COMMONWEALTH OF AUSTRALIA
Trade Practices Act 1974
Consumer Protection Notice No. 15 of 2003
CONSUMER PRODUCT SAFETY STANDARD – VEHICLE JACKS
I, Ross Cameron, Parliamentary Secretary to the Treasurer, pursuant to section 65E(1) of the Trade Practices Act 1974 and for the purposes of section 65C of that Act, hereby:
(a) REVOKE the consumer product safety standard for vehicle jacks declared in Consumer Protection Notice No.5 of 1997 and published in Gazette GN 11 of 19 March 1997.
(b) DECLARE that from the date of publication of this notice the consumer product safety standard for vehicle jacks with a nominated capacity of up to and including 8 tonnes is either of the two standards described in the Schedule below.
Schedule
The standards are either:
Australian/New Zealand Standard AS/NZS 2693:2003 Vehicle jacks, published by Standards Australia on 20 March 2003, varied by:
(i) Deleting clauses 5.8 and 6.3;
(ii) In clause 6.7(c) deleting the words “using an operating force not exceeding that specified in Clause 6.3”;
(iii) In Appendix F, Clause F3(h), deleting the second sentence “Do not exceed the operating force specified in Clause 6.3”, and in Clause F4(c), deleting the words “without exceeding the operating force specified in Clause 6.3”.
or
Australian/New Zealand Standard AS/NZS 2693:1993 Vehicle Jacks, approved by Standards Australia on 17 May 1993, as amended by Amendment 1 of 11 April 1994, varied by deleting clause 5.9.
Dated this 12th day of December 2003
Ross Cameron
Parliamentary Secretary to the Treasurer
Overview
The Trade Practices Act 1974, enacted by the Commonwealth Parliament, serves to regulate anti-competitive behaviour and ensure fair trading practices in the Australian market. The Act has been amended and supplemented over the years to address evolving consumer protection issues. Consumer Protection Notice No. 15 of 2003, issued under the authority of the Trade Practices Act, specifically targets the safety standards for vehicle jacks. This legislative instrument revokes the previous safety standard set forth in Consumer Protection Notice No. 5 of 1997 and establishes new safety criteria for vehicle jacks with a nominated capacity of up to and including 8 tonnes. The policy objective is to enhance consumer safety by aligning the safety standards for vehicle jacks with the most recent Australian/New Zealand Standards, thereby reducing the risk of accidents and injuries associated with the use of these products.
Scope and Application
The Trade Practices Act 1974, through Consumer Protection Notice No. 15 of 2003, applies to the safety standards of vehicle jacks with a nominated capacity of up to and including 8 tonnes. This Act is applicable to all manufacturers, importers, and suppliers of vehicle jacks within the Commonwealth of Australia, ensuring these entities adhere to the specified safety standards. The Act mandates compliance with either the Australian/New Zealand Standard AS/NZS 2693:2003 Vehicle Jacks or the Australian/New Zealand Standard AS/NZS 2693:1993 Vehicle Jacks, each amended to remove certain clauses and references. The legislative instrument revokes the previous consumer product safety standard declared in 1997 and replaces it with the updated standards to enhance safety. This notice extends its reach across the entire Commonwealth, ensuring uniform safety regulations for vehicle jacks throughout Australia.
Key Provisions
The Consumer Protection Notice No. 15 of 2003, issued under the Trade Practices Act 1974, revokes the previously declared consumer product safety standard for vehicle jacks established in Consumer Protection Notice No. 5 of 1997. Instead, it introduces new safety standards for vehicle jacks with a nominated capacity of up to and including 8 tonnes, which must comply with either the Australian/New Zealand Standard AS/NZS 2693:2003 or the Australian/New Zealand Standard AS/NZS 2693:1993, each subject to certain modifications. These modifications include specific deletions and alterations to clauses and appendix entries within the standards to ensure the safety and reliability of vehicle jacks used by consumers.
Manufacturers, importers, and suppliers of vehicle jacks with a nominated capacity of up to and including 8 tonnes must ensure that their products meet the revised standards outlined in the Notice. This entails complying with the specified standards, either AS/NZS 2693:2003 or AS/NZS 2693:1993, which have been altered as indicated. The modifications primarily focus on removing certain clauses and altering instructions to align with updated safety requirements. These entities are obligated to provide accurate information regarding the compliance of their products with the new safety standards, ensuring that any vehicle jacks supplied to consumers meet the necessary safety criteria.
Failure to comply with the provisions of this Consumer Protection Notice may result in legal consequences. Specifically, the Trade Practices Act 1974 provides for civil and criminal penalties for non-compliance with declared safety standards. The maximum penalties for contravening these provisions include fines and potential imprisonment. The precise penalties depend on the nature and extent of the contravention, but they serve as a deterrent against the supply of unsafe vehicle jacks, thereby protecting consumer safety and upholding regulatory standards.