EXPLANATORY STATEMENT
Subject: Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standards) Regulations (Amendment)
1987 No. 246
Section 172 of the Trade Practices Act 1974 (the Act), provides that the Governor-General may make regulations not inconsistent with the Act prescribing inter alia all matters that are required or permitted by this Act to be prescribed. Section 65C of the Act provides that the regulations may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting inter alia of such requirements as to the performance, composition, contents, method of manufacture or processing design, construction, finish or packaging of goods and 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.
The regulation controls the design of bean bags to require bean bags to have a warning label and a child resistant zipper to hinder access to the filling of polystyrene beads, which constitute a choking and inhalation hazard.
Regulation 11 has 6 subregulations.
Subregulation (1) defines the meaning of terms used in the regulation.
Subregulation (2) prescribes that subregulations (4), (5) and (6) constitute a consumer product safety standard in respect of bean bags and bean bag covers.
Subregulation (3) prescribes that subregulations (4) and (5) constitute a consumer product safety standard in respect of packages of every description containing bean bag filling.
Subregulation (4) prescribes the form of the warning notice which must be secured to or stamped on every bean bag, bean bag cover and packages containing bean bag filling.
Subregulation (5) prescribes the size of lettering in the warning notice and requires that the notice be conspicuously displayed.
Subregulation (6) prescribes that every bean bag and bean bag cover shall have a child-resistant slide-fastener fitted to every opening through which bean bag filling can be inserted or removed.
The majority of State Governments have introduced legislation in similar terms to the regulation in response to the death of a child who inhaled a bead (despite immediate resuscitation efforts by his parents). The regulation extends this protection to all States and Territories subject to the constitutional limitations on the Trade Practices Act 1974.
Overview
The Trade Practices (Consumer Product Safety Standards) Regulations (Amendment) 1987 No. 246, enacted under Section 172 of the Trade Practices Act 1974, was introduced to address the critical issue of consumer product safety, particularly in relation to bean bags, which posed significant choking and inhalation hazards due to their filling of polystyrene beads. This regulation was established in response to the tragic death of a child who inhaled a bead, prompting state governments to adopt similar legislative measures. The overarching objective of the regulation is to enhance safety standards by mandating specific design features for bean bags, including the inclusion of a warning label and a child-resistant zipper, thereby preventing access to the potentially hazardous filling material. The regulation was enacted by the Australian Government, aiming to extend these safety measures uniformly across all states and territories, subject to the constitutional limitations of the Trade Practices Act 1974.
Scope and Application
The Trade Practices (Consumer Product Safety Standards) Regulations (Amendment) 1987 No. 246, under the Trade Practices Act 1974, applies to all entities involved in the design, manufacture, packaging, and distribution of bean bags within Australia. The regulation sets forth specific safety standards for bean bags and their packaging to mitigate the risk of injury, particularly for children, by mandating that these products must feature a warning label and a child-resistant zipper. The scope of this regulation encompasses all types of bean bags and packages containing bean bag filling, ensuring a uniform safety standard across the nation. The regulation extends its protective measures to every State and Territory, aligning with the constitutional reach of the Trade Practices Act 1974, though subject to any constitutional limitations. The Act allows for the amendment of these regulations through subordinate instruments, thereby providing flexibility to adapt to emerging safety concerns and technological advancements in product design.
Key Provisions
The Trade Practices (Consumer Product Safety Standards) Regulations (Amendment) 1987 No. 246 introduces specific consumer product safety standards for bean bags and bean bag fillings under the Trade Practices Act 1974. Section 65C of the Act allows for regulations to be made concerning the safety standards of consumer goods, and this amendment focuses on bean bags, a product identified as posing a choking and inhalation hazard due to its polystyrene bead filling. Subregulation (2) of Regulation 11 establishes that subregulations (4), (5), and (6) are the consumer product safety standards for bean bags and bean bag covers, while subregulation (3) applies similar standards to packages containing bean bag filling.
These regulations impose several obligations on manufacturers and importers of bean bags and related products. Firstly, as per subregulation (4), every bean bag and bean bag cover must have a warning notice either secured to or stamped on the product. This warning notice must comply with the specific requirements outlined in subregulation (5), which mandates the size of the lettering and ensures the notice is conspicuously displayed. Additionally, subregulation (6) requires that a child-resistant slide-fastener be fitted to every opening through which the bean bag filling can be inserted or removed. These measures are designed to mitigate the risk of injury by preventing access to the potentially hazardous polystyrene beads.
Failure to comply with these regulations can result in significant legal consequences. While the exact penalties are not detailed within the provided text, breaches of consumer product safety standards under the Trade Practices Act 1974 can lead to civil penalties. In the case of corporations, the maximum penalty can be substantial, reflecting the seriousness of the risk posed by non-compliance. Additionally, individual officers or directors may face personal liability for ensuring compliance with these safety standards, potentially incurring both civil and criminal penalties if the regulations are breached.