EXPLANATORY STATEMENT
Consumer Goods (Prams and Strollers) Amendment Safety Standard 2019
Overview
The Assistant Treasurer (the Minister) has amended the safety standard for prams and strollers pursuant to section 105 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).
This instrument is the Consumer Goods (Prams and Strollers) Amendment Safety Standard 2019.
The purpose of this amendment is to clarify the application of the safety standard to convertible wheeled products. These products have evolved from simple products with detachable handles to products that convert into one or more modes. Where a product is a convertible product and that product has a mode designed to transport a child in a seated position, and which may also be adjusted to a semi-reclined or fully reclined position, it is a stroller for the purpose of the safety standard.
Background
The safety standard references and varies certain parts of the Australian/New Zealand standard AS/NZS 2088:2000, Prams and strollers – Safety requirements. The safety standard was introduced in 2007 following a number of deaths and other injuries as a result of unsafe prams or strollers. The safety standard specifies requirements relating to the construction and performance of prams and strollers, together with warnings and instructions for their use.
The amendment
This safety standard amends the Consumer Product Safety Standard for Prams and Strollers (Consumer Protection Notice No.8 of 2007), by adding the following note:
Strollers include wheeled vehicles that can operate in more than one mode, if one of those modes is designed to transport a child in a seated position (including, but not limited to, convertible tricycle strollers).
Access to Australian and international standards
Where practicable, product safety legislative instruments only reference extrinsic material that is readily accessible for free by the public. However, as in the current case, many product safety legislative instruments need to incorporate extrinsic technical standards over which certain bodies have copyright. The voluntary Australian standard referenced in this instrument is available for purchase at SAI Global’s website (https://www.saiglobal.com).
The Australian Competition and Consumer Commission can also make a copy of the voluntary Australian standard available for viewing at one of its offices, subject to licensing conditions.
Consultation
The ACCC released a consultation paper for this amendment on 5 November 2018. Seventeen submissions were received, all of which supported the addition of the explanatory note.
Disallowance
This legislative instrument is not subject to disallowance due to section 44 of the Legislation Act 2003.
Commencement
This legislative instrument commences on the day after it is registered on the Federal Register of Legislation.
Sunsetting
This legislative instrument is not subject to sunsetting due to section 54 of the Legislation Act 2003.
Regulation impact assessment
The Office of Best Practice Regulation advised a Regulation Impact Statement was not required (OBPR ID Reference No.24419).
Overview
The Consumer Goods (Prams and Strollers) Amendment Safety Standard 2019 was introduced to refine and clarify the application of safety standards to convertible prams and strollers, aligning them with contemporary product designs. Enacted by the Assistant Treasurer under section 105 of the Competition and Consumer Act 2010, this amendment aims to address the evolving nature of prams and strollers that have modes designed to transport a child in a seated position, including semi-reclined or fully reclined positions. This legislative update responds to the need for ensuring that the safety requirements remain relevant and effectively applicable to modern convertible products, thereby enhancing consumer safety.
The amendment was developed following consultation with stakeholders, including the Australian Competition and Consumer Commission, which released a consultation paper and received supportive feedback from the seventeen submissions. This legislative instrument does not face disallowance or sunsetting provisions and commenced on the day after its registration on the Federal Register of Legislation.
Scope and Application
The Consumer Goods (Prams and Strollers) Amendment Safety Standard 2019 applies to all entities involved in the manufacture, supply, importation, or distribution of prams and strollers within Australia. This includes individual manufacturers, retailers, importers, and distributors who engage in any part of the supply chain for these products. The safety standard specifically addresses convertible prams and strollers, clarifying that any wheeled vehicle that can operate in multiple modes, including those designed to transport a child in a seated position, falls under the definition of a stroller and must comply with the specified safety requirements. This amendment ensures that the safety standard encompasses the evolving nature of these products, which now often convert into various configurations, and thereby extends its protective scope to a broader range of consumer goods. The amendment does not impose any exclusions or exemptions, and it applies nationally across all states and territories of Australia. The instrument relies on subordinate legislation to reference and vary parts of the Australian/New Zealand standard AS/NZS 2088:2000, which is accessible for purchase or viewing under certain conditions. The amendment was subject to consultation and received support from stakeholders, with the legislative instrument coming into effect immediately upon registration on the Federal Register of Legislation.
Key Provisions
The Consumer Goods (Prams and Strollers) Amendment Safety Standard 2019 (F2019L00133) introduces a key modification to the existing Consumer Product Safety Standard for Prams and Strollers (Consumer Protection Notice No. 8 of 2007). Section 3 of this amendment adds a note to clarify the definition of strollers to include wheeled vehicles that can operate in more than one mode, provided that one of those modes is designed to transport a child in a seated position, such as convertible tricycle strollers. This amendment aims to ensure that the safety standards apply appropriately to modern, convertible prams and strollers.
The amendment imposes specific obligations on manufacturers and importers of prams and strollers to ensure that their products comply with the updated safety standard. This includes ensuring that any pram or stroller that can operate in multiple modes and includes a seated position for the child meets the specified safety requirements. The note added by section 3 serves to clarify that these convertible products fall under the category of strollers and must therefore adhere to the safety standards outlined in AS/NZS 2088:2000.
Failure to comply with the Consumer Goods (Prams and Strollers) Amendment Safety Standard 2019 can result in significant legal consequences. Manufacturers and importers who do not ensure their products meet the specified safety requirements may face enforcement actions by the Australian Competition and Consumer Commission (ACCC). Under the Competition and Consumer Act 2010, non-compliance can lead to civil penalties. The maximum penalty for contravening a safety standard can be up to $1.1 million for a corporation and $220,000 for an individual, reflecting the seriousness with which the law treats safety breaches in consumer products. In addition to financial penalties, companies may also face court orders requiring them to cease the manufacture or importation of non-compliant products, and may incur reputational damage that can affect their market standing.