Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002 2002 No. 219
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 219
Issued by the Authority of the Parliamentary Secretary to the Treasurer
Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002
Section 172 of the Trade Practices Act 1974 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 65C(1) of the Act provides that a corporation must 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 prescribed a consumer product safety standard and they do not comply with that standard.
Subsection 65C(2) of the Act provides that the regulation may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as 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, as are reasonably necessary to prevent or reduce risk of injury to any person.
The purpose of the proposed Regulations is to reduce the incidence of injury associated with baby walkers by requiring them to incorporate specified safety features.
Details of the proposed Regulations are as follows:
Regulation 1 gives the name of the Regulations as the Trade Practices (Consumer Product Safety Standards) (Baby Walkers) Regulations 2002.
Regulation 2 states that the Regulations commence on 1 November 2002.
Regulation 3 defines baby walker as a device that consists of a frame on wheels designed to support, inside the frame and with the child's feet touching the ground, a child who has not yet learned to walk; and is propelled by the movement of the child. F977 - 00 means the American Society for Testing and Materials Consumer Safety Specification for Infant Walkers, published in July 2000, and available from the website of the American Society for Testing and Materials (www.astm.org).
Regulation 4 states that for section 65C of the Act, compliance with sections 6.1, 6.4, and 9.3 of F977 - 00 is prescribed as the consumer product safety standard for baby walkers. These sections require:
• A mechanism to prevent the walker falling down steps;
• that the walker is stable; and
• a label warning of the need for close supervision, to use only on flat surfaces free of objects that could cause the walker to tip over, to avoid bums keep the child away from hot liquids, ranges, radiators, space heaters, fireplaces etc and a separate stairs warning visible to the consumer when the child is placed in the walker
Overview
The Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002 were enacted to address the significant risk of injury that baby walkers posed to children who had not yet learned to walk. This legislative instrument was created under the authority of the Trade Practices Act 1974, with the overarching objective of ensuring that baby walkers meet specified safety standards before they can be supplied in trade or commerce. The policy objective behind these regulations was to mitigate the incidence of injury associated with baby walkers by prescribing a consumer product safety standard that includes requirements for the prevention of falls, stability, and appropriate warnings to be placed on the product. The regulations were issued by the Parliamentary Secretary to the Treasurer and commenced on 1 November 2002.
Scope and Application
The Trade Practices (Consumer Product Safety Standards) (Baby Walkers) Regulations 2002 applies to corporations involved in the supply of baby walkers in trade or commerce. Under Section 172 of the Trade Practices Act 1974, these Regulations have been made to ensure that corporations comply with a prescribed consumer product safety standard for baby walkers. The purpose of these Regulations is to mandate the inclusion of specific safety features in baby walkers to reduce the incidence of injuries associated with their use. These safety features include mechanisms to prevent the walker from falling down steps, stability requirements for the walker, and a label warning consumers about the need for close supervision and safe usage practices, such as avoiding use on steps or uneven surfaces and keeping the child away from potential hazards. The Regulations commenced on 1 November 2002 and refer to the American Society for Testing and Materials Consumer Safety Specification for Infant Walkers, F977 - 00, as the standard of compliance for baby walkers. The Regulations apply nationally, within the jurisdiction of the Commonwealth of Australia, and extend to any corporation supplying baby walkers within Australia, ensuring a consistent standard of safety across the country.
Key Provisions
The Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002 (the Regulations) mandate that any corporation supplying baby walkers in trade or commerce must ensure these products comply with a prescribed consumer product safety standard (sections 1 and 4). Specifically, the Regulations require compliance with sections 6.1, 6.4, and 9.3 of the American Society for Testing and Materials Consumer Safety Specification for Infant Walkers, F977 - 00 (section 4). These sections dictate that baby walkers must incorporate a mechanism to prevent the walker from falling down steps, be stable, and include a warning label advising close supervision and safe usage practices. The warning must include instructions to only use the walker on flat surfaces free of objects that could cause the walker to tip over and to keep the child away from hazards such as hot liquids, ranges, radiators, space heaters, and fireplaces. Additionally, a separate stairs warning must be visible to the consumer when the child is placed in the walker (section 4).
Corporations governed by the Act must ensure their baby walkers meet these safety standards to avoid contravening section 65C(1) of the Trade Practices Act 1974. This includes conducting necessary testing, adhering to specified manufacturing and design requirements, and affixing appropriate warnings and instructions to the product (sections 65C(2) and 4). Non-compliance with these standards can result in significant legal and financial repercussions for the corporation.
Under the Trade Practices Act 1974, failure to supply goods that meet the prescribed safety standards can result in substantial penalties. Specifically, corporations found to be supplying non-compliant baby walkers may face civil penalties. The maximum penalty for contravening section 65C(1) of the Act can be up to $1.1 million for corporations, reflecting the serious nature of ensuring consumer safety in trade and commerce (section 65C(1)). These penalties underscore the importance of adhering to the prescribed safety standards to protect consumers and avoid legal consequences.