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Trade Practices Act 1974 - Consumer Protection Notice No. 16 of 2003 - Consumer Product Information Standard: Care labelling for clothing and textile products

Trade Practices Act 1974 - Consumer Protection Notice No. 16 of 2003 - Consumer Product Information Standard: Care labelling for clothing and textile products

Administered by Department of the Treasury

Legislation au F2005B01056 Not in force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

Trade Practices Act 1974

CONSUMER PRODUCT INFORMATION STANDARD

Consumer Protection Notice No.16 of 2003

CARE LABELLING FOR CLOTHING AND TEXTILE PRODUCTS

I, ROSS CAMERON, Parliamentary Secretary to the Treasurer, pursuant to section 65E(1) of the Trade Practices Act 1974, hereby

DECLARE that:

In respect of the goods specified in Division l of the Schedule to this Notice, the standard approved by the Standards Association of Australia specified in Division 2 of the Schedule as amended by the variations specified in Division 3 of the Schedule, is a consumer product information standard for the purposes of section 65D of the Trade Practices Act 1974.

II. This standard will come into effect on 1 January 2004.

THE SCHEDULE

Division l: Particulars of Goods:

Clothing, household textiles, apparel, furnishings, upholstered furniture, bedding, mattresses, bed bases, piece goods and yarns made from textiles, plastics, plastic coated fabrics, suede, skins, hides, grain leathers and/or furs but not including goods specified below.

Goods exempt from Care Labelling Requirements

Second hand goods: All second hand goods are exempt.

Men’s, Women’s, Children’s and Infant’s Wear: Unsupported coats (including overcoats, jackets and the like) of PVC film, handkerchiefs, braces, garter suspenders, arm bands, belts, headwear.

Footwear: All footwear other than all types of hosiery, textile materials used in the manufacture of footwear.

Drapery: Floor cloths, dish cloths, dusters, cleaning cloths, pressing cloths.

Haberdashery: Ornaments, artificial flowers, sewing and embroidery threads and all other small items of haberdashery used in the making of clothing and textile products where instructions are not needed to ensure that the clothing or textile product is not damaged during cleaning and maintenance.

Furnishings: Oil baize, window blinds, shade blinds, sun blinds, awnings, floor coverings, light fittings, lampshades, tapestries, wall hangings, ornaments, handicraft items, draught excluders, non-upholstered furniture, cushions and cushion covers manufactured from remnants and labelled by the manufacturer with the following disclaimer “cushion cover manufactured from remnant/s, care treatment unknown”.

Jute Products: All jute products.

Medical and Surgical Goods: All goods intended for medical and surgical use as bandages, dressings, sanitary pads or materials forming part of manufactured medical and surgical goods.

Canvas Goods: Beach and garden umbrella coverings.

Miscellaneous Goods: Cords, twines, lashings, garden hose, toys, umbrellas and parasols, shoelaces, woven labels, flex coverings, goods manufactured for sporting purposes (including sporting gloves but excluding all other apparel), articles intended for one use only, mops, basket hangers, shoe holders, remnants, industrial gloves, polypropylene webbing furniture, all bags and cases (including handbags, purses, wallets, travel bags, school bags, sports bags, briefcases and wash bags).

Division 2: The Standard

1. Australian/New Zealand Standard AS/NZS 1957:1998 Textiles - Care labelling, published on 5 January 1998.

Division 3: Variations:

Australian/New Zealand Standard AS/NZS 1957:1998, specified in Division 2 is varied by:

(A) Deleting clauses 1.1, 1.2, 1.3, and 1.4.

(B) Deleting clause 2.1.3 and replacing it with:

“2.1.3 Care instructions for articles unable to be washed or drycleaned: Where an article is unable to be washed or drycleaned, the permanent label shall include appropriate instructions in words:

(a) which warn that the article is unable to be washed or drycleaned; and

(b) which adequately describe the care treatment.”

(D) Deleting clause 2.2(c) and replacing it with the following clause:

“(c) The wording of the label shall be in English and be clearly legible.”

(E) Delete note 1 to clause 2.2.

(F) Add the following words to note 5 after clause 2.2:

“This includes individual pieces of household textile products sold as sets, eg napkin and tablecloth sets.”

(G) Adding the following clauses after clause 2.3:

“2.4 Where in this standard there is a requirement for care instructions from categories in Tables 1, 2 or 3 to be provided on or with articles, words that have a similar meaning to the care instructions listed in Tables 1, 2 or 3 may be used.

2.5 Made up goods of a kind specified below are exempt from the requirement that a permanent label shall be attached to the goods. However where a permanent label is not provided for such goods, care instructions shall be provided on a removable ticket or label attached to the goods, on a pamphlet accompanying the goods or as printed instructions on the wrapper or other matter in which the goods are packaged.

Made-up goods for which care instructions may be provided in a form other than by a permanent label:

Adult’s, children’s and infant’s wear: Collars, neckwear, bow ties, gloves, mittens, all types of hosiery, incontinence garments, reversible garments, fur garments, bibs, washable nappies, squares of flannelette, terry towelling or muslin, baby pilchers.

Drapery: Face washers, serviettes, doilies, table cloths, tray cloths, centres, runners, duchess sets, mosquito netting and covers made therefrom, butter muslin and gauze, tea towels, place mats, pot holders, finger tips, appliance covers for teapots, toasters or the like, hot water bottle covers.

Haberdashery: Elastic, elastic threads, ribbons, zips, iron-on binding patches or trim, velcro type fasteners, curtain making kits and all other small items of haberdashery used in the making of clothing and textile products where instructions are needed to ensure that the clothing or textile product is not damaged during cleaning and maintenance.

Furnishings: Cushions that are an integral part of a furniture suite, shower curtains.

Miscellaneous: Gardening gloves.”

(H) Delete the words “each of” from the first sentence of clause 3.4.

(I) Delete the words “each of” from the first sentence of clause 3.5.

(J) Delete the words “each category” from the second sentence of clause 3.6 and replace with the words “the categories”.

(K) Delete the third sentence of clause 3.6.

(L) Add the words “The symbol denoting ‘do not dry clean’, that is the circle with the cross through it, is optional.” at the end of clause 3.6.

Dated this 12th day of December 2003

ROSS CAMERON

Overview

The Trade Practices Act 1974, enacted by the Australian Parliament, is a comprehensive statute designed to promote fair trading and protect consumers from misleading and deceptive conduct. This legislation aims to address the gap in consumer protection by ensuring that businesses adhere to fair trading practices and provide accurate information about consumer products. The Consumer Protection Notice No. 16 of 2003, issued under section 65E(1) of the Trade Practices Act 1974, focuses specifically on care labelling for clothing and textile products. This notice, declared by Ross Cameron, the Parliamentary Secretary to the Treasurer, seeks to standardise care label information for a wide range of goods to protect consumers by clearly communicating how these products should be cleaned and maintained. The policy objective is to ensure consumers can properly care for their textile products, thereby extending the life and usability of these items.

Scope and Application

The Consumer Product Information Standard for Care Labelling for Clothing and Textile Products, declared under section 65E(1) of the Trade Practices Act 1974, applies to a wide range of goods including clothing, household textiles, apparel, furnishings, upholstered furniture, bedding, mattresses, bed bases, piece goods, and yarns made from textiles, plastics, plastic coated fabrics, suede, skins, hides, grain leathers, and/or furs. The standard was approved by the Standards Association of Australia and came into effect on 1 January 2004. However, certain goods are exempt from these care labelling requirements. These include second hand goods, unsupported coats and various accessories such as handkerchiefs, braces, garter suspenders, arm bands, belts, headwear, footwear excluding hosiery, drapery items like floor cloths and dish cloths, haberdashery items such as ornaments and artificial flowers, furnishings like oil baize and window blinds, jute products, medical and surgical goods, canvas goods such as beach and garden umbrella coverings, and miscellaneous goods like cords, twines, garden hose, toys, umbrellas, and bags. The standard is applicable nationally across Australia, and its application may be further extended or restricted through subordinate instruments, though no such variations are noted in this particular legislative instrument.

Key Provisions

The Consumer Protection Notice No. 16 of 2003, which declares the Care Labelling for Clothing and Textile Products standard, outlines specific requirements for the labelling of care instructions on various textile products (s. 1). The standard applies to a wide range of goods including clothing, household textiles, apparel, furnishings, and others, but excludes several categories such as second-hand goods, unsupported coats, footwear other than hosiery, certain drapery, haberdashery items, furnishings, jute products, medical and surgical goods, canvas goods, and miscellaneous items like bags and cases (Schedule Division 1). The standard itself is the Australian/New Zealand Standard AS/NZS 1957:1998, with specified variations that modify certain clauses and add new ones to clarify and update the original standard (Schedule Division 2 and 3). Entities governed by this standard must ensure that the appropriate care instructions are clearly labelled on or with the goods, in English and in a clearly legible manner (Schedule Division 2, clause 2.1.3). For goods that cannot be washed or dry cleaned, labels must include specific instructions warning of this limitation and adequately describe the appropriate care treatment. Additionally, for made-up goods that do not require a permanent label, care instructions must be provided either on a removable ticket or label, in an accompanying pamphlet, or on the packaging (Schedule Division 2, clause 2.4 and 2.5). Failure to comply with the care labelling requirements can result in legal consequences. While the Notice does not explicitly state the penalties for non-compliance, breaches of the Trade Practices Act 1974, under which this standard is declared, can attract significant penalties. For corporations, the penalties can include substantial fines up to several million dollars, depending on the severity and frequency of the breach. Individual officers or employees responsible for the non-compliance can also face personal penalties, including fines and imprisonment, particularly if the breach was willful or negligent.

Area of Law: Consumer Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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