EXPLANATORY STATEMENT
Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standards) Regulations
Statutory Rule 1986 No. 310
Issued by the Authority of the Attorney-General
This regulation, made under section 172 of the Trade Practices Act 1974, repeals Regulation 6 relating to warnings required to be marked on certain buoyancy aids intended for use by children.
Regulation 6 required that certain buoyancy aids intended primarily for use by children in water be required to carry the following warning: “Not a lifesaving device. Use only under adult supervision”.
Section 65E of the Trade Practices Act empowers the Attorney-General to prescribe a standard published by the Standards Association of Australia (SAA) as a consumer product safety standard for particular goods. It is an offence for a corporation to supply goods in Australia which do not comply with a consumer product safety standard so prescribed.
The SAA recently published Australian Standard 1900-1986 entitled “Children’s Flotation Toys and Swimming Aids”. This standard specifies design and performance safety requirements for goods designed to provide flotation to children in water. It includes a requirement that all such goods be marked with warnings which vary according to the type and purposes of each item.
The Attorney-General, on the recommendation of the Commonwealth/State Consumer Products Advisory Committee, has agreed to prescribe AS 1900-1986 as a consumer product safety standard for children’s flotation toys and swimming aids under section 65E of the Trade Practices Act. This action is expected to follow shortly on the repeal of Regulation 6.
The purpose of repealing Regulation 6 is to remove the inconsistency between it and AS 1900-1986 regarding the form of warnings to be marked on the goods. Section 65E(3) of the Trade Practices Act does not authorise the Attorney-General to publish a consumer product safety standard if it is inconsistent with a regulation.