Trade Practices Act 1974 - Consumer Protection Notice No. 9 of 2004 - Consumer Product Safety Standard: Portable Fire Extinguishers: Aerosol Type

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COMMONWEALTH OF AUSTRALIA

TRADE PRACTICES ACT 1974

Consumer Protection Notice No. 9 of 2004

CONSUMER PRODUCT SAFETY STANDARD FOR PORTABLE FIRE EXTINGUISHERS: AEROSOL TYPE

I, CHRIS PEARCE, Parliamentary Secretary to the Treasurer, pursuant to section 65E(1) of the Trade Practices Act 1974, upon gazettal of this Notice hereby:

DECLARE that from 1 January 2005 the consumer product safety standard for non-rechargeable stored pressure portable fire extinguishers of the aerosol type will be Australian/New Zealand Standard AS/NZS 4353:1995, Portable fire Extinguishers – Aerosol type published by Standards Australia on 5 December 1995, subject to the following variations.

VARIATIONS

Australian/New Zealand Standard AS/NZS 4353:1995 is varied by:

(1) Amending clause 1.1 by deleting Note 2 entirely;

(2) Deleting clause 1.3 and substituting a new clause 1.3 as follows:

“1.3 REFERENCED DOCUMENTS  The following documents are referred to in this Standard:

Australian Standard AS 2706-1984, Numerical values-Rounding and interpretation of limiting values as amended by Amendment 1 of 1 September 1985;

Australian/New Zealand Standard AS/NZS 1850:1997, Portable fire extinguishers – classification, rating and performance testing; and

Australian Standard AS 2278-1986, METAL AEROSOL CONTAINERS as amended by amendment 1 of 1 June 1988.”;

(3) Deleting clause 1.4.13 entirely;

(4) Deleting clause 1.5 entirely and substituting a new clause 1.5 as follows:

“1.5 CLASSIFICATION AND RATING  Classification and rating of extinguishers shall be determined from the results of tests set out in AS/NZS 1850.”;

(5) Inserting a clause 1.6 as follows:

“1.6 INTERPRETATION OF SPECIFIED LIMITING VALUES  For the purpose of assessing compliance with this standard, the specified limiting values shall be in accordance with the ‘rounding method’ prescribed in AS 2706. i.e., the observed or calculated value shall be rounded to the same number of figures as in the specified limiting value and then compared with the specified limiting value. For example, for specified limiting values of 2.5, 2.50 and 2.500 the observed or calculated value would be rounded to the nearest 0.1, 0.01 or 0.001.”;

(6) Deleting clause 2.2 entirely;

(7) Deleting clause 2.5 entirely;

(8) Deleting clause 3.4 entirely;

(9) Amending clause 3.5.1 by deleting the words “Every extinguisher shall be provided with a support fitting for, at least, static mounting.”;

(10) Deleting clause 5.2 entirely;

(11) Deleting clause 6.1 entirely and substituting a new clause 6.1 as follows:

“6.1 RATINGS  Aerosol fire extinguishers shall be capable of achieving the following ratings

(a) for an extinguisher that contains ABE powder, a minimum classification and rating of 1A, 5B and E in accordance with AS/NZS 1850; or

(b) for an extinguisher that contains BE powder, a minimum classification and rating of 5B, 1F and E in accordance with AS/NZS 1850; or

(c) for liquid based extinguishers a minimum classification and rating of 5B and 1F in accordance with AS/NZS 1850.

Extinguishers not having an E capability shall be marked with the electrical prohibition sign given in clause 9.4.2.”;

(12) Amending clause 6.1.1 by deleting the words “or NZS 4507”;

(13) Amending clause 6.1.2 by deleting the words “or NZS 4507”;

(14) Deleting clause 6.6 entirely;

(15) Deleting clause 6.7 entirely;

(16) Amending clause 6.9 by deleting the words “Every extinguisher shall be provided with a support fitting for at least static mounting.”;

(17) Deleting clause 6.11 entirely;

(18) Deleting clause 7.2 entirely and substituting a new clause 7.2 as follows:

“7.2 INTERMITTENT DISCHARGE  The extinguisher shall be subject to an interrupted discharge test as follows: The extinguisher shall be discharged for 3 s nominal, followed by a pause of 10 s nominal, and then discharged for a further 3 s nominal followed by a further pause of 10 s nominal. The balance of the contents shall then be discharged. The extinguisher shall discharge a minimum of 85% by weight of its contents.”;

(19) Amending clause 7.5 by deleting the words “The maximum leak rate permitted shall be in accordance with clause 6.5 after 5 years, the pressure in the extinguisher shall be not less than the minimum discharge pressure.”;

(20) Deleting clause 7.6 entirely;

(21) deleting clause 7.7 entirely;

(22) Deleting clause 7.8 entirely and substituting a new clause 7.8 as follows:

“7.8 POWDER COMPACTION TEST

7.8.1 General  A minimum of five extinguishers shall be correctly charged and each extinguisher in turn shall be held in the vertical position and dropped 500 times from a height of 15 ±1 mm at a rate of 1 ±0.02 Hz onto a rigid horizontal steel plate having dimensions greater than those of the extinguisher base.

7.8.2 Bonding  All the specimen extinguishers shall be stored at ambient temperature for not less than three months without being disturbed.

Prior to the extinguishers being discharged, they shall be stored at a temperature of 10-25°C for not less than 24 h.

7.8.3 Discharge after compaction  At the completion of the bonding period, three of the bonded extinguishers shall be selected and weighed and the results recorded. The discharge time shall be determined as 125% of the time for an uncompacted extinguisher. The test extinguishers shall be discharged for this time in the normal operating mode in their designed configuration. Care shall be taken not to disturb the compacted contents.

The discharged extinguishers shall be reweighed and the results recorded before proceeding to completely empty the residual powder from the body of each extinguisher. Any evidence of lumps or compacted powder shall be recorded. The extinguishers in their empty state shall be weighed again and the results recorded.

Calculation s shall be performed to ascertain the percentage of the contents discharged.

7.8.4 Acceptance Criteria  At least two of the three extinguishers selected shall have discharged not less than 85% by weight of their contents.”;

(23) Amending clause 7.9 by deleting in line 1 the word “The” and replacing it with the words “When an extinguisher is provided with a support fitting the”;

(24) Deleting clause 7.11 entirely;

(25) Deleting clause 7.14(a) entirely;

(26) Amending clause 7.14(b) by deleting the words “and the procedures given in Appendix B”;

(27) Deleting section 8 entirely;

(28) Deleting clause 9.1 entirely and inserting a new clause 9.1 as follows:

“9.1 General  The container of each extinguisher shall be marked with identification and operating instructions in accordance with clause 9.4, which shall be clearly visible.”;

(29) Deleting clause 9.2 entirely and inserting a new clause 9.2 as follows:

“9.2 MARKINGS  Every extinguisher shall be legibly marked by means of painting or durable labels with the following:

(a) The words ‘STORED PRESSURE AEROSOL FIRE EXTINGUISHER’.

(b) The type of charge, eg powder ABE or BE.

(c) The mass of contents in grams or millilitres.

(d) The words ‘DISCARD AFTER USE. DISCHARGE AND DISCARD BEFORE THE USE BY DATE’ followed by the nominated expiry date.

(e) The words ‘ONE USE ONLY - NOT REFILLABLE’.

(f) Fire test rating as specified in AS/NZS 1850 and this Standard.

(g) The words ‘DO NOT PUNCTURE OR INCINERATE THIS CAN EVEN WHEN EMPTY. KEEP IN A COOL PLACE’.

(h) The words ‘METAL OBJECTS CAN RUST OR CORRODE IN WET AND SALTY CONDITIONS. TO AVOID DETERIORATION OF THE EXTINGUISHER STORE IN A SUITABLE ENVIRONMENT’.

(i) If appropriate the words ‘STORE IN UPRIGHT POSITION – DO NOT INVERT’.”;

(30) Deleting clause 9.3 and substituting a new clause 9.3 as follows:

“9.3 SIZE OF LETTERING  The marking required by clauses 9.2(a), 9.2(b), 9.2(c), 9.2(d), 9.2(e), 9.2(f), 9.2(g), 9.2(h), 9.2(i) and 9.4.2 shall be in letters not less than 3 mm high and of a colour contrasting with its background.”;

(31) Amending clause 9.4.2.1 by deleting the words “approximating G21 Jade of AS 2700 or safety green 14 E53 of NZS 5807”;

(32) Amending clause 9.4.2.2 by deleting the words “The red shall approximate R13 signal red of AS 2700 or 04 E53 of NZS 5807.”;

(33) Amending the first paragraph of clause 9.4.3 by deleting the words “in not more than four stages”;

(34) Amending clause 9.5 by deleting the word “by” and replacing it with the word “be” and also deleting the words “or NZS 4507”;

(35) Deleting clause 9.6 entirely;

(36) Deleting clause 9.7 entirely;

(37) Deleting Section 10 entirely;

(38) Deleting Appendix A entirely; and

(39) Deleting Appendix B entirely.

 

Dated this  14th   day of  December  2004

 

 

 

CHRIS PEARCE
Parliamentary Secretary to the Treasurer

 

Overview

The Trade Practices Act 1974 is the cornerstone of consumer protection law in Australia, enacted by the Commonwealth Parliament to safeguard consumers from misleading or deceptive conduct and unfair practices in trade and commerce. The Consumer Protection Notice No. 9 of 2004, issued under section 65E(1) of the Act by Chris Pearce, the Parliamentary Secretary to the Treasurer, introduces a specific consumer product safety standard for portable fire extinguishers of the aerosol type. The primary policy objective of this legislation is to ensure the safety of consumers by setting stringent standards for the manufacture, classification, and labelling of non-rechargeable stored pressure portable fire extinguishers. These standards are designed to provide adequate protection against fires and to ensure that consumers are well-informed about the capabilities and limitations of these products.

Scope and Application

The Consumer Protection Notice No. 9 of 2004, issued under the Trade Practices Act 1974, applies to the consumer product safety of portable fire extinguishers of the aerosol type in Australia. This legislation sets the safety standards that these products must meet to ensure consumer safety and compliance with the specified Australian/New Zealand Standard AS/NZS 4353:1995. The Act applies to all entities involved in the manufacturing, importation, supply, or sale of non-rechargeable stored pressure portable fire extinguishers of the aerosol type within Australia. The legislation is a Commonwealth instrument, meaning it has a national reach across all states and territories. The Act specifies variations to the original standard, including modifications to referenced documents, classification and rating of extinguishers, interpretation of specified limiting values, and detailed requirements for testing and marking. The application of the Act can be extended or restricted through subordinate instruments, allowing for further regulation and amendments to the standards as necessary. The Notice delineates specific exclusions and exemptions, ensuring that only portable fire extinguishers of the aerosol type are subject to the outlined safety standards. This includes variations to clauses that pertain to support fittings, leak rates, and discharge tests. Manufacturers and suppliers must ensure their products comply with the new standards by adhering to the prescribed variations and marking requirements. The Act aims to protect consumers by mandating clear and legible markings on extinguishers, including type of charge, mass of contents, expiry date, and usage instructions, among others. By setting these rigorous standards, the legislation seeks to enhance the safety and reliability of portable fire extinguishers available to the Australian public.

Key Provisions

The Consumer Protection Notice No. 9 of 2004, issued under the Trade Practices Act 1974, sets out the consumer product safety standard for non-rechargeable stored pressure portable fire extinguishers of the aerosol type. The Notice declares that from 1 January 2005, these fire extinguishers must comply with Australian/New Zealand Standard AS/NZS 4353:1995, with specific variations (sections 1-39). Key among these variations are amendments to the classification and rating of extinguishers, the interpretation of specified limiting values, and detailed requirements for the discharge, marking, and storage of these extinguishers. The Notice imposes several obligations on parties or entities governed by it. Firstly, manufacturers and importers of aerosol type fire extinguishers must ensure that their products meet the specified safety standard, AS/NZS 4353:1995, with the noted variations. This includes compliance with the detailed requirements for classification and rating, as well as the discharge test and marking requirements. Secondly, the Notice mandates that each extinguisher must be marked with specific information, such as the type of charge, mass of contents, and fire test rating, in a legible and contrasting manner (section 9.2). Additionally, the extinguishers must be designed and tested to ensure they can discharge at least 85% of their contents and withstand certain physical tests, such as the powder compaction test (sections 7.2 and 7.8). Failure to comply with the provisions of this Notice may result in various legal consequences. Although the Notice itself does not explicitly state penalties for non-compliance, any breach of consumer product safety standards under the Trade Practices Act 1974 could lead to enforcement actions by the Australian Competition and Consumer Commission (ACCC). The ACCC can seek injunctions, fines, and other remedies to ensure compliance. For corporations, the maximum penalties for breaches of the Trade Practices Act can include fines of up to $1.1 million for serious or repeated breaches, while individuals may face fines of up to $220,000 and imprisonment for up to five years for serious corporate offences. These penalties underscore the importance of adhering to the safety standards outlined in the Notice to avoid severe legal repercussions.

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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.