explanatory Statement
Select Legislative Instrument 2009 No. 107
Issued by the Authority of the Minister for Competition Policy and Consumer Affairs
Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009
Subsection 172(1) of the Trade Practices Act 1974 (the Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 65C(1)(a) of the Act provides that a corporation shall 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 there is a consumer product safety standard for those goods and they do not comply with that standard.
Subsection 65C(2) of the Act provides that a regulation may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as are reasonably necessary to prevent or reduce risk of injury to any person. These requirements may relate to, among other things, performance, design, or construction of the goods; testing of the goods; and the markings, warnings or instructions to accompany them.
The purpose of the Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 is to introduce a safety standard for treadmills to reduce the risk of injury, particularly friction burns, caused when young children come into contact with moving parts of treadmills. The standard requires that treadmills manufactured or imported after 1 August 2009 (and all treadmills supplied after 1 December 2009) carry a prominent label warning treadmill users of the need to keep young children away from the machine.
The Regulations give national coverage to regulatory requirements which have already been introduced in New South Wales and Queensland.
Details of the Regulations are in Attachment A.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003. For the purposes of section 17 of that Act, full details of the consultation undertaken are incorporated in the Regulations Impact Statement which provides the justification for these Regulations and which is at Attachment B.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
ATTACHMENT A
Details of the Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009
Regulation 1 – Name of Regulations
This regulation provides that the name of the Regulations is the Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009.
Regulation 2 – Commencement
This regulation provides that the Regulations commence on the day after they are registered.
Regulation 3 – Purpose
This regulation provides that the Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 prescribe a consumer product safety standard for treadmills.
Regulation 4 – Application
This regulation provides that the Regulations apply to treadmills manufactured in or imported into Australia after 1 August 2009. The regulation also provides that after 1 December 2009, all treadmills will need to comply with the safety standard, irrespective of when they were manufactured or imported. This will allow suppliers of treadmills four months to dispose of treadmills that have been manufactured or imported before 1 August 2009 and which do not carry the required warning label. As all treadmills supplied after 1 December 2009 must carry the prescribed warning label, however, it is anticipated that almost all treadmills sold during the pre-Christmas period will comply with the mandatory standard.
Regulation 5 – Definitions
This regulation defines the various terms used in the Regulations and in particular explains what a ‘treadmill’ is, when the term is used in the Regulations. The safety standard applies to both manual and powered treadmills, as both types of treadmill are capable of inflicting severe friction burns on small children who come into contact with their moving parts.
Regulation 6 – Safety standard
This regulation provides the labelling requirements for treadmills. The regulation requires that treadmills must display a warning label that is permanent, conspicuous and visible to a user of a treadmill when the treadmill is being used, thereby providing a continuing reminder of the dangers that treadmills pose for small children. The regulation stipulates the content and the form of the required warning.
Overview
The Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 were introduced to address the significant risk of injury, particularly friction burns, that young children face when they come into contact with the moving parts of treadmills. Enacted under the authority of the Minister for Competition Policy and Consumer Affairs, these regulations were designed to align with the consumer protection provisions of the Trade Practices Act 1974, which prohibit the supply of goods that do not meet prescribed consumer product safety standards. The overarching policy objective of these regulations is to mandate safety standards for treadmills, thereby reducing the incidence of injuries associated with their use by young children. This is achieved by requiring all treadmills manufactured or imported after 1 August 2009, and supplied after 1 December 2009, to display a prominent warning label. These regulations extend the safety requirements already in place in New South Wales and Queensland to a national level, ensuring consistency and comprehensive consumer protection across Australia.
Scope and Application
The Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 applies to all corporations engaged in the manufacture, importation, or supply of treadmills in Australia. These regulations are an extension of the Trade Practices Act 1974, specifically targeting the safety of treadmills to mitigate the risk of injuries, particularly friction burns, caused by young children coming into contact with moving parts. The regulations mandate that treadmills manufactured or imported into Australia after 1 August 2009, as well as all treadmills supplied after 1 December 2009, must comply with the prescribed safety standards. This includes the requirement for a prominent, permanent, and conspicuous warning label that is visible to users, providing a continual reminder of the potential hazards treadmills pose to young children. The regulations cover both manual and powered treadmills, acknowledging the risk they both present. These regulations provide national coverage, ensuring uniformity across all states and territories in Australia, thereby superseding any pre-existing state-specific regulations in New South Wales and Queensland.
Key Provisions
The Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 set out specific safety standards for treadmills under the Trade Practices Act 1974 (the Act). Regulation 6, in particular, mandates that all treadmills manufactured or imported after 1 August 2009 must display a prominent, permanent warning label indicating the dangers posed to young children by moving parts of the treadmill. The label must be conspicuous and visible to users at all times. This requirement extends to all treadmills supplied in Australia after 1 December 2009, regardless of their manufacturing date, to ensure that almost all treadmills on the market comply with the safety standard. The intent is to prevent injuries, particularly friction burns, which can occur when children come into contact with the treadmill's moving parts.
Under the Act, corporations are obligated to ensure that any treadmills they supply comply with these safety standards. Specifically, under section 65C(1)(a) of the Act, corporations must not supply treadmills that do not meet the prescribed safety standards if such standards exist. These safety standards, as outlined in the Regulations, include the mandatory warning label that must be affixed to all treadmills. Additionally, corporations must ensure that all treadmills supplied after the specified dates adhere to the labelling requirements stipulated in Regulation 6. Failure to comply with these standards could result in legal repercussions, including potential penalties under the Act.
The Act also outlines potential penalties for non-compliance with the prescribed safety standards. While the specific penalties are not detailed in the explanatory statement, it is clear that supplying non-compliant treadmills could lead to significant legal consequences. Under section 65C(1)(a) of the Act, non-compliance may result in civil penalties, which could include fines. The exact amount of these fines is not specified in the provided text, but they are likely to be substantial to ensure compliance with the safety standards. Additionally, there may be criminal consequences for individuals or corporations found to be in serious or repeated breach of these regulations.
Overall, the Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 are designed to protect consumers, particularly children, from the dangers associated with treadmills. By setting out clear safety standards and imposing obligations on corporations to comply with these standards, the Regulations aim to reduce the incidence of treadmill-related injuries. Non-compliance with these standards can lead to significant legal and financial repercussions, thereby incentivising adherence to the prescribed safety measures.