1974 (TPA) to implement a new national consumer law regime known as the Australian Consumer Law (ACL). The TPA was renamed the Competition and Consumer Act 2010 (CCA) on 1 January 2011. The ACL forms Schedule 2 to the CCA.

Subsection 104 of the ACL provides that the Commonwealth Minister may, by written notice published on the internet, make a safety standard for product related services of a particular kind, consisting of such requirements about the matters specified in s.104(3), as are reasonably necessary to prevent or reduce risk of injuries.

The matters specified in s.104(3) include the manner in which the services are supplied, the skills or qualifications of the person supplying the service, materials used, testing and the form and content of warnings, instructions and other information.

Subsection 107(1) provides that a person must not, in trade or commerce, provide product related services of a particular kind if a safety standard for services of that kind is in force and those services do not comply with the standard.

Safety requirements for the supply of corded internal window coverings are set by Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010 which was prescribed pursuant to subsection 65C(2) of the TPA. Item 4 of Schedule 7 of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 provides that a product safety standard made under 65C of the TPA will continue in force under the ACL as if it had been made section 104 of the ACL. This regulation requires the provision of warning labels and instructions and the provision of any devices necessary for the installation of the product any devices.

Disallowance

This legislative instrument is not subject to disallowance due to section 44 of the Legislation Act 2003.

Sunsetting

This legislative instrument is not subject to sunsetting due to section 54 of the Legislation Act 2003.

Consultation

For the purposes of section 17 of the LIA, consultation has been undertaken concerning the product safety standard.

Following initial discussion with industry and advocacy groups a Consultation Paper was released in November 2011 asking for public comment on the concept and possible provisions of a services standard and circulated to interested parties, including the manufacturers, suppliers and installers of CIWC, State and Territory fair trading / consumer affairs agencies, consumer groups and child safety specialists. This consultation identified issues with the coverage and detail of the proposal and, together with research, legal analysis and further informal discussion was used to develop a Draft Regulation.  This draft formed part of a second round consultation conducted in August 2013.

There were 20 formal submissions in response to the August 2013 Consultation Paper and Draft Regulation.  These were from industry associations (2), companies or people in industry (14) and health and advocacy groups or individuals (4).  These were made up of: clear or probable supporters of the proposal (11); those raising no objection (including a ‘no objection’) (4); clear or probable negatives (3) and those making no direct comment on purpose of the proposed regulation (2).

Both rounds of formal consultation and the informal discussions with stakeholders were used to identify issues and practical matters of definition, testing and compliance that have been incorporated in the regulation and will be used to inform the education and compliance program to support it.

The Services Standard

Application

Applies to installations of corded internal window coverings carried out in trade or commerce in domestic dwellings, excluding caravans, mobile homes and boats.

Definitions

The definitions in the regulation are the same as those set out in Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010:

cleat means a device that has a bar with arms around which a cord can be wound, and that can be attached to a wall or other structure.

cord means a rope, strap, string, chain, line or wire used to manipulate a corded internal window covering.

corded internal window covering means:

 (a) a window covering, such as a curtain or blind; or

 (b) fittings used with a window covering, such as a traverse rod or track;

that can be used inside a building and has a cord.

cord guide means a device designed to retract, tension or secure a cord.

retail packaging means the packaging in which a corded internal window covering is supplied when it is offered for retail sale.

 

Requirements

  1. Installation.

The corded internal window covering must be installed in a way that ensures a loose cord cannot form a loop 220 mm or longer at or less than 1,600 mm above floor level and using any components specified in the installation instructions as necessary to meet requirements for cord safety.

The corded internal window covering must be also be installed in accordance with the installation instructions on any retail packaging for the covering and in accordance with any other installation instructions related to ensuring that a loose cord cannot form a loop as described in paragraph (1) (a).

No part of a cord guide may be installed lower than 1,600 mm above the floor level unless the cord guide will remain firmly attached to a wall or other structure specified in the instructions when subjected to a specified force and the cord is sufficiently secured or tensioned so as to prevent formation of a loop 220 mm or longer.

A cleat used to secure a cord must be installed at least 1,600 mm above floor level.

2.      Labelling.

 

A person installing a corded internal window covering must attach a label to it containing the name and contact details of the person or company responsible for the installation and must not remove any warning label or swing tag supplied with the corded internal window covering.

 

 

Overview

The Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 was enacted to address safety concerns associated with the installation of corded internal window coverings in domestic settings, particularly in relation to the risk they pose to young children. The Act was introduced to ensure that such installations are carried out in compliance with safety instructions and using any necessary safety devices as specified by the existing safety standard. The Competition and Consumer Act 2010, which forms part of the Australian Consumer Law (ACL), empowers the Commonwealth Minister to set safety standards for product-related services to prevent or reduce the risk of injury. Once the Safety Standard is in force, it will be unlawful to install corded internal window coverings in trade or commerce if they do not comply with the prescribed safety requirements. This legislative instrument was developed following extensive consultation with stakeholders, including industry groups, consumer representatives, and child safety specialists, to address concerns about the coverage and detail of the initial proposal. The objective of the Safety Standard is to enhance child safety by ensuring that corded internal window coverings are installed in a manner that prevents the formation of hazardous loops that could endanger children.

Scope and Application

The Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 applies to the installation of corded internal window coverings in domestic dwellings within trade or commerce, with the explicit exclusion of caravans, boats, and mobile homes. This legislation is a critical component of the broader Australian Consumer Law (ACL), which forms part of the Competition and Consumer Act 2010 (CCA). The Act mandates that any person providing product-related services in trade or commerce, specifically the installation of corded internal window coverings, must comply with the established safety standards to prevent or reduce the risk of injury. Non-compliance with these safety standards could lead to prohibitions under the ACL. The safety requirements outlined in the Standard are designed to enhance child safety by ensuring that cords cannot form dangerous loops that might pose a choking hazard. These requirements include specific installation instructions to prevent the formation of loops of 220 mm or longer at or below 1,600 mm above the floor level and mandate the use of components specified in installation instructions to meet cord safety requirements. Additionally, the Standard stipulates that all warning labels and swing tags supplied with the product must be left intact during installation. Geographically, the application of this Standard is nationwide, as it falls under the Commonwealth jurisdiction. The regulation does not provide for exclusions, exemptions, or specific thresholds, applying uniformly across all domestic dwellings within the Commonwealth of Australia. However, the enforcement and compliance mechanisms are likely to be supported by subordinate instruments and educational programs designed to ensure adherence to the Standard. The legislative process involved extensive consultation with industry stakeholders, including manufacturers, suppliers, installers, and consumer advocacy groups, to refine the provisions and address practical implementation issues. This collaborative approach aimed to ensure that the Standard is both effective and practical, providing clear guidelines for compliance while enhancing safety for young children.

Key Provisions

The main operative sections of the Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 (the Standard) include the application scope, definitions, installation requirements, and labelling obligations. The Standard applies to the installation of corded internal window coverings in trade or commerce within domestic dwellings, excluding caravans, boats, and mobile homes (section 3). The definitions section (section 4) clarifies terms such as 'cleat', 'cord', 'corded internal window covering', and 'cord guide', aligning with those in the Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010. The installation requirements mandate that the coverings be installed in a way that prevents the formation of a loose cord loop of 220 mm or longer at or below 1,600 mm above floor level, using specified components and adhering to installation instructions (section 5). The labelling requirement stipulates that installers must affix a label with their contact details to the covering and ensure any supplied warning labels or swing tags remain attached (section 6). The Standard imposes specific obligations on parties involved in the installation of corded internal window coverings. Installers must ensure that the installation complies with the specified safety requirements, including the prohibition of loose cord loops at or below 1,600 mm above floor level and the proper use of safety components as per the installation instructions. Additionally, they must affix a label with their contact details to the installed covering and ensure that any warning labels or swing tags supplied with the product remain attached. The Standard also mandates that no part of a cord guide be installed lower than 1,600 mm above floor level unless certain conditions are met, such as the guide being firmly attached to a structure and the cord being secured or tensioned to prevent loop formation. Breach of the Standard can lead to various civil and criminal consequences. Under the Competition and Consumer Act 2010 (CCA), a person must not, in trade or commerce, provide product-related services of a particular kind if a safety standard for services of that kind is in force and those services do not comply with the standard (section 107(1) of the Australian Consumer Law (ACL)). The ACL prohibits the supply of non-compliant products in trade or commerce, which can result in legal action. Penalties for breaches may include fines; for corporations, the maximum penalty is $1.1 million, and for individuals, it is $220,000 (section 12GA of the CCA). Additionally, the Australian Competition and Consumer Commission (ACCC) may seek injunctions or other remedies to enforce compliance with the Standard.

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Consumer Law
Instrument
Regulation
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Definitions & Interpretation
Compliance Obligations
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.