Explanatory Statement
Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standards)
Regulations (Amendment)
1989 No. 375
The regulations amend the Trade Practices (Consumer Product Safety Standards) Regulations in two ways: Regulation 5 is amended to clarify its operation and a new Consumer Product Safety Standard is prescribed relating to elastic luggage straps.
Warnings accompanying goods (Clause 2)
Regulation 5 makes provision for the situation where a warning is placed on goods. Its application has hitherto been ambiguous, however, in that regulation 5 is concerned with warnings and yet has had no operation in respect of latter regulations which are concerned with warnings. The amendment clarifies the operation of regulation 5 to provide that the regulation does not apply where other provision is made in relation to the form and content of markings, warnings or instructions to accompany goods of a particular kind.
Consumer Product Safety Standard - Elastic Luggage Straps (Clause 3).
Part V, Division 1A of the Trade Practices Act enacts provisions relating to product safety and product information. Under Section 65C(1), 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 the goods are of a kind, inter alia, in respect of which there is a prescribed consumer product safety standard and which do not comply with that standard (Section 65C(1)(a)). Regulations may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as to, among other things, 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. (Section 65C(2)(c)).
The regulation prescribes a consumer product safety standard in relation to elastic luggage straps and gives effect to agreement reached by the Commonwealth/State Consumer Products Advisory Committee (CSCPAC) that uniform regulations be introduced throughout Australia, based on the model regulation developed by South Australia, requiring the labelling of elastic luggage straps with warning notices regarding the dangers of their misuse.
Authority
Section 172 of the Trade Practices Act 1974 (the Act) provides 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.