COMMONWEALTH OF AUSTRALIA
Trade Practices Act 1974
Consumer Protection Notice No. 10 of 2003
CONSUMER PRODUCT SAFETY STANDARD: CHILDREN’S HOUSEHOLD COTS
I, Ian Gordon Campbell, Parliamentary Secretary to the Treasurer, pursuant to subsection 65E(1) of the Trade Practices Act 1974 and for the purposes of section 65C of that Act, hereby DECLARE that from 1 July 2003 the consumer product safety standard for children’s household cots, other than antique or collectable cots as described in the Schedule, folding cots, carry cots and cradles is:
Australian/New Zealand Standard AS/NZS 2172:1995, Cots for household use – safety requirements approved by Standards Australia on 30 January 1995 varied by deleting clauses 1, 2, 4, 7 and 10.
The Schedule
An antique or collectable cot is exempt from this consumer product safety standard if the cot:
- is accompanied by a certificate from the supplier to the consumer stating that it is not safe to place a child in the cot, and
- has clearly visible external and internal warning statements permanently attached to the cot by means of gluing or mechanical fixing (nails or screws) of a metal plaque displayed on the upper half of the side or end of the cot. The lettering must be in sharp contrast with the background and contain the following warning, with upper case letters no less than 5mm in height and lower case letters no less than 2.5mm in height:
“WARNING: this cot does not meet the mandatory safety standard. For display purposes only. It is dangerous to place a child in this cot.”
(Upper case lettering and underlining must appear as shown)
Dated this 17th day of June 2003
IAN CAMPBELL
Parliamentary Secretary to the Treasurer
Overview
The Trade Practices Act 1974 was enacted to address the need for consumer protection and fair trading practices in Australia, with a particular focus on preventing misleading or deceptive conduct and ensuring product safety. The Consumer Protection Notice No. 10 of 2003, issued under this Act, sets out the consumer product safety standard for children's household cots, excluding antique or collectable cots, folding cots, carry cots, and cradles. The notice specifies that the applicable safety standard is the Australian/New Zealand Standard AS/NZS 2172:1995, which has been varied by the deletion of certain clauses. The policy objective of this notice is to enhance the safety of children's household cots by establishing mandatory safety requirements, thereby reducing the risk of injury or harm associated with the use of these products. This legislative instrument was introduced by Ian Gordon Campbell, the Parliamentary Secretary to the Treasurer, to ensure compliance with the Trade Practices Act 1974 and to safeguard consumers, particularly children, from unsafe household cots.
Scope and Application
The Trade Practices Act 1974, through Consumer Protection Notice No. 10 of 2003, establishes a consumer product safety standard specifically for children's household cots, excluding antique or collectable cots, folding cots, carry cots, and cradles. This Act applies to any person or entity involved in the manufacture, distribution, sale, or supply of children's household cots within the Commonwealth of Australia. The geographic reach of this legislation is national, as it pertains to the entire Australian jurisdiction. The Act enforces compliance with the Australian/New Zealand Standard AS/NZS 2172:1995, which outlines the safety requirements for household cots, with certain clauses deleted as specified in the notice. Notably, antique or collectable cots are exempt from this standard if they are accompanied by a certificate from the supplier indicating their unsuitability for child placement, along with clearly visible warning statements permanently affixed to the cot. This exemption is detailed in the Schedule of the notice, ensuring that such items are clearly marked as unsafe for use. The Act extends its application through subordinate instruments, which may include further specifications or amendments to the safety standards as needed.
Key Provisions
The Consumer Protection Notice No. 10 of 2003 under the Trade Practices Act 1974 sets forth the mandatory consumer product safety standard for children's household cots, effective from 1 July 2003 (section 1). This standard applies to all cots intended for household use, except for antique or collectable cots, folding cots, carry cots, and cradles (section 1). The specified standard is the Australian/New Zealand Standard AS/NZS 2172:1995, which has been varied by deleting certain clauses, as detailed in the Notice (section 1).
This Act imposes specific obligations on manufacturers, importers, and suppliers of children's household cots. These entities must ensure that their products meet the prescribed safety standards (section 1). This includes adhering to the requirements of AS/NZS 2172:1995, as varied by the Notice. Notably, antique or collectable cots are exempt from these standards if they are accompanied by a certificate from the supplier stating that they are not safe for child placement, and bear permanent warning signs as outlined in the Schedule (section 1 and Schedule).
Breaches of the consumer product safety standards set out in this Notice may result in significant legal consequences. Section 82 of the Trade Practices Act 1974 outlines the penalties for contraventions, which include fines and, in severe cases, imprisonment. Specifically, individuals and corporations found guilty of violating these safety standards may face fines of up to $1.1 million for corporations and up to $220,000 for individuals, as well as potential imprisonment for up to five years (section 82). Additionally, consumers have the right to seek redress through civil action under the Trade Practices Act, which may result in damages and other remedies as deemed appropriate by the court.