Commonwealth Numbered Regulations - Explanatory Statements

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TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS (AMENDMENT)1997 NO. 20

STATUTORY RULES 1997 NO. 20

Issued by the Authority of the Minister for Small Business and Consumer Affairs.

Trade Practices Act 1974

Trade Practices (Consumer Product Safety Standards) Regulations (Amendment)

Section 172 of the Trade Practices Act 1974 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 65C(1) 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 the goods are of a kind'.

(a)       in respect of which there is a prescribed consumer product safety standard and which do not comply with that standard;

(b)       in respect of which there is in force a notice under this section declaring goods to be unsafe goods; and

(c)       in respect of which there is in force a notice under this section imposing a permanent ban on the goods.

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 to:

(a)       performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods;

(b)       testing of the goods during, or after the completion of manufacture or processing, and

(c)       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.

As part of a review of all consumer product standards applying in Australia, the Government undertook to review the consumer product safety standards under the Act. This review was conducted by the Consumer Product Advisory Committee which reported to the Ministerial Council on Consumer Affairs on the need and scope of the safety standards.

The purpose of the Regulations is to give effect to recommendations of the review by amending the Trade Practices (Consumer Product Safety Standards) Regulations to delete, or to reduce the requirements of, the following safety standards:

TO DELETE:

Regulation 7, dated 4 July 1979 and notified in the Gazette on 10 July 1979.

Regulation 7 prescribes a consumer product safety standard prohibiting the use of tris (2, 3 dibrornopropyl) phosphate (TRIS) on apparel and related goods.

The standard consists of the requirement that:

(a)        apparel,

(b)       yams, textile fabric or synthetic fibres of a kind used in the making of apparel

shall not contain tris (2, 3 dibromopropyl) phosphate (TRIS).

TRIS, a flame retardant used on fabrics, was found to be carcinogenic. It received much adverse publicity in the late 1970's when its use on fabrics was banned in the United States and Australia. Production of TRIS has ceased worldwide and the absence of the product from the world market makes the standard unnecessary.

Regulation 8, dated 4 July 1979 and notified in the Gazette of 10 July 1979.

Regulation 8 prescribes a consumer product safety standard in respect of candles. The consumer product safety standard consists of the requirement that candles be designed in such a manner that, when fit and subsequently extinguished, they do not re-light spontaneously.

There have been no injuries associated with such candles and the CPAC review determined that the risk of injury was extremely low.

Regulation 9, dated 26 February 1980 and notified in the Gazette on 28 February 1980.

Regulation 9 prescribes a consumer product safety standard in respect of airpots.

The consumer product safety standard consists of the requirement that the following warning be placed on the airpots:

CAUTION:

THIS AIRPOT MAY LEAK

KEEP UPRIGHT AT ALL TIMES

CLEAN PUMP THOROUGHLY AFTER USE

Airpots are insulated flasks or containers fitted with a hand operated pump and used for the temporary storage of hot and cold beverages.

The standard was introduced in 1980 following a series of incidents where adults and children were scalded by hot water leaking from airpots that were not kept in an upright position. There were also concerns expressed about the possibility of liquid becoming trapped in the pump of the airpot and being contaminated.