Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010

Administered by Department of the Treasury

Legislation au F2010L01930 Regulations In force Legislative Instrument

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Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010

Select Legislative Instrument 2010 No.212 as amended

made under the

Trade Practices Act 1974

This compilation was prepared on 27 November 2010
taking into account amendments up to 2010 No. 306

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Purpose 

 4 Application 

 4A Transitional 

 5 Definitions 

 6 Standard — corded internal window covering 

 7 Standard — warning on retail package 

 8 Standard — warning on cord 

 9 Standard — installation instructions 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010.

2 Commencement [see Note 1]

  These Regulations commence on the day after they are registered.

3 Purpose

  For subsection 65C (2) of the Trade Practices Act 1974, these Regulations prescribe a consumer product safety standard for corded internal window coverings.

4 Application

  These Regulations apply to corded internal window coverings supplied after 30 December 2010.

4A Transitional

  Starting on 31 December 2010 and ending at the end of 30 June 2011, compliance with an instrument or provision of an instrument mentioned in the following table is taken to be compliance with regulations 6 to 9 if:

 (a) corded internal window coverings are supplied in a State or Territory; and

 (b) the compliance is with the instrument or provision of the instrument made in that State or Territory.

Item

Name of instrument

1

Fair Trading Regulation 2007 (NSW), regulation 77

2

Fixed term ban order prohibiting the supply of dangerous goods, published in the Victoria Government Gazette No. S 396 on 31 December 2008

3

Fair Trading Regulation 2001 (Qld), Schedule 5B

4

Order (Curtain Blind Cords), published in the Government Gazette of Western Australia No. 15 on 23 January 2004, and Amendment to Order (Curtain Blind Cords), published in the Government Gazette of Western Australia No. 65 on 16 April 2004

5

Declaration of Dangerous Goods, published in the South Australian Government Gazette No. 6 on 22 January 2009

6

Sale of Hazardous Goods Order 2004 (Tas), Part 3

7

Fair Trading (Consumer Product Safety Standards) Regulation 2009 (ACT), Schedule 11

8

Prohibition of Supply of Goods, dated 13 February 2009 (NT)

5 Definitions

  In these Regulations:

cleat means a device that has a bar with arms around which a cord can be wound, and that can be attached to a wall or other structure.

cord means a rope, strap, string, chain, line or wire used to manipulate a corded internal window covering.

corded internal window covering means:

 (a) a window covering, such as a curtain or blind; or

 (b) fittings used with a window covering, such as a traverse rod or track;

that can be used inside a building and has a cord.

cord guide means a device designed to retract, tension or secure a cord.

retail packaging means the packaging in which a corded internal window covering is supplied when it is offered for retail sale.

6 Standard — corded internal window covering

 (1) The supply of a corded internal window covering must be accompanied by:

 (a) if the window covering is in retail packaging — a warning label on the retail packaging; and

 (b) a warning label or swing tag attached to the cord; and

 (c) installation instructions containing the information mentioned in regulation 9; and

 (d) any components specified in the installation instructions as necessary for cord safety requirements.

 (2) If a cord guide is supplied with a corded internal window covering, the cord guide must be designed:

 (a) to remain firmly attached to a wall or other structure specified in the installation instructions when subjected to a tension force of 70 N applied in any direction for 10 seconds; and

 (b) to prevent the possibility of a cord forming a loop 220 mm or longer at a height of less than 1 600 mm above floor level.

7 Standard — warning on retail package

 (1) The warning label mentioned in paragraph 6 (1) (a) must contain the words: ‘WARNING: CURTAIN AND BLIND CORDS HAVE CAUSED THE DEATH OF YOUNG CHILDREN AND MUST BE INSTALLED SO THAT THEY ARE NOT A STRANGULATION HAZARD. FOLLOW THE INSTALLATION INSTRUCTIONS’.

 (2) The words specified in subregulation (1) must be legible, in red upper case letters at least 5 mm high on a white background.

8 Standard — warning on cord

 (1) The warning label or swing tag mentioned in paragraph 6 (1) (b) must contain the words: ‘WARNING: Young children have died by wrapping loose curtain and blind cords or chains around their necks. Secure cords or chains with cord guides or keep them out of reach by winding them around a cleat. Move cots and furniture away from window covering cords or chains. Do not remove this label’.

 (2) The words specified in subregulation (1) must be legible, with the word ‘WARNING’ in upper case letters at least 5 mm high and the other words in lower case letters at least 1.5 mm high.

9 Standard — installation instructions

  The installation instructions mentioned in paragraph 6 (1) (c) must include:

 (a) a statement that, to avoid creating a possible strangulation hazard for children, the corded internal window covering must be installed in such a way that a loose cord cannot form a loop 220 mm or longer at a height of less than 1 600 mm above floor level; and

 (b) practical suggestions on how to install the corded internal window covering to ensure compliance with paragraph (a), including:

 (i) a statement that a cord guide may be installed lower than 1 600 mm above floor level if the cord is sufficiently secured or tensioned to prevent a loop 220 mm or longer from being formed; and

 (ii) a statement that if a cord guide is installed lower than 1 600 mm above floor level it must be designed to prevent a child from being able to remove the cord; and

 (iii) a statement that if a cleat is used to secure the cord it must be at least 1 600 mm above floor level because a child is capable of unwinding a cord from a cleat.

 

Notes to the Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010

Note 1

The Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010 (in force under the Trade Practices Act 1974) as shown in this compilation comprise Select Legislative Instrument 2010 No. 212 amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2010 No. 212

9 July 2010 (see F2010L01930)

10 Jul 2010

 

2010 No. 306

26 Nov 2010 (see F2010L03089)

27 Nov 2010

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 4A...............

ad. 2010 No. 306

 

Overview

The Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010, made under the Trade Practices Act 1974, address the issue of child safety hazards associated with corded internal window coverings such as curtains and blinds. This legislative instrument was enacted to establish safety standards aimed at preventing strangulation hazards caused by these products. The Regulations, prepared by the Office of Legislative Drafting and Publishing within the Attorney-General's Department, came into effect on the day following their registration. Their primary objective is to ensure that all corded internal window coverings supplied post-30 December 2010 meet specific safety criteria. This includes mandating warning labels on both the retail packaging and the cords themselves, along with detailed installation instructions to mitigate risks, particularly for young children. The Regulations also allow for transitional compliance with certain pre-existing State and Territory instruments until 30 June 2011.

Scope and Application

The Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010 apply to corded internal window coverings supplied after 30 December 2010. These Regulations are made under the Trade Practices Act 1974 and aim to prescribe a consumer product safety standard for such coverings. They apply to any corded internal window coverings supplied within Australia, including those offered for retail sale, and are enforced by the Australian Competition and Consumer Commission. The Regulations include transitional provisions that allow for compliance with specified state and territory regulations during a six-month period following their commencement. These Regulations mandate that suppliers of corded internal window coverings must provide a warning label on the retail packaging, a warning label or swing tag attached to the cord, and installation instructions that include specific information to prevent potential strangulation hazards for children. Cord guides, if supplied, must be designed to remain securely attached and prevent the formation of dangerous cord loops. The Regulations also specify the content and format of the required warning labels and installation instructions. The application of these Regulations can be extended or modified through subordinate instruments as necessary.

Key Provisions

The Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010, under the Trade Practices Act 1974, set forth specific safety standards for corded internal window coverings supplied in Australia. These Regulations, which came into effect on 30 December 2010, mandate certain requirements to ensure the safety of children around such products. Specifically, regulation 6 stipulates that every supply of a corded internal window covering must be accompanied by a warning label on the retail packaging, a warning label or swing tag attached to the cord, installation instructions, and any necessary components for cord safety. Regulation 7 details that the warning label on the retail packaging must prominently display the words "WARNING: CURTAIN AND BLIND CORDS HAVE CAUSED THE DEATH OF YOUNG CHILDREN AND MUST BE INSTALLED SO THAT THEY ARE NOT A STRANGULATION HAZARD. FOLLOW THE INSTALLATION INSTRUCTIONS" in red upper case letters at least 5 mm high on a white background. Regulation 8 requires the warning label or swing tag on the cord to include specific wording, with the word "WARNING" in upper case letters at least 5 mm high and the other words in lower case letters at least 1.5 mm high. Furthermore, regulation 9 mandates that the installation instructions must include a statement about avoiding strangulation hazards and practical suggestions for installation, such as ensuring that loose cords cannot form loops at certain heights and providing guidance on using cord guides or cleats. These Regulations impose several obligations on manufacturers, suppliers, and retailers of corded internal window coverings. Firstly, they must ensure that all supplied products comply with the specified standards, including the warning labels, installation instructions, and any required components. This means that manufacturers must design and produce products that meet these safety requirements, while suppliers and retailers must ensure that the products they offer for sale adhere to these standards. Additionally, if a cord guide is supplied with the window covering, it must be designed to remain firmly attached to a structure when subjected to a specified tension force and prevent the formation of dangerous loops at certain heights. These obligations are designed to protect children from the potential hazards posed by corded internal window coverings. Failure to comply with these Regulations can result in significant legal consequences. Under the Trade Practices Act 1974, non-compliance can lead to both civil and criminal penalties. Civil penalties can include fines, with the maximum penalty varying depending on the nature and extent of the breach. For corporate entities, the maximum penalty for a single offence is AUD 1.1 million, while for individuals, the maximum penalty is AUD 220,000. Criminal penalties can also apply, where a person can be prosecuted for serious breaches. For corporate entities, the maximum penalty is AUD 5.5 million, and for individuals, it is AUD 110,000. These penalties underscore the importance of adhering to the safety standards outlined in the Regulations to avoid legal repercussions.

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