explanatory Statement
Issued by the Authority of the Parliamentary Secretary to the Treasurer
Trade Practices Act 1974
Consumer Protection Notice No 4 of 2005
Amendment to Consumer Product Safety Standard: Sunglasses and Fashion Spectacles
Paragraph 65E of the Trade Practices Act 1974 (the Act) provides that the Minister responsible for Consumer Affairs may, by notice in writing published in the Commonwealth of Australia Gazette declare that, in respect of goods of a kind specified in the notice, a particular standard, or a particular part of a standard, prepared or approved by Standards Australia International Limited, or such a standard or part of a standard with additions or variations specified in the notice, is a consumer product safety standard for the purposes of section 65C of the Act.
Paragraph 65C(1)(a) of the Act provides that a corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, if the goods are of a kind in respect of which there is a consumer product safety standard and they do not comply with that standard.
Subsection 65C(2) of the Act provides that a regulation may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as are reasonably necessary to prevent or reduce risk of injury to any person. These requirements may relate to: performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; testing of the goods during, or after the completion of, manufacture or processing; and the form and content of markings, warnings or instructions to accompany the goods.
The mandatory safety standard for sunglasses and fashion spectacles was gazetted on 17 September 2003. The standard established requirements in such important aspects of eye health as transmission limits for visible, infra-red and ultraviolet radiation, the relative transmission of different visible wavelengths, the dimensions and strengths of lenses and frames and colouration standards for the lenses. Appropriate labelling of sunglasses is also required, including, among other things, warnings that sunglasses may be unsuitable for use by people with defective colour vision, particularly when driving, and the optical quality of the lens.
The purpose of the amendment is to exempt glasses or goggles for special use, including medical shields especially designed for use by vision impaired persons. Advice has been received that these type of glasses fail to meet the current standard. The main area in which they fail is in respect of strong colouration of lenses which is necessary to address particular problems experienced by the intended user (ie vision impaired persons). In this sense they are somewhat akin to prescription sunglasses which are exempt from the standard. On the available evidence exempting glasses for special use from the standard would not expose the user to safety risks.
Consultations have been held with members of the Consumer Products Advisory Committee (CPAC) which consists of Commonwealth, State, Territory, New Zealand and Papua New Guinea product safety officers, and members of the Standards Australia Technical Committee, which consists of representatives of government, industry and consumers. All agreed with the proposal.
The amendment will be subject to the Legislative Instruments Act 2004. That Act provides that all legislative instruments will cease to have effect after ten years. Consequently it is unnecessary to include a sunset clause.
Overview
The Trade Practices Act 1974 (the Act) was enacted by the Parliament of Australia to prevent anti-competitive practices and to protect consumers from unsafe goods and misleading or deceptive conduct. Consumer Protection Notice No 4 of 2005 amends the consumer product safety standard for sunglasses and fashion spectacles by exempting glasses or goggles for special use, including medical shields designed for vision impaired persons, from the mandatory safety standard. The amendment aims to ensure these special use glasses do not pose safety risks to their intended users, despite not meeting the current standard due to their necessary strong colouration of lenses. This amendment reflects the consensus from consultations with the Consumer Products Advisory Committee and the Standards Australia Technical Committee, ensuring that the exemption aligns with safety and practical needs of the intended users.
Scope and Application
The Trade Practices Act 1974, as amended, governs the supply of goods in trade or commerce within Australia, ensuring consumer safety by imposing mandatory safety standards on certain products. Specifically, this legislation mandates that corporations must not supply consumer goods, including sunglasses and fashion spectacles, that do not comply with designated consumer product safety standards. These standards, which can be established by the Minister for Consumer Affairs and may include variations specified in notices published in the Commonwealth of Australia Gazette, cover various aspects of product safety such as performance, design, and labelling. The original safety standard for sunglasses and fashion spectacles was established to ensure these products meet specific criteria for radiation transmission, lens and frame dimensions, and labelling requirements, among others. However, an amendment was introduced to exempt certain glasses or goggles designed for special use, such as medical shields for vision-impaired individuals, from these standards due to their necessity for addressing specific user needs that the existing standards do not accommodate. This amendment was supported by consultations with the Consumer Products Advisory Committee and the Standards Australia Technical Committee, and it will be subject to the Legislative Instruments Act 2004, which ensures all legislative instruments will cease to have effect after ten years.
Key Provisions
The Trade Practices Act 1974, specifically under section 65E (paragraph 65E), enables the Minister responsible for Consumer Affairs to declare, through a written notice published in the Commonwealth of Australia Gazette, that a particular standard or part of a standard prepared or approved by Standards Australia International Limited, or a modified version of such a standard, is a consumer product safety standard for the purposes of section 65C of the Act. This provision applies to goods intended for consumer use, ensuring that these products meet specific safety criteria to prevent or reduce the risk of injury. The mandatory safety standard for sunglasses and fashion spectacles, gazetted on 17 September 2003, includes detailed requirements such as transmission limits for visible, infrared, and ultraviolet radiation, lens and frame dimensions and strengths, and appropriate labelling to warn consumers about potential issues like unsuitable use for people with defective colour vision.
The obligations imposed by the Act under section 65C(1)(a) require corporations to ensure that the goods they supply to consumers comply with any relevant consumer product safety standards. This includes adhering to the established safety criteria regarding the performance, composition, manufacturing processes, design, and packaging of the products. Subsection 65C(2) allows regulations to prescribe specific consumer product safety standards for particular goods, detailing requirements such as testing methods, markings, warnings, and instructions. The Act mandates that sunglasses and fashion spectacles must meet these safety standards to avoid non-compliance risks.
In terms of potential consequences for non-compliance, the Act does not explicitly detail specific offences or penalties within the explanatory statement. However, it is reasonable to infer that breaches of the consumer product safety standards could lead to legal actions under the Trade Practices Act 1974. Penalties for such breaches could include fines, legal sanctions, or other civil remedies, although the exact penalties are not specified in the provided text. It is also noted that the amendment will be subject to the Legislative Instruments Act 2004, which mandates that all legislative instruments will cease to have effect after ten years, thereby making a sunset clause unnecessary.