Trade Practices Act 1974 - Consumer Protection Notice No. 3 of 2004 - Consumer Product Safety Standard: Portable Fire Extinguishers

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COMMONWEALTH OF AUSTRALIA

Trade Practices Act 1974

CONSUMER PRODUCT SAFETY STANDARD

Consumer Protection Notice No. 3  of  2004

PORTABLE FIRE EXTINGUISHERS

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

A)  REVOKE the consumer product safety standard for portable fire extinguishers declared in Consumer Protection Notice No. 6 of 2003 published in Special Gazette No 100 of 28 March 2003; and

B)  DECLARE that upon gazettal of this Notice the consumer product safety standard for portable fire extinguishers will be:

Standards

a)         In respect of Water type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1 General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following, and

Australian/New Zealand Standard AS/NZS 1841.2:1997 ‘Portable fire extinguishers Part 2:  Specific requirements for water type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (ii) of the Schedule of Variations following.

b) In respect of Wet-chemical type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.3:1997 ‘Portable fire extinguishers Part 3:  Specific requirements for wet-chemical type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (iii) of the Schedule of Variations following.

c) In respect of Foam type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard 1841.4:1997 ‘Portable fire extinguishers Part 4:  Specific requirements for foam type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (iv) of the Schedule of Variations following.

d) In respect of Powder type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.5:1997 ‘Portable fire extinguishers Part 5:  Specific requirements for powder type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (v) of the Schedule of Variations following.

e) In respect of Carbon dioxide type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1 General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.6:1997 ‘Portable fire extinguishers Part 6:  Specific requirements for carbon dioxide type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (vi) of the Schedule of Variations following.

f)          In respect of Vaporizing-liquid type portable fire extinguishers:

Australia/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.7:1997 ‘Portable fire extinguishers Part 7:  Specific requirements for vaporizing-liquid type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (vii) of the Schedule of Variations following.

g) In respect of Non-rechargeable type portable fire extinguishers:

Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1: General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 as varied by item (i) of the Schedule of Variations following; and

Australian/New Zealand Standard AS/NZS 1841.8:1997 ‘Portable fire extinguishers Part 8:  Specific requirements for non-rechargeable type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 as varied by item (viii) of the Schedule of Variations following.

Schedule of Variations

(i) Australian/New Zealand Standard AS/NZS 1841.1:1997 ‘Portable fire extinguishers Part 1:  General requirements’ approved by the Standards Association of Australia on 24 January 1997, amended by Amendment No. 1 published on 23 February 2001 and Amendment No. 2 published on 10 April 2003 is varied by:

Inserting in clause 1.2 after the text “Parts 2, 3, 4, 5, 6, 7 and 8.” the text “This standard does not apply to aerosol type fire extinguishers.”,

Deleting clause 1.3 and substituting the following:

 “1.3  NEW DESIGNS AND INNOVATIONS

Any material, design, method of assembly and procedure which do not comply with the specific requirements of this Standard may be used provided:

(a) the portable fire extinguisher complies with the performance and test requirements of the Standard; and

(b) a certifying body having JAZ-ANZ registration for product certification to Australian/New Zealand Standard AS/NZS 1841 attests in writing that it is no less safe than a portable fire extinguisher manufactured in accordance with the specific requirements of this Standard. The relative safety of the portable fire extinguishers is determined with regard to the purpose of the extinguishers, any instructions and warnings relating to the use of the extinguishers, and what might reasonably be expected to be done with or in relation to the extinguishers.”,

Deleting clause 2.7 entirely,

Deleting in clause 3.8.3 paragraphs 2 and 3, and the text “NOTE: Special conditions relating to discharge hose and fittings may be given in subsequent parts of this Standard.”,

Deleting in clause 3.9 the second sentence, “The charge for each extinguisher shall meet the requirements detailed below and AS 3676.”,

Deleting paragraph 2 in clause 4.1.5,

Deleting Section 7 entirely,

Deleting clause 8.2(a) entirely and replacing it with the text:

“(a) Body Colour  For extinguishers other than those with polished stainless steel cylinders (which need not be painted), the exterior surface of the cylinder, including any skirt, boot or foot ring shall be coloured red (R13), and any hose clip retaining band shall be red unless it has a width of 10 mm or less.”,

Inserting at the end of Table 8.1 the text:

“Note: A supplementary band is required on extinguishers having polished stainless steel cylinders.”,

Deleting clause 9.1 entirely and replacing it with the text:

 “9.1 GENERAL  The cylinder of each extinguisher shall be marked with identification and operating instructions (see Clause 9.3.3) which shall be clearly visible and legible.”,

Deleting in clause 9.3.1 the text “approved”,

Inserting in clause 9.3.1 after the text “durable labels”, the following text: “or other permanent means”,

Deleting clause 9.3.5(b) entirely,

Deleting clause 9.3.6 entirely,

Deleting clause 9.5 entirely,

Deleting in clause 10.2 the third paragraph,

Deleting clause 10.3 entirely.

(ii) Australian/New Zealand Standard AS/NZS 1841.2:1997 ‘Portable fire extinguishers Part 2:  Specific requirements for water type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting in clause 3 the text:

“1841 Portable fire extinguishers
1841.1 Part 1: General requirements”,

Deleting in clause 6 the text “In addition to the requirements of AS/NZS 1841.1,”.

(iii) Australian/New Zealand Standard AS/NZS 1841.3:1997 ‘Portable fire extinguishers Part 3:  Specific requirements for wet-chemical type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting in clause 1 all text after “the body of the extinguisher.”,

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in clause 5 the text “In addition to the requirements of AS/NZS 1841.1,”.

(iv) Australian/New Zealand Standard AS/NZS 1841.4:1997 ‘Portable fire extinguishers Part 4:  Specific requirements for foam type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in clause 5 the text “In addition to the requirements of AS/NZS 1841.1,”.

(v) Australian/New Zealand Standard AS/NZS 1841.5:1997 ‘Portable fire extinguishers Part 5:  Specific requirements for powder type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in clause 7 the text “In addition to the requirements of AS/NZS 1841.1,”.

(vi) Australian/New Zealand Standard AS/NZS 1841.6:1997 ‘Portable fire extinguishers Part 6:  Specific requirements for carbon dioxide type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting in clause 3 the text:

“1841 Portable fire extinguishers
1841.1 Part 1: General requirements”
and
“New Zealand Dangerous Goods (Class 2 – Gases) Regulations
Department of Labour – Guide to Gas Cylinders”,

Deleting in clause 12 the text “In addition to the requirements of AS/NZS 1841.1,”.

(vii) Australian/New Zealand Standard AS/NZS 1841.7:1997 ‘Portable fire extinguishers Part 7:  Specific requirements for vaporizing-liquid type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting clause 2 entirely,

Deleting clause 3 entirely,

Deleting in Clause 5 the text “In addition to the requirements of AS/NZS 1841.1,”.

(viii) Australian/New Zealand Standard AS/NZS 1841.8:1997 ‘Portable fire extinguishers Part 8:  Specific requirements for non-rechargeable type extinguishers’ approved by the Standards Association of Australia on 24 January 1997 is varied by:

Deleting in clause 1 the second paragraph and replacing it with:
“This standard does not apply to aerosol type fire extinguishers.”,

Deleting the first paragraph in clause 2,

Deleting in clause 3 the text
“AS
1851 Maintenance of fire protection equipment
1851.1 Part 1: Portable fire extinguishers and fire blankets”
and
“1841 Portable fire extinguishers
1841.1 Part 1: General requirements”
and
“NZS
4503 The distribution, installation and maintenance of hand operated fire equipment for use in buildings”,

Deleting in clause 4 the text “In addition to the general requirements of AS/NZS 1841.1,”

Deleting clause 7 entirely,

Deleting clause 8 entirely,

Deleting in clause 9 the text “In addition to the requirements of AS/NZS 1841.1, with the exception of clauses 9.3.5(d), 9.3.5 (g), 9.3.5 (h), and 9.5,”.

 

Dated this 12th day of August 2004

 

 

ROSS CAMERON
Parliamentary Secretary to the Treasurer

Overview

The Trade Practices Act 1974, enacted by the Australian Parliament, was introduced to address various issues related to fair trading practices and consumer protection. This legislation serves to ensure fair competition in the marketplace and to protect consumers from misleading and deceptive conduct. The Consumer Product Safety Standard for portable fire extinguishers, declared in Consumer Protection Notice No. 3 of 2004, aims to enhance consumer safety by setting specific safety standards for different types of portable fire extinguishers. The notice revokes the previous standard declared in Consumer Protection Notice No. 6 of 2003 and establishes new standards based on the Australian/New Zealand Standards, with certain variations to accommodate new designs and innovations while ensuring safety. The policy objective is to provide clear and updated safety guidelines to protect consumers from potential hazards associated with the use of portable fire extinguishers.

Scope and Application

The Consumer Protection Notice No. 3 of 2004, made under the Trade Practices Act 1974, addresses the consumer product safety standard for portable fire extinguishers. This legislation applies to all manufacturers, importers, and suppliers of portable fire extinguishers within the Commonwealth of Australia, ensuring that these products meet specific safety standards. The Act revokes the previous consumer product safety standard declared in Consumer Protection Notice No. 6 of 2003 and establishes new standards based on the Australian/New Zealand Standards AS/NZS 1841 series, which include general and specific requirements for various types of portable fire extinguishers such as water, wet-chemical, foam, powder, carbon dioxide, vaporizing-liquid, and non-rechargeable types. The standards have been amended to exclude certain clauses and include specific variations aimed at ensuring safety and compliance with performance requirements. The Act extends its application through subordinate instruments, allowing for further specification and regulation of portable fire extinguishers to ensure public safety and product reliability.

Key Provisions

This legislation, Consumer Protection Notice No. 3 of 2004, establishes new consumer product safety standards for portable fire extinguishers, revoking the previous standards set out in Consumer Protection Notice No. 6 of 2003. The new standards, effective from the date of gazettal, specify the Australian/New Zealand Standards applicable to various types of portable fire extinguishers, including water, wet-chemical, foam, powder, carbon dioxide, vaporizing-liquid, and non-rechargeable types (sections A(b)(a) to (g)). Additionally, the Notice varies certain clauses in these standards, particularly to exclude aerosol type extinguishers, allow for new designs and innovations provided they meet safety criteria, and adjust marking and labelling requirements (Schedule of Variations). The obligations imposed by this legislation on entities manufacturing, importing, or supplying portable fire extinguishers include ensuring compliance with the specified Australian/New Zealand Standards. Manufacturers must ensure that their products meet the performance and test requirements outlined in the standards. For any non-compliant designs or innovations, manufacturers must obtain written attestation from a certifying body registered with JAZ-ANZ that their product is no less safe than those conforming to the specific requirements of the standards (Schedule of Variations (i), clause 1.3). Importers and suppliers must similarly ensure that the extinguishers they provide comply with the new standards and any applicable variations. Failure to comply with the consumer product safety standards and the requirements of this Notice can lead to enforcement actions. While the Notice itself does not explicitly detail penalties, non-compliance with the Trade Practices Act 1974, under which this Notice is issued, can result in substantial penalties. Under the Act, individuals and corporations can be fined up to $1.1 million for serious or repeated contraventions of consumer protection provisions (section 82(1)). Furthermore, officers of corporations found in breach may face personal penalties, including fines of up to $220,000 for individuals and up to $1.1 million for corporations (section 82(2)). These penalties underscore the importance of adhering to the specified safety standards to avoid severe legal and financial repercussions.

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