Trade Practices Act 1974 - Consumer Protection Notice No. 6 of 1997 - Consumer Product Safety Standard: Portable Ramps for Vehicles

Overview

The Trade Practices Act 1974, enacted by the Parliament of Australia, aims to address consumer protection issues by ensuring fair trading and competitive practices within the market. A specific issue this Act targets is the safety of consumer products, including portable ramps for vehicles, which can pose significant risks if not designed or manufactured to appropriate safety standards. Consumer Protection Notice No. 6 of 1997, issued under the authority of the Minister for Small Business and Consumer Affairs, Geoffrey Daniel Prosser, revokes the previous safety standard for portable vehicle ramps and establishes a new consumer product safety standard. This legislative instrument aims to protect consumers by ensuring that portable ramps for vehicles, specifically those with a capacity of up to 1.5 tonnes, meet the stringent safety requirements outlined in the Australian Standard 2640 – 1994. The policy objective is to mitigate risks associated with the use of these ramps, thereby safeguarding public safety and consumer confidence in the product.

Scope and Application

The Trade Practices Act 1974, under Consumer Protection Notice No. 6 of 1997, specifically addresses the consumer product safety standard for portable ramps for vehicles with a nominated capacity up to and including 1.5 tonnes. This Act applies to the goods specified in Division 1 of the Schedule, namely portable ramps for vehicles within the mentioned capacity. The application of this Act is nationwide, encompassing the entire Commonwealth of Australia. The Act revokes the previous consumer product safety standard for these ramps published in Gazette No. GN 39 on 5 October 1994, and it declares that the Australian Standard 2640 – 1994 “Portable Ramps for Vehicles”, approved by Standards Australia on 10 February 1994, is now the approved consumer product safety standard under section 65C of the Act. There are no stated exclusions, exemptions, or thresholds specified within the notice itself; however, the Act's application may be extended or restricted through subordinate instruments as necessary.

Key Provisions

This legislative instrument, issued under the Trade Practices Act 1974, revokes the existing consumer product safety standard for portable ramps for vehicles and introduces a new standard. Specifically, section (a) of the Notice revokes the previous safety standard published in Gazette No. GN 39 on 5 October 1994, while section (b) declares that the Australian Standard 2640 – 1994 “Portable Ramps for Vehicles”, approved by Standards Australia on 10 February 1994, is now the approved consumer product safety standard for portable ramps for vehicles with a nominated capacity up to and including 1.5 tonnes. This change ensures that manufacturers, importers, and suppliers of such ramps comply with the most current safety requirements. Under the Trade Practices Act 1974, the obligations imposed by this legislative instrument primarily affect manufacturers, importers, and suppliers of portable ramps for vehicles. They are required to ensure that their products meet the new Australian Standard 2640 – 1994. This includes adhering to the safety specifications and guidelines outlined in the standard, such as structural integrity, load capacity, and any relevant testing procedures. Failure to comply with these standards could result in non-compliance with the Act and potential legal repercussions. The Act also outlines the consequences for non-compliance with the consumer product safety standard. Any person who contravenes the provisions of the Trade Practices Act 1974 by supplying goods that do not meet the declared safety standard may face civil penalties. For corporations, the maximum penalty is a fine of up to $1.1 million for each offence, while individuals may face a penalty of up to $220,000 for each offence. Additionally, criminal sanctions could be applied if the non-compliance is deemed to be in the nature of a deliberate and flagrant disregard for the safety of consumers, leading to potential imprisonment. These penalties serve as a deterrent against the supply of unsafe portable ramps for vehicles.