Trade Practices (Buoyancy Aids Safety Standards) Regulations

Legislation au C1974L00225 Regulations Not in force Legislative Instrument

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1974 No. 225

REGULATIONS UNDER THE TRADE PRACTICES ACT 1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Trade Practices Act 1974.

Dated this twenty-sixth day of November, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Attorney-General.

_________

TRADE PRACTICES (BUOYANCY AIDS SAFETY STANDARDS) REGULATIONS

Citation.

1. These Regulations may be cited as the Trade Practices (Buoyancy Aids Safety Standards) Regulations.

Commencement.

2. These Regulations shall come into operation on 12 December 1974.

Interpretation.

3. In these Regulations, a reference to an Australian Standard published on a specified date shall be read as a reference to the standard approved for publication on that date on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter.

Application.

4. These Regulations apply to and in relation to the supply, on or after the commencement of these Regulations, in trade or commerce, of goods (being goods referred to in section 62 of the Trade Practices Act 1974) of a kind represented as being intended to be used primarily by a young person as a buoyancy aid in water, but do not apply to and in relation to—

(a) a life jacket that is marked as provided by Australian Standard 1512-1973 published on 5 July 1973 and with the certification trade mark registered in respect of life jackets and that Australian Standard under the Trade Marks Act 1955-1973; or

(b) a buoyancy vest that is marked as provided by Australian Standard 1499-1973 published on 5 March 1973 and with the certification trade mark registered in respect of buoyancy vests and that Australian Standard under the Trade Marks Act 1955-1973.

 

* Notified in the Australian Government Gazette on 27 November 1974.

Consumer product safety standard for buoyancy aids.

5. (1) For the purposes of section 62 of the Trade Practices Act 1974, the prescribed consumer product safety standard in respect of goods to which these Regulations apply consists of the requirements prescribed by this regulation.

(2) The requirements in respect of goods supplied during the period commencing on the date of commencement of these Regulations and ending on 28 February 1975 consist of—

(a) putting a warning on the goods, or, if the goods are offered for supply in a package, on the package, as provided by this regulation; or

(b) the display of a warning at the point of supply as provided by this regulation.

(3) The requirements in respect of goods supplied on or after 1 March 1975 consist of putting a warning on the goods, and also on any package in which the goods are offered for supply, as provided by this regulation.

(4) The warning consists of the words—

“WARNING

NOT A LIFE SAVING DEVICE

USE ONLY UNDER ADULT SUPERVISION”.

(5) The warning on the goods or package shall—

(a) be marked on the goods or package in indelible permanent ink or paint and in a colour contrasting with the colour of the goods or package, as the case may be;

(b) be stitched into the material of the goods or package by means of thread of a colour contrasting with the colour of the goods or package, as the case may be; or

(c) be marked or stitched in the manner prescribed by paragraph (a) or (b) upon or into a label of durable substance affixed to the goods or package in a reasonably permanent manner.

(6) The warning on the goods or package shall be placed in a conspicuous position on the goods or package.

(7) The warning under paragraph (2) (b) shall be clearly displayed in a prominent position at the point of supply and shall identify the goods to which the warning relates.

(8) The words of the warning shall not be combined with or be accompanied by any other words or matter (including an illustration) where those other words or that other matter would tend to contradict or obscure the meaning of the warning.

(9) The letters used in the words of the warning on the goods or package shall be in legible block capitals not less than 6 millimetres in height.

(10) The letters used in the words of the warning displayed under paragraph (2) (b) shall be in legible block capitals not less than 12 millimetres in height.

Overview

The Trade Practices (Buoyancy Aids Safety Standards) Regulations 1974 were enacted to address the need for specific safety standards for buoyancy aids, particularly those intended for use by young people. These regulations were made under the Trade Practices Act 1974 by the Governor-General of Australia, acting on the advice of the Executive Council. The primary policy objective was to ensure that buoyancy aids, which were not classified as life-saving devices, carried clear and conspicuous warnings to inform users of their limitations and the necessity of adult supervision during use. By establishing these standards, the regulations aimed to protect consumers, particularly children, from potential harm that could arise from the misuse or misunderstanding of buoyancy aids.

Scope and Application

The Trade Practices (Buoyancy Aids Safety Standards) Regulations were enacted to implement specific consumer safety requirements for buoyancy aids intended for use by young persons, as stipulated under the Trade Practices Act 1974. These Regulations apply to goods intended to be used primarily as buoyancy aids in water, which are supplied in trade or commerce, and they specifically target products represented for use by young people. Notably, these Regulations do not apply to life jackets that comply with Australian Standard 1512-1973, nor do they apply to buoyancy vests that comply with Australian Standard 1499-1973. The Regulations require that buoyancy aids must carry a specific warning stating "WARNING NOT A LIFE SAVING DEVICE USE ONLY UNDER ADULT SUPERVISION," with detailed stipulations on how this warning must be marked or displayed on the product and its packaging. The geographic scope of these Regulations is nationwide, applying across all states and territories of Australia, as they are made under the Commonwealth's authority.

Key Provisions

The Trade Practices (Buoyancy Aids Safety Standards) Regulations, made under the Trade Practices Act 1974, establish specific safety standards for buoyancy aids intended for use by young people. The regulations, which came into effect on 12 December 1974, mandate that buoyancy aids supplied in trade or commerce must include a warning indicating that they are not life-saving devices and should only be used under adult supervision (Regulation 5). These requirements are detailed in section 5 of the regulations, which specifies that for goods supplied between the commencement date and 28 February 1975, a warning must either be placed on the goods or the package, or displayed at the point of supply. For goods supplied on or after 1 March 1975, the warning must be on both the goods and any package in which they are offered for supply. Entities governed by these regulations must ensure that buoyancy aids meet the specified safety standards. This includes attaching a conspicuous warning in legible block capitals of appropriate sizes, depending on whether the warning is on the goods or at the point of supply (Regulation 5). The warning must be indelible and placed in a manner that it does not contradict or obscure its meaning (Regulation 5(7) and (8)). These obligations are aimed at protecting consumers, particularly young people, by ensuring that the potential dangers of using buoyancy aids are clearly communicated. Failure to comply with these regulations can result in enforcement actions under the Trade Practices Act 1974. Offences under these regulations can lead to civil or criminal penalties. The specific penalties are not detailed in the regulations but can be inferred to include fines or other penalties prescribed by the Trade Practices Act. The seriousness of non-compliance and potential penalties underscore the importance of adhering to these safety standards to protect consumers.

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Consumer Law
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Reporting & Disclosure Obligations
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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.