Consumer Goods (Elastic luggage straps) Safety Standard 2017

Overview

The Consumer Goods (Elastic luggage straps) Safety Standard 2017 was enacted to update and enhance the safety measures for elastic luggage straps, addressing an existing gap in consumer safety. The Commonwealth Minister for Small Business introduced this standard under section 104 of the Australian Consumer Law, which is part of the Competition and Consumer Act 2010. The policy objective behind this safety standard is to significantly reduce the risk of injuries, particularly those affecting the face and head, as well as the risk of permanent blindness caused by the use of elastic luggage straps. The Australian Competition and Consumer Commission estimates that approximately 28 injuries annually are linked to these straps, indicating that while the number of injuries has decreased, there remains an unreasonable risk. The updated standard includes revised warning labels designed to improve consumer comprehension and align with best practices for safety warnings. This change aims to better protect consumers by clearly communicating the hazards associated with the use of elastic luggage straps.

Scope and Application

The Consumer Goods (Elastic Luggage Straps) Safety Standard 2017, made by the Commonwealth Minister for Small Business, applies to elastic luggage straps designed for securing luggage or other objects, excluding those specifically made for securing vehicle jacks or toolkits with vehicles. This safety standard is implemented under section 104 of the Australian Consumer Law, which is part of the Competition and Consumer Act 2010. The standard applies nationally across Australia, aiming to mitigate the risks of injuries, including blindness, associated with the use of elastic luggage straps. Suppliers have until 1 July 2019 to comply with the new safety requirements, allowing them to continue supplying straps that meet either the previous or new safety standards until this date. The primary focus of this safety standard is to update the warning labelling on elastic luggage straps, aligning it with consumer comprehension testing and best practices for safety warnings, thereby reducing the risk of injury. The standard's application is not limited by subordinate instruments, and it does not contain specific exclusions, exemptions, or thresholds beyond those outlined in the definition of elastic luggage straps.

Key Provisions

The Consumer Goods (Elastic luggage straps) Safety Standard 2017 (the Standard) is a legislative instrument enacted by the Commonwealth Minister for Small Business under section 104 of the Australian Consumer Law (ACL) as part of the Competition and Consumer Act 2010 (Cth) (CCA). This Standard updates the existing safety standard for elastic luggage straps and repeals Regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979 – Elastic luggage straps – consumer product safety standard (the Repealed Standard) (sections 104 and 65C). The Standard comes into effect on the day after it is registered on the Federal Register of Legislation, as per section 65C(2). Until 1 July 2019, suppliers are allowed to supply elastic luggage straps that meet either the new Standard or the Repealed Standard, but after this date, only straps that comply with the new Standard can be supplied. The objective of the Standard is to reduce the risk of injuries, including fatalities, facial injuries, and permanent blindness, linked with the use of elastic luggage straps, with the Australian Competition and Consumer Commission (ACCC) estimating that 28 injuries occur annually in Australia due to such straps. The Standard outlines specific requirements for elastic luggage straps. Firstly, it defines an 'elastic luggage strap' as an elastic strap or cord, or two or more such straps or cords permanently joined, equipped with a hook, buckle, or other fastening device at each end, and designed to secure luggage or other objects. However, this definition excludes elasticised cargo nets and elasticised straps specifically designed for securing vehicle jacks or toolkits with a vehicle (section 3). A crucial requirement is that all elastic luggage straps must bear a prescribed warning label or notice that is fixed securely and permanently to, or stamped on the strap. The new warning must prominently display the word 'WARNING' and the words 'DO NOT' in upper case black letters, at least 5 millimetres in height on a yellow background. The remaining words must be in upper and lower case letters, with the upper case letters also at least 5 millimetres in height on a yellow background, and the warning must be conspicuously displayed (section 4). Transitional arrangements allow the use of either the new warning or the previous warning from the Repealed Standard until 1 July 2019, after which only the new warning is permissible (section 5). The Standard imposes several obligations on parties involved in the supply of elastic luggage straps. Suppliers must ensure that the straps comply with the defined requirements, including the mandatory warning label, either the new or the previous warning, until 1 July 2019. Post this date, only straps with the new warning are allowed. Manufacturers and importers must ensure their products meet the Standard before supplying them. Suppliers, including retailers and wholesalers, must stock and supply compliant products only. The Standard also requires that warning labels are clear, permanent, and prominently displayed on the straps. These obligations are critical to ensuring consumer safety and minimising the risk of injuries associated with the use of elastic luggage straps. The Standard does not explicitly detail offences, penalties, or civil/criminal consequences for breaches within its text. However, under the Australian Consumer Law, non-compliance with safety standards can lead to significant legal consequences. Offences under the ACL can result in substantial penalties, both civil and criminal. For corporations, the maximum penalty for serious and repeated contraventions of safety standards can be up to $1.1 million for each offence, while for individuals, the maximum penalty can be up to $220,000 for each offence. Additionally, the ACL allows for the imposition of injunctions, corrective notices, and other remedial measures to enforce compliance. The enforcement of these penalties and consequences would be overseen by the Australian Competition and Consumer Commission and other relevant authorities.