Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Amendment Safety Standard 2019

Overview

The Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Amendment Safety Standard 2019 was enacted to address technical inaccuracies in the existing Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Safety Standard 2017. This amendment was introduced by the Assistant Treasurer in accordance with sections 104 and 105 of the Australian Consumer Law, which is part of the Competition and Consumer Act 2010. The purpose of this amendment is to ensure that the safety standard accurately references the most recent version of the relevant Australian/New Zealand Standard AS/NZS 1249:2014, correcting previously identified errors. The safety standard aims to protect children from the risks associated with excessively flammable children’s nightwear and limited daywear, ensuring that such products comply with prescribed safety requirements and carry appropriate warning labels. This legislative amendment does not alter the substantive requirements or transitional arrangements for the affected products, maintaining the focus on safeguarding children's safety without necessitating consultation due to its administrative nature.

Scope and Application

The Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Amendment Safety Standard 2019 amends the 2017 safety standard concerning the flammability of children’s nightwear and limited daywear, as well as paper patterns for these items. This amendment ensures the safety standard references the updated voluntary Australian/New Zealand standard AS/NZS 1249:2014, correcting errors such as the omission of size 3 – 14 knitted daywear all-in-ones and an incorrect illustration. The safety standard applies to various children’s sleepwear and related products including pyjamas, all-in-one nightwear, robes, nighties, nightshirts, dressing gowns, bathrobes, loose fitting boxer shorts used as nightwear, infant sleep bags, blankets, and towels with sleeves or arm openings. It prohibits the supply of excessively flammable materials in these products and mandates warning labels indicating flammability levels, alongside prescribing specific testing requirements. This legislative instrument is applicable nationally across Australia and is not subject to disallowance or sunsetting.

Key Provisions

The Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Amendment Safety Standard 2019 (the Amendment Standard) amends the Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Safety Standard 2017 (the Standard) to update the referenced Australian/New Zealand Standard to its most recent amendment. This change involves updating the definition of "Australian Standard" in section 3 of the Standard to reference AS/NZS 1249:2014 as amended by Amendment No. 2, published on 15 September 2017. The amendment ensures that the Standard aligns with the latest technical standards to maintain the highest level of safety for children's nightwear and limited daywear. The Amendment Standard imposes obligations on manufacturers, importers, and suppliers of children's nightwear, limited daywear, and paper patterns for children's nightwear to comply with the updated safety standard. This includes ensuring that products made from excessively flammable material are not supplied and that products made from permitted materials carry an appropriate warning label indicating their flammability. Suppliers must also ensure that their products meet the prescribed testing requirements for flammability as outlined in the updated Australian/New Zealand Standard. Failure to comply with the safety standard may result in enforcement actions by the Australian Competition and Consumer Commission (ACCC). Under section 104 of the Australian Consumer Law, non-compliance with a safety standard is an offence, and the ACCC can take legal action against entities that supply non-compliant products. Penalties for contravening the safety standard may include substantial fines for corporations and individuals, with maximum penalties set out in section 105 of the Australian Consumer Law. The exact amount of the penalty can vary depending on the severity of the breach and other factors such as repeat offences. In summary, the Amendment Standard references the most recent version of the Australian/New Zealand Standard to maintain the highest safety standards for children's nightwear and limited daywear. This legislative change imposes clear obligations on suppliers to ensure compliance with safety requirements, with significant penalties for non-compliance, including fines and potential legal action.