Trade Practices Act 1974 - Consumer Protection Notice No. 4 of 1997 - Consumer Product Safety Standard: Trolley jacks

Overview

The Trade Practices Act 1974, enacted by the Parliament of Australia, was designed to protect consumers and ensure fair trading practices. One of the key mechanisms within this Act is the issuance of consumer product safety standards, which help to ensure that goods sold in Australia meet minimum safety requirements. Consumer Protection Notice No 4 of 1997, issued by Geoffrey Daniel Prosser, Minister for Small Business and Consumer Affairs, is a specific legislative instrument under this Act that seeks to address safety concerns related to trolley jacks, which are essential tools for lifting and moving heavy objects. The policy objective of this Notice was to revoke an outdated safety standard and replace it with updated standards to enhance the safety of trolley jacks in the marketplace, thereby protecting consumers from potential hazards associated with the use of these products.

Scope and Application

The Consumer Protection Notice No 4 of 1997 under the Trade Practices Act 1974 applies to trolley jacks with a nominated capacity of up to and including 2.5 tonnes. This legislation revokes the previous consumer product safety standard published in Gazette No. GN 17 on 5 May 1993 and establishes new standards approved by the Standards Association of Australia. These standards are set out in Division 2 of the Schedule and consist of either the Australian Standard 2615 – 1987 or the Australian/New Zealand Standard 2615 – 1995. The new standards are to be applied to the specified goods and will cease to have effect from 1 January 1999. The notice is issued by Geoffrey Daniel Prosser, the Minister for Small Business and Consumer Affairs, and its reach is national, impacting all entities and persons involved in the manufacture, distribution, or sale of trolley jacks within Australia.

Key Provisions

The Trade Practices Act 1974 Consumer Protection Notice No 4 of 1997 outlines specific provisions related to the safety standards of trolley jacks. Section (a) revokes the existing consumer product safety standard for trolley jacks, which was published in Gazette No. GN 17 on 5 May 1993, thereby rendering it null and void. Section (b) declares new safety standards for trolley jacks, specifying that the standards approved by the Standards Association of Australia, as detailed in Division 2 of the Schedule, will be the consumer product safety standards. These new standards apply to trolley jacks with a nominated capacity up to and including 2.5 tonnes, as specified in Division 1 of the Schedule. Section (c) declares that the previously mentioned standard will cease to have effect from 1 January 1999. The Act imposes several obligations on manufacturers, importers, and suppliers of trolley jacks. They must ensure that their products comply with either Australian Standard 2615 – 1987 “Trolley Jacks”, approved on 4 May 1987, or Australian/New Zealand Standard 2615 – 1995 “Hydraulic Trolley Jacks”, approved on 24 August 1995. These standards are designed to ensure the safety and reliability of trolley jacks when in use. Manufacturers, importers, and suppliers must also provide appropriate labelling and documentation to certify compliance with the standards. This ensures that consumers and end-users are fully informed about the safety features and limitations of the trolley jacks they purchase. Failure to comply with the consumer product safety standards for trolley jacks can result in various legal consequences. While the Trade Practices Act 1974 itself does not explicitly detail the penalties for non-compliance with these safety standards, breaches of consumer protection laws generally attract civil or criminal penalties under the Act. Civil penalties can include fines, and in some cases, corrective advertising or public notices. Criminal penalties might include fines and imprisonment, depending on the severity and intent of the breach. The exact penalties are determined by the courts and can vary based on the specific circumstances of each case.