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.
Overview
The Trade Practices (Consumer Product Safety Standards) Regulations 1986, issued under the authority of the Attorney-General, were enacted to address inconsistencies in consumer product safety standards, particularly in relation to buoyancy aids intended for children. This regulation, which amends Regulation 6 of the Trade Practices Act 1974, repeals the requirement for specific warnings on certain buoyancy aids and aligns these products with the newly prescribed Australian Standard 1900-1986, "Children's Flotation Toys and Swimming Aids". The policy objective is to ensure that all children's flotation toys and swimming aids comply with updated safety standards, which include more nuanced and appropriate warnings depending on the type and purpose of the item. This regulatory change is aimed at enhancing the safety of consumer products by ensuring that they meet the most current safety standards, thereby reducing the risk of harm to children.
Scope and Application
The Trade Practices (Consumer Product Safety Standards) Regulations, specifically Statutory Rule 1986 No. 310, apply to corporations operating within Australia, enforcing compliance with consumer product safety standards as prescribed under section 65E of the Trade Practices Act 1974. This regulation revokes Regulation 6, which mandated specific warnings on buoyancy aids intended for children, to align with the more comprehensive Australian Standard 1900-1986 published by the Standards Association of Australia. This standard, recommended by the Commonwealth/State Consumer Products Advisory Committee and endorsed by the Attorney-General, sets detailed design and performance safety requirements for children’s flotation toys and swimming aids, including varied warning labels based on the type and purpose of each product. By repealing Regulation 6, the regulation aims to eliminate the inconsistency between the former regulation and the new standard, ensuring that corporations supplying these products in Australia adhere to the most current and comprehensive safety requirements.
Key Provisions
The Trade Practices (Consumer Product Safety Standards) Regulations, specifically Statutory Rule 1986 No. 310, repeal Regulation 6, which required certain buoyancy aids intended primarily for use by children to carry a specific warning: "Not a lifesaving device. Use only under adult supervision" (Section 1). This repeal is made to align with the new Australian Standard 1900-1986, published by the Standards Association of Australia (SAA), which outlines more detailed and varied safety requirements and warnings for children's flotation toys and swimming aids (Section 65E). This change is necessary to ensure that the consumer product safety standards reflect the most current safety practices and specifications.
Under the Trade Practices Act 1974, Section 65E empowers the Attorney-General to prescribe a consumer product safety standard published by the SAA for particular goods, such as children’s flotation toys and swimming aids. The new regulation mandates that these products must comply with the standards set forth in AS 1900-1986, which includes design and performance safety requirements (Section 65E). Additionally, the regulation stipulates that any corporation supplying these goods in Australia must ensure that they meet the prescribed safety standards. Failure to comply with these standards could result in significant legal consequences for the corporation.
The obligations imposed by the Trade Practices (Consumer Product Safety Standards) Regulations require corporations to adhere to the safety standards outlined in AS 1900-1986 for children's flotation toys and swimming aids. This includes ensuring that all products are marked with appropriate warnings as specified by the standard, which vary based on the type and intended use of each item (Section 65E(3)). Corporations must also ensure that their supply chains comply with these standards, which may involve rigorous checks and verifications to confirm that the products meet the required safety specifications before they are made available in the market.
The Act imposes significant consequences for breaches of the consumer product safety standards. According to Section 65E, it is an offence for a corporation to supply goods in Australia that do not comply with a prescribed consumer product safety standard. The penalties for such offences can include substantial fines, which may vary depending on the severity and frequency of the breach. The exact maximum penalties are not specified in the provided text but are typically detailed in the Act or related legal instruments. Additionally, non-compliance could lead to civil actions by affected consumers or regulatory enforcement actions by the relevant authorities.