Fair Trading Act 1987
Fair Trading (Product Safety Standard) Regulations 2001
These regulations expired on 22 Oct 2016 (see s. 3B of the Act and proclamation published in Gazette 21 Oct 2016 p. 4781‑2).
Western Australia
Fair Trading (Product Safety Standard) Regulations 2001
Contents
Part 1 — Preliminary
1.Citation1
Part 2 — Lighters
Division 1 — Preliminary
2.Terms used2
Division 2 — Flame testing, structural safety and labelling
3.Application of this Division4
4.Testing procedures4
5.Ignition and adjustment of flame4
6.Abnormal burning5
7.Flame height5
8.Flame extinction6
9.Structural safety6
10.Labelling7
Division 3 — Child resistance
11.Application of this Division8
12.Child resistance8
13.Certification9
Division 4 — Indexation
14.Terms used9
15.Indexed amount10
Part 3 — Elastic luggage straps
16.Term used: elastic luggage strap11
17.Product safety standard for an elastic luggage strap11
Part 4 — Pedal cycle helmets
18.Application13
19.Product safety standard for a pedal cycle helmet until 31 August 200614
Part 5 — Portable fire extinguishers
20.Term used: aerosol type portable fire extinguisher15
21.Product safety standard for a portable fire extinguisher (except aerosol type) until 31 December 200215
22.Product safety standard for an aerosol type portable fire extinguisher until 31 December 200415
Part 6 — Trolley jacks
23.Application16
24.Product safety standard for a trolley jack16
Part 7 — Vehicle jacks
25.Term used: specific vehicle jack17
26.Application17
27A.Product safety standard for vehicle jacks prior to 1 July 201117
27B.Product safety standard for vehicle jacks on and after 1 July 201118
Part 8 — Vehicle support stands
27.Application19
28.Product safety standard for a vehicle support stand19
Part 9 — Bunk beds
29A.Term used: bunk bed20
29B.Application of this Part20
29.Product safety standard for bunk beds to which this Part applies20
Part 10 — Baby walkers
30.Term used: baby walker21
31.Product safety standard for a baby walker21
Part 11 — Children’s nightwear and paper patterns for children’s nightwear
32.Term used: children’s nightwear22
33.Product safety standard for children’s nightwear22
34.Product safety standard for paper patterns for children’s nightwear22
Part 13 — Pedal bicycles
36.Term used: pedal bicycles23
37.Product safety standard for pedal bicycles23
Part 14 — Sunglasses and fashion spectacles
38.Product safety standard for sunglasses and fashion spectacles24
Part 15 — Toys for young children up to and including 3 years of age
39.Product safety standard for toys for young children25
Part 16 — Child carrying seats for bicycles
40.Term used: child carrying seat28
41.Instructions and load labelling28
42.Design28
Part 17 — Bean bags
43.Terms used30
44.Requirements for bean bags31
Part 18 — Basketball rings and backboards
45.Warnings labels32
46.Permanent warning on backboard33
Part 19 — Household cots
47.Terms used34
48.Product safety standard for cots34
49.Antique or collectable cots36
Part 20 — External corded blinds
50.Terms used38
51.Design38
52.Warning labels39
53.Installation instructions40
Part 21 — Objects intended to hold or decorate candles
54.Term used: candle accessory41
55.Product safety standard for candle accessories41
Part 22 — Babies’ dummies
56.Product safety standard for babies’ dummies42
Part 23 — Safety pins with catch covers
57.Product safety standard for safety pins with catch covers46
Part 24 — Child restraint systems for use in motor vehicles
58.Terms used47
59.Product safety standard for child restraint systems for use in motor vehicles47
60.Product to which this Part does not apply48
Part 25 — Prams and strollers
61.Terms used49
62.Product safety standard for prams and strollers49
Part 26 — Hot water bottles
Division 1 — Preliminary
63.Application of this Part50
64.Terms used50
Division 2 — Physical properties
65.Rubber hot water bottles — capacity and thickness51
66.PVC hot water bottles — capacity and thickness51
67.Filling characteristics52
Division 3 — Stoppers
68.General52
69.Test for separation of screw stopper52
Division 4 — Performance
70.Leakage53
71.Strength of seams53
72.Pressure test53
Division 5 — Informative labelling
73.General53
Part 27 — Children’s portable folding cots
74.Term used: folding cot55
75.Product safety standard for children’s portable folding cots55
Part 28 — Baby bath aids
76.Terms used56
77.Product safety standard for baby bath aids56
Part 29 — Balloon‑blowing kits
78.Term used: balloon-blowing kits57
79.Product safety standard for balloon‑blowing kits57
Part 30 — Exercise cycles
80.Term used: exercise cycle58
81.Product safety standard for exercise cycles58
Part 31 — Flotation toys and aquatic toys
82.Toys covered by this safety standard59
83.Product safety standard for flotation toys and aquatic toys60
Part 32 — Swimming aids and flotation aids
84.Buoyancy aids covered by this safety standard61
85.Product safety standard for swimming aids and flotation aids61
Part 33 — Protective helmets for motor cyclists
86.Product safety standard for protective helmets for motor cyclists63
87.Variation of safety standard63
Part 34 — Portable ramps for vehicles
88.Application of Part64
89.Product safety standard for portable ramps for vehicles64
Part 35 — Treadmills
90.Term used: treadmill65
91.Product safety standard for treadmills65
Part 36 — Lead and certain elements in children’s toys
92.Term used: children’s toys66
93.Product safety standard for lead and certain elements in children’s toys66
Part 37 — Children’s toys containing magnets
94.Product safety standard for children’s toys containing magnets67
95.Application of this Part67
Schedule 1 — Test procedures for lighters
Division 1 — General test procedures
Division 2 — Flame height test procedures
Division 3 — Inversion test procedures
Division 4 — Drop test procedures
Division 5 — Temperature test procedures
Division 6 — Pressure test procedure
Schedule 2 — Standards for pedal cycle helmets
Division 1 — AS/NZS 2063:1996
1.AS/NZS 2063:199671
Division 2 — Variations to AS/NZS 2063:1996
2.Clause 171
3.After clause 5.671
4.Clause 8.1(e)71
Division 3 — Snell Standards
5.Snell Standards71
6.Compliance with Snell Standards72
Schedule 3 — Standards for portable fire extinguishers
Division 1 — Standards for portable fire extinguishers (except aerosol type)
1.Water type portable fire extinguisher73
2.Wet‑chemical type portable fire extinguisher73
3.Foam type portable fire extinguisher73
4.Powder type portable fire extinguisher73
5.Carbon dioxide type portable fire extinguisher74
6.Vaporising‑liquid type portable fire extinguisher74
7.Non‑rechargeable type portable fire extinguisher74
Division 2 — Variations to Standards in Division 1
Subdivision 1 — AS/NZS 1841.1:1997
8.Clause 1.274
9.Clause 1.374
10.Clause 2.275
11.Clause 2.475
12.Clause 3.3.375
13.Table 3.175
14.Clause 3.575
15.Clause 3.8.375
16.Clause 3.976
17.Clause 4.1.176
18.Clause 4.1.276
19.Clause 4.1.376
20.Clause 4.1.576
21.Section 777
22.Clause 8.2(ii)77
23.Clause 9.177
24.Clause 9.277
25.Clause 9.3.177
26.Clause 9.3.3.178
27.Clause 9.3.3.778
28.Clause 9.3.5(b)78
29.Clause 9.3.678
30.Clause 10.178
31.Clause 10.278
32.Clause 10.378
Subdivision 2 — AS/NZS 1841.2:1997
33.Clause 278
34.Clause 378
35.Clause 678
Subdivision 3 — AS/NZS 1841.3:1997
36.Clause 178
37.Clause 279
38.Clause 379
39.Clause 579
Subdivision 4 — AS/NZS 1841.4:1997
40.Clause 279
41.Clause 379
42.Clause 579
Subdivision 5 — AS/NZS 1841.5:1997
43.Clause 279
44.Clause 379
45.Clause 779
Subdivision 6 — AS/NZS 1841.6:1997
46.Clause 279
47.Clause 1279
Subdivision 7 — AS/NZS 1841.7:1997
48.Clause 280
49.Clause 380
50.Clause 580
Subdivision 8 — AS/NZS 1841.8:1997
51.Clause 180
52.Clause 280
53.Clause 380
54.Clause 480
55.Clause 781
56.Clause 881
57.Clause 981
Division 3 — Standards for aerosol type portable fire extinguishers
58.AS/NZS 4353:199581
Division 4 — Variations to AS/NZS 4353:1995
59.Clause 1.181
60.Clause 1.381
61.Clause 1.4.1382
62.Clause 1.582
63.After clause 1.582
64.Clause 2.282
65.Clause 2.582
66.Clause 3.482
67.Clause 3.5.183
68.Clause 5.283
69.Clause 6.183
70.Clause 6.1.183
71.Clause 6.1.283
72.Clause 6.683
73.Clause 6.783
74.Clause 6.984
75.Clause 6.1184
76.Clause 7.284
77.Clause 7.584
78.Clause 7.684
79.Clause 7.784
80.Clause 7.885
7.8POWDER COMPACTION TEST85
81.Clause 7.986
82.Clause 7.1186
83.Clause 7.14(a)86
84.Clause 7.14(b)86
85.Section 886
86.Clause 9.186
87.Clause 9.286
88.Clause 9.387
89.Clause 9.4.2.187
90.Clause 9.4.2.287
91.Clause 9.4.388
92.Clause 9.588
93.Clause 9.688
94.Clause 9.788
95.Section 1088
96.Appendix A88
97.Appendix B88
Schedule 4 — Standards for trolley jacks
Division 1 — AS/NZS 2615:2004
1.The Standard89
Division 2 — Variations to AS/NZS 2615:2004
2.Clause 189
3.Clause 5.489
4.Clause 6.390
6.3Ease of operation90
5.Clause 890
Schedule 5 — Standards for vehicle jacks
Division 1 — Standards for vehicle jacks
1.AS/NZS 2693:199391
2.AS/NZS 2693:200391
3A.AS/NZS 2693:200791
Division 2 — Variations to Standards
Subdivision 1 — Variations to AS/NZS 2693:1993
3B.Clause 191
3.Clause 5.992
Subdivision 2 — Variations to AS/NZS 2693:2003
4A.Clause 192
4.Clause 5.892
5.Clause 6.392
6.Clause 6.7(c)93
7.Appendix F clause F3(h)93
8.Appendix F clause F4(c)93
Subdivision 3 — Variations to AS/NZS 2693:2007
9.Clause 193
10.Clause 6.393
11.Clause 6.7(c)94
12.Clause 7.1.2(f)94
13.Clause 8.3(a)94
14.Appendix F95
Schedule 6 — Standards for vehicle support stands
Division 1 — AS/NZS 2538:2004
1.The Standard96
Division 2 — Variations to AS/NZS 2538:2004
2.Clause 196
Schedule 7 — Standard for bunk beds
Division 1 — AS/NZS 4220:1994
1.AS/NZS 4220:199497
Division 2 — Variations to AS/NZS 4220:1994
2.Clauses 1 and 297
3.Clause 3.197
4.Clauses 4, 5, 6.1, 6.2, 6.5, 6.6, 6.7 and 6.998
5.Clause 7.198
6.Clauses 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10 and 898
7.Clause 998
8.Appendix A98
9.Appendices B, C, D, E, F, G, H, I and J99
Schedule 8 — Standard for baby walkers
Schedule 9 — Standard for children’s nightwear
Division 1 — AS/NZS 1249:2003
1.AS/NZS 1249:2003101
Division 2 — Variations to AS/NZS 1249:2003
2.Clause 0.1101
3.Clause 1.2101
4.Clause 1.3102
5.Clause 5.4102
6.Clause 5.5103
7.Clause 5.6103
Schedule 10 — Standard for paper patterns for children’s nightwear
Division 1 — AS/NZS 1249:2003
1.AS/NZS 1249:2003104
Division 2 — Variations to AS/NZS 1249:2003
2.Clause 0.5104
3.Clause 5.6104
Schedule 11 — Standard for pedal bicycles
Division 1 — AS/NZS 1927:1998
1.AS/NZS 1927:1998105
Division 2 — Variations to AS/NZS 1927:1998
2.Clauses 1.1 and 1.2105
3.Clause 1.3105
4.Clause 1.5105
5.Clause 2.15105
6.Clause 2.16106
7.Clause 2.17106
Schedule 12 — Standards for sunglasses and fashion spectacles
Division 1 — Standards for sunglasses and fashion spectacles
2.AS/NZS 1067:2003107
Division 2 — Variations to Standards
Subdivision 2 — Variations to AS/NZS 1067:2003
8.Clauses 1.1 and 1.2107
9.Clause 2.6107
10.Clauses 2.7 and 2.8108
11.Clause 3.2.2108
12.Clauses 3.3 and 3.6108
13.Clause 4.1.1108
14.Clause 4.2.1108
15.Clause 4.2.2109
Schedule 13 — Standards for toys for young children up to and including 3 years of age
Division 1 — Standards for toys for young children
2.AS/NZS ISO 8124.1:2002110
Division 2 — Variations to Standards
Subdivision 2 — Variations to AS/NZS ISO 8124.1:2002
17.Clauses 1 and 2110
18.Clause 3.21110
19.Clauses 3.52 and 4.3110
20.Clause 4.4.1111
21.Clause 4.4.2111
22.Clause 4.5.1111
23.Clause 4.5.2111
24.Clauses 4.5.3 and 4.5.4111
25.Clause 4.5.5111
26.Clauses 4.5.6 to 4.24, 4.25(d), 4.26 and 4.27111
27.Clause 5.1112
28.Clause 5.2112
29.Clauses 5.7 to 5.19, 5.21 and 5.22112
30.Clause 5.23112
31.Clause 5.24.1113
32.Clause 5.24.2113
33.Clause 5.24.4113
34.Clause 5.24.6.2113
35.Clause 5.24.6.4113
36.Clause 5.24.7113
37.Clause 5.24.8114
38.Clauses A.1, A.2.1 and A.2.2114
39.Clause A.2.3114
40.Clauses A.2.4 to A.2.10114
41.Clause B.1114
42.Clause B.4.1114
43.Clause B.4.4115
44.Annexes C, D and F115
45.Appendix ZZ115
Schedule 14 — Warning symbol for basketball rings and backboards
Schedule 15 — Warning labels for external corded blinds
1.Bottom rail warning label117
2.Blind warning label117
3.Tension device warning label117
Schedule 16 — Standard for child restraint systems for use in motor vehicles
Division 1 — Standards
1.AS/NZS 1754:2004119
2.AS/NZS 1754:2000119
3.AS/NZS 1754:1995119
Division 2 — Variations to Standards
4.Clause 1.1120
5.Clauses deleted120
Schedule 17 — Product safety standard for prams and strollers
Division 1 — AS/NZS 2088:2000
1.AS/NZS 2088:2000121
Division 2 — Variations to AS/NZS 2088:2000
2.Clause 1121
3.Clauses deleted121
4.Clause 7.6122
5.Clause 7.8122
6.Clause 7.10123
7.10Tether strap123
7.Clause 8.6.2123
9.Clause 11.1126
10.Clause 11.2126
11.2Legibility of marking126
Schedule 18 — Testing procedures for hot water bottles
Division 1 — Tests for stoppers
Subdivision 1 — Filling a hot water bottle prior to testing
1.Procedure for filling a hot water bottle designed to be partly filled127
2.Procedure for filling a hot water bottle designed to be completely filled127
Subdivision 2 — Tests for stoppers
3.Test 1128
4.Test 2128
Subdivision 3 — Test for separation of screw stoppers
5.Torque wrench129
6.Tensile machine129
7.Procedure129
Division 2 — Seam test
8.Procedure130
Division 3 — Determination of pressure resistance
9.Test apparatus130
10.Procedure131
Division 4 — Informative labels for hot water bottles
11.General132
Schedule 19 — Product safety standard for children’s portable folding cots
Division 1 — AS/NZS 2195:1999
1.AS/NZS 2195:1999133
Division 2 — Variations to AS/NZS 2195:1999
2.Foreword133
3.Clause 1133
4.Clauses 2, 3, 5 and 6133
5.Clause 7134
7CONSTRUCTION AND ASSEMBLY134
6.Clause 8134
7.Clause 9135
8.Clause 10135
9.Clauses 11 and 12135
10.Clause 13135
11.Appendix A136
12.Appendices B, D, E, F, G, H, I, J, M and N137
Schedule 20 — Standard for baby bath aids
1.Form and content of warning138
Schedule 21 — Standard for exercise cycles
Division 1 — AS 4092:1993
1.AS 4092:1993140
Division 2 — Variations to AS 4092:1993
2.Variations140
Schedule 22 — Standard for flotation toys and aquatic toys
Division 1 — AS 1900‑1991
1.AS 1900‑1991141
Division 2 — Variations to AS 1900‑1991
2.Variations141
Division 3 — AS/NZS ISO 8124.1:2002
3.AS/NZS ISO 8124.1:2002144
Division 4 — Variations to AS/NZS ISO 8124.1:2002
4.Variations144
Schedule 23 — Standard for swimming aids and flotation aids
Division 1 — AS 1900‑1991
1.AS 1900‑1991145
Division 2 — Variations to AS 1900‑1991
2.Variations145
Division 3 — AS 1900‑2002
1.AS 1900‑2002147
Division 4 — Variations to AS 1900‑2002
2.Variations147
Schedule 24 — Standards for lead and certain elements in children’s toys
Division 1 — Standards for children’s toys other than finger paints for children
1.AS/NZS ISO 8124.3:2003149
Division 2 — Variations to AS/NZS ISO 8124.3:2003
2.Clause 7149
Division 3 — Standards for finger paints for children
3.AS 8124.7‑2003149
Schedule 25 — Standard for children’s toys containing magnets
Division 1 — Standard for children’s toys containing magnets
1.AS/NZS ISO 8124.1:2002150
Division 2 — Variations to AS/NZS ISO 8124.1:2002
2.Clause 4.28150
3.Clause C.2.19151
Notes
Compilation table152
Defined terms
Western Australia
Fair Trading Act 1987
Fair Trading (Product Safety Standard) Regulations 2001
These regulations may be cited as the Fair Trading (Product Safety Standard) Regulations 2001 1.
[Heading inserted in Gazette 28 May 2010 p. 2344.]
[Heading inserted in Gazette 28 May 2010 p. 2344.]
(1)In these regulations —
adjustable lighter means a lighter with provision for flame height adjustment;
American Standard means the Consumer Product Safety Standard for Cigarette Lighters (16 CFR 1210) —
(a)set out in Part 1210, Title 16 of the Code of Federal Regulations; and
(b)published in the Federal Register of the United States of America, Vol. 58, No. 131, on 12 July 1993;
customs value, for a device, means the customs value determined for the device under the Customs Act 1901 (Commonwealth) section 159;
disposable lighter has the meaning given in subregulation (6);
ex works agreement means an agreement for the supply of goods under which the supplier’s obligation to deliver the goods is fulfilled when the supplier makes the goods available to the buyer at the supplier’s premises;
indexed amount has the meaning given in regulation 15;
lighter has the meaning given in subregulation (2);
non‑adjustable lighter means a lighter with no provision for flame height adjustment;
novelty lighter has the meaning given in subregulation (7);
refillable lighter has the meaning given in subregulation (8);
safe operation means the operation of a lighter so that it —
(a)does not spit or sputter; and
(b)does not produce an abnormal or unsafe flame; and
(c)cannot be operated easily by a young child;
spit or sputter, for a flame produced by a lighter, means the escape of liquid fuel from the lighter producing burning liquid droplets that separate from the flame;
young child means an individual who is under 5 years.
(2)A lighter is a flame producing device that —
(a)is designed to light cigarettes, cigars and pipes; and
(b)is an eligible device.
(3)For the purposes of subregulation (2), a flame producing device is an eligible device if —
(a)it is designed to be discarded when its fuel supply is exhausted; or
(b)it is designed to incorporate a separate container of fuel that is designed to be discarded when empty; or
(c)it is designed to have an entertaining audio or visual effect (other than production of a flame); or
(d)it is designed to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended for use by, a young child.
(4)For the purposes of subregulation (2), a flame producing device is also an eligible device if —
(a)it is designed to be refilled with fuel; and
(b)its value is not more than the relevant amount.
(5)In subregulation (4) —
relevant amount means —
(a)for a device imported into Australia, or supplied under an ex works agreement, before 1 August 2003 — $5; or
(b)for a device imported into Australia, or supplied under an ex works agreement, on or after 1 August 2003 — the indexed amount;
value, for a device, means —
(a)for a device imported into Australia — its customs value; or
(b)for another device — its supply price.
(6)A disposable lighter is a lighter that is an eligible device mentioned in subregulation (3)(a) or (b).
(7)A novelty lighter is a lighter that is an eligible device mentioned in subregulation (3)(c) or (d).
(8)A refillable lighter is a lighter that is an eligible device mentioned in subregulation (4).
[Regulation 2 inserted in Gazette 28 May 2010 p. 2344‑6.]
Division 2 — Flame testing, structural safety and labelling
[Heading inserted in Gazette 28 May 2010 p. 2347.]
3.Application of this Division
This Division does not apply to a lighter that —
(a)is a novelty lighter; and
(b)is not a disposable lighter or a refillable lighter.
[Regulation 3 inserted in Gazette 28 May 2010 p. 2347.]
When a lighter is tested in accordance with the procedures described in Schedule 1 Division 2, 3, 4, 5 or 6, the test must be performed in accordance with the procedures described in Schedule 1 Division 1.
[Regulation 4 inserted in Gazette 28 May 2010 p. 2347.]
5.Ignition and adjustment of flame
(1)A lighter must be designed so that deliberate action is necessary to ignite and sustain a flame.
(2)An adjustable lighter must be designed so that deliberate action is necessary to adjust the height of the flame.
[Regulation 5 inserted in Gazette 28 May 2010 p. 2347.]
A lighter, after being tested in accordance with Schedule 1 Divisions 4, 5 and 6, must not, when tested in accordance with Schedule 1 Divisions 2 and 3, spit or sputter or produce an abnormal or unsafe flame.
[Regulation 6 inserted in Gazette 28 May 2010 p. 2347.]
(1)A lighter must comply with subregulation (2) when tested in accordance with Schedule 1 Division 2 —
(a)after being tested in accordance with Schedule 1 Division 4 or 5; or
(b)after being tested in accordance with Schedule 1 Divisions 4 and 5.
(2)For subregulation (1), the height of the flame produced by a lighter must not exceed —
(a)in the case of a non‑adjustable lighter, 50 mm; and
(b)in the case of an adjustable lighter —
(i)where the lighter is adjusted to produce the maximum flame height, 150 mm; and
(ii)where the lighter is adjusted to produce the minimum flame height, 100 mm.
(3)If the flame height of an adjustable lighter has not been adjusted after being supplied in trade or commerce, the lighter must not, when first used after being supplied, produce a flame exceeding 125 mm in height.
[Regulation 7 inserted in Gazette 28 May 2010 p. 2347‑8.]
(1)A lighter must comply with subregulation (2) after being tested in accordance with the procedures described in Schedule 1 Divisions 3, 4 and 5.
(2)For subregulation (1), where —
(a)a non‑adjustable lighter produces a flame for 10 seconds; or
(b)an adjustable lighter —
(i)produces a flame for 5 seconds at the maximum flame height adjustment; or
(ii)produces a flame for 10 seconds at the minimum flame height adjustment,
the flame produced must extinguish after cessation of the action sustaining the flame within 2 seconds if the lighter has no flameguard or 4 seconds if it has a flameguard.
[Regulation 8 inserted in Gazette 28 May 2010 p. 2348‑9.]
(1)A lighter must have no sharp external edges.
(2)A lighter, when tested in accordance with Schedule 1 Division 3, 4 or 5, must not be damaged so as to affect its safe operation.
(3)A lighter, when tested in accordance with Schedule 1 Division 4, must not spontaneously ignite.
(4)The internal pressure of the fuel reservoir of a lighter when tested in accordance with Schedule 1 Division 6 must not suddenly decrease.
[Regulation 9 inserted in Gazette 28 May 2010 p. 2349.]
(1)A lighter must incorporate (as a permanent part of the lighter) in a legible form —
(a)the name or other identification of the manufacturer or distributor of the lighter; and
(b)where the lighter is an adjustable lighter, symbols indicating the direction in which force is to be applied to increase or decrease the flame height and the effect of the application of force in that direction.
(2)In addition to subregulation (1), either —
(a)the following information that is enclosed by inverted commas must be displayed in a legible form on a lighter, or on an adhesive label that is affixed to the lighter —
(i)‘WARNING’ in capital letters and adjacent to the words that must be displayed under subparagraphs (ii) to (ix);
(ii)‘KEEP AWAY FROM CHILDREN’ or ‘KEEP OUT OF REACH OF CHILDREN’ in capital letters;
(iii)‘Ignite lighter away from face and clothing’;
(iv)‘Never expose to heat above 50°C or to prolonged sunlight’;
(v)‘Never puncture or put in fire’;
(vi)for a lighter that contains flammable gas under pressure — ‘Contains flammable gas under pressure’;
(vii)for a lighter that contains flammable liquid — ‘Contains flammable liquid’;
(viii)for a self‑extinguishing lighter — ‘Be sure flame is out after use’;
(ix)for a non‑self‑extinguishing lighter — ‘This lighter does not extinguish itself — close the cover to put out’;
or
(b)if a lighter is contained in a package when it is sold at retail — the information in paragraph (a) must be displayed in a legible form on the package.
[Regulation 10 inserted in Gazette 28 May 2010 p. 2349‑50.]
[Heading inserted in Gazette 28 May 2010 p. 2350.]
11.Application of this Division
This Division applies to a lighter to which the American Standard would apply if the lighter were imported into the United States of America after 12 July 1994.
[Regulation 11 inserted in Gazette 28 May 2010 p. 2350.]
(1)A lighter must be of a kind that has been —
(a)tested in the manner set out in section 1210.4 of the American Standard; and
(b)shown to be resistant to successful operation by at least 85% of the child‑test panel when tested in that manner.
(2)The mechanism or system of a lighter that is designed or intended to make the lighter resistant to successful operation by at least 85% of the child‑test panel must —
(a)reset itself automatically after each operation of the ignition mechanism of the lighter; and
(b)not impair safe operation of the lighter when used in a normal and convenient manner; and
(c)be effective for the functional life of the lighter; and
(d)not be easily overridden or deactivated.
[Regulation 12 inserted in Gazette 28 May 2010 p. 2351.]
A certificate of compliance, within the meaning of the American Standard, must have been issued for the lighter in accordance with that standard.
Notes for this regulation:
1.The importation into Australia of a lighter is prohibited unless —
(a)the person importing the lighter has —
(i)completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and
(ii)produced that declaration to the Collector;
or
(b)the Minister has granted a permission in writing for the lighter to be imported; or
(c)the lighter is imported by a passenger at least 18 years old on a ship or aircraft, if the passenger is importing no more than 5 lighters.
2.See the Customs (Prohibited Imports) Regulations 1956 (Commonwealth) regulation 4S.
[Regulation 13 inserted in Gazette 28 May 2010 p. 2351‑2.]
[Heading inserted in Gazette 28 May 2010 p. 2352.]
In this Division —
CPI number means the All Groups Consumer Price Index number (that is the weighted average of the 8 capital cities) published by the Statistician;
latest CPI number means the CPI number for the most recent quarter;
March 2003 CPI number means the CPI number for the quarter beginning on 1 January 2003;
quarter means 3 months beginning on 1 January, 1 April, 1 July or 1 October in a year;
Statistician has the meaning given by the Australian Bureau of Statistics Act 1975 (Commonwealth) section 3.
[Regulation 14 inserted in Gazette 28 May 2010 p. 2352.]
(1)The indexed amount is the amount —
(a)worked out in accordance with the formula mentioned in subregulation (2); and
(b)if the amount worked out is an amount of dollars and cents, rounded in accordance with subregulation (3).
(2)The formula is —
(3)The indexed amount must be rounded to the nearest 25 cents and, if the amount to be rounded is 12.5 cents, rounded up.
[Regulation 15 inserted in Gazette 28 May 2010 p. 2352‑3.]
Part 3 — Elastic luggage straps
16.Term used: elastic luggage strap
In this Part —
elastic luggage strap means an elastic strap or cord, or 2 or more elastic straps or cords permanently joined —
(a)having a hook, buckle or other fastening device at each extremity; and
(b)designed to be used for the purpose of securing luggage or other objects,
but does not include —
(c)elasticised cargo nets; or
(d)elasticised straps specifically made for the purpose of securing a vehicle jack or toolkit within a vehicle.
[Regulation 16 amended in Gazette 1 Jul 2005 p. 2997.]
17.Product safety standard for an elastic luggage strap
(1)The product safety standard for an elastic luggage strap consists of the requirements set out in this regulation.
(2)An elastic luggage strap must have permanently affixed to it a label bearing the following warning —
“
WARNING. Avoid eye injury. DO NOT overstretch. ALWAYS keep face and body out of recoil path. DO NOT use when strap has visible signs of wear or damage.
”.
(3)The label must —
(a)bear the word “WARNING” in upper case black letters of not less than 4 mm in height on a yellow background; and
(b)bear the words “DO NOT” and “ALWAYS” in upper case black letters of not less than 2 mm in height on a yellow background; and
(c)bear the remaining words in lower case black letters of not less than 2 mm in height on a yellow background.
(4)The label must be clearly displayed.
[Regulation 17 amended in Gazette 5 Nov 2004 p. 4981; 1 Jul 2005 p. 2998.]
(1)This Part applies to a protective helmet for a pedal cyclist.
(2)However, this Part does not apply to —
(a)a protective helmet of a size too small to be reasonably fitted to “Headform AA” as defined in Australian Standard AS 2512.1:1998 published by Standards Australia on 5 September 1998;
(b)a helmet for use as a toy that cannot be reasonably mistaken for a protective helmet for a pedal cyclist;
(c)a helmet for use as a toy that may be reasonably mistaken for a protective helmet for a pedal cyclist, if the words “Warning: Toy helmet only — do not use as safety headgear” are marked clearly and legibly in a conspicuous position on —
(i)the helmet or on a label attached to the helmet at the time of supply to the consumer; and
(ii)the principal outer display face of any packaging in which the helmet is supplied to the consumer,
with the word “WARNING” in capital letters not less than 5 mm high, and the remaining words in letters not less than 2.5 mm high;
(d)a helmet (except a BMX helmet) designed and constructed principally for use by a cyclist engaged in competitive racing, if the words “Warning: Racing headgear only — inadequate impact protection for normal road use” are marked clearly and legibly in a conspicuous position on —
(i)the helmet or on a label attached to the helmet at the time of supply to the consumer; and
(ii)the principal outer display face of any packaging in which the helmet is supplied to the consumer,
with the word “WARNING” in capital letters not less than 5 mm high, and the remaining words in letters not less than 2.5 mm high.
19.Product safety standard for a pedal cycle helmet until 31 August 2006
Until the end of 31 August 2006, the product safety standard for a protective helmet for a pedal cyclist consists of the standard set out in —
(a)Schedule 2 Division 1, as varied by Schedule 2 Division 2; or
(b)Schedule 2 Division 3.
Part 5 — Portable fire extinguishers
20.Term used: aerosol type portable fire extinguisher
In this Part and Schedule 3 —
aerosol type portable fire extinguisher means a portable, non‑rechargeable, stored‑pressure fire extinguisher of the aerosol type.
21.Product safety standard for a portable fire extinguisher (except aerosol type) until 31 December 2002
Until the end of 31 December 2002, the product safety standard for a portable fire extinguisher, except an aerosol type portable fire extinguisher, consists of the relevant standards set out in Schedule 3 Division 1, as varied by Schedule 3 Division 2.
22.Product safety standard for an aerosol type portable fire extinguisher until 31 December 2004
Until the end of 31 December 2004, the product safety standard for an aerosol type portable fire extinguisher consists of the relevant standards set out in Schedule 3 Division 3, as varied by Schedule 3 Division 4.
This Part applies to a trolley jack with a capacity nominated by the manufacturer of not more than 2.5 tonnes.
24.Product safety standard for a trolley jack
The product safety standard for a trolley jack consists of the standard set out in Schedule 4 Division 1, as varied by Schedule 4 Division 2.
[Regulation 24 inserted in Gazette 28 May 2010 p. 2353.]
[Heading inserted in Gazette 25 Jun 2010 p. 2858.]
25.Term used: specific vehicle jack
In this Part —
specific vehicle jack means a vehicle jack with a nominated capacity of up to and including 8 tonnes manufactured before 1 July 2011 which is —
(a)limited in its application to a specific vehicle or model or model designation of vehicle; and
(b)intended to be used to lift the specific vehicle or model or model designation of vehicle at only the specific engagement points; and
(c)supplied for use —
(i)with the specific vehicle or model or model designation of vehicle referred to in paragraph (a); or
(ii)as a replacement for the original vehicle jack supplied with the specific vehicle or model or model designation of vehicle referred to in paragraph (a).
[Regulation 25 inserted in Gazette 25 Jun 2010 p. 2858-9.]
This Part applies to vehicle jacks with a nominated capacity of up to and including 8 tonnes.
[Regulation 26 inserted in Gazette 25 Jun 2010 p. 2859.]
27A.Product safety standard for vehicle jacks prior to 1 July 2011
Prior to 1 July 2011, the product safety standard for a vehicle jack consists of —
(a)the standard set out in Schedule 5 Division 1 clause 1, as varied by Schedule 5 Division 2 Subdivision 1; or
(b)the standard set out in Schedule 5 Division 1 clause 2, as varied by Schedule 5 Division 2 Subdivision 2; or
(c)the standard set out in Schedule 5 Division 1 clause 3A, as varied by Schedule 5 Division 2 Subdivision 3.
[Regulation 27A inserted in Gazette 25 Jun 2010 p. 2859.]
27B.Product safety standard for vehicle jacks on and after 1 July 2011
(1)On and from 1 July 2011 the product safety standard for a vehicle jack, other than a specific vehicle jack, consists of the standard set out in Schedule 5 Division 1 clause 3A, as varied by Schedule 5 Division 2 Subdivision 3.
(2)On and from 1 July 2011 the product safety standard for a specific vehicle jack consists of —
(a)the standard set out in Schedule 5 Division 1 clause 1, as varied by Schedule 5 Division 2 Subdivision 1; or
(b)the standard set out in Schedule 5 Division 1 clause 2, as varied by Schedule 5 Division 2 Subdivision 2; or
(c)the standard set out in Schedule 5 Division 1 clause 3A, as varied by Schedule 5 Division 2 Subdivision 3.
[Regulation 27B inserted in Gazette 25 Jun 2010 p. 2859.]
Part 8 — Vehicle support stands
This Part applies to a vehicle support stand with a capacity nominated by the manufacturer of not more than 1.5 tonnes.
28.Product safety standard for a vehicle support stand
The product safety standard for a vehicle support stand consists of the standard set out in Schedule 6 Division 1, as varied by Schedule 6 Division 2.
[Regulation 28 inserted in Gazette 28 May 2010 p. 2353.]
[Heading inserted in Gazette 23 Apr 2002 p. 2121.]
In this Part bunk bed means —
(a)a set of components that are assembled or are ready for assembly into single beds or double/single combination beds which will be stacked one over the other; or
(b)any single bed, other than a hospital bed, where the upper surface of the mattress base is at least 800 mm above the floor surface.
[Regulation 29A inserted in Gazette 30 Dec 2008 p. 5634.]
This Part applies to bunk beds supplied as an item of furniture or part of an item of furniture, not including —
(a)portable bunk beds designed for camping; or
(b)bunk beds that are built‑in fitments in caravans, camper trailers, tent trailers, camper vans, motor homes, trains, ships, aircraft and other types of conveyances.
[Regulation 29B inserted in Gazette 30 Dec 2008 p. 5635.]
29.Product safety standard for bunk beds to which this Part applies
Until the end of 31 March 2016, the product safety standard for bunk beds to which this Part applies consists of the standard set out in Schedule 7 Division 1 as varied by Schedule 7 Division 2.
[Regulation 29 inserted in Gazette 30 Dec 2008 p. 5635.]
[Heading inserted in Gazette 1 Nov 2002 p. 5361.]
In this Part —
baby walker means a device that —
(a)consists of a frame on wheels designed to support, inside the frame and with the child’s feet touching the ground, a child who has not yet learned to walk; and
(b)is propelled by the movement of the child.
[Regulation 30 inserted in Gazette 1 Nov 2002 p. 5361‑2.]
31.Product safety standard for a baby walker
The product safety standard for a baby walker consists of the standard set out in Schedule 8.
[Regulation 31 inserted in Gazette 1 Nov 2002 p. 5362.]
Part 11 — Children’s nightwear and paper patterns for children’s nightwear
[Heading inserted in Gazette 28 May 2010 p. 2354.]
32.Term used: children’s nightwear
In this Part —
children’s nightwear means a garment that is —
(a)of a size in the range 00 to 14 (the number scheme used in Australian Standard 1182:1997 — Size coding scheme for infants’ and children’s clothing — Underwear and outerwear, published by Standards Australia on 5 March 1997; and
(b)of a type that is suitable for nightwear; and
(c)is not a second-hand garment,
and includes a garment that is mentioned in paragraphs (a) to (e) of clause 0.2 of Australian/New Zealand Standard AS/NZS 1249:2003 Children’s nightwear and limited daywear having reduced fire hazard.
[Regulation 32 inserted in Gazette 28 May 2010 p. 2354.]
33.Product safety standard for children’s nightwear
The product safety standard for children’s nightwear consists of the standard set out in Schedule 9 Division 1, as varied by Schedule 9 Division 2.
[Regulation 33 inserted in Gazette 28 May 2010 p. 2354.]
34.Product safety standard for paper patterns for children’s nightwear
The product safety standard for paper patterns for children’s nightwear consists of the standard set out in Schedule 10 Division 1, as varied by Schedule 10 Division 2.
[Regulation 34 inserted in Gazette 28 May 2010 p. 2354‑5.]
[Part 12 (r. 35) deleted in Gazette 28 May 2010 p. 2354.]
[Heading inserted in Gazette 6 May 2003 p. 1557.]
In this Part —
pedal bicycles includes fully assembled or partially assembled bicycles but does not include —
(a)bicycles having a wheel base of less than 640 mm; or
(b)bicycles that are designed, promoted and supplied primarily for use in competition; or
(c)one of a kind bicycles, being bicycles that are uniquely constructed to the order of an individual consumer; or
(d)bicycles that are designed to be hinged or folded, or to be taken apart beyond removal of the front wheel, for ease of storage or portability; or
(e)tandem bicycles; or
(f)power assisted bicycles; or
(g)bicycles showing signs of appreciable wear or second‑hand bicycles; or
(h)recumbent bicycles.
[Regulation 36 inserted in Gazette 28 May 2010 p. 2355.]
37.Product safety standard for pedal bicycles
The product safety standard for pedal bicycles consists of the standard set out in Schedule 11 Division 1, as varied by Schedule 11 Division 2.
[Regulation 37 inserted in Gazette 6 May 2003 p. 1557.]
Part 14 — Sunglasses and fashion spectacles
[Heading inserted in Gazette 1 Oct 2004 p. 4273.]
38.Product safety standard for sunglasses and fashion spectacles
[(1)deleted]
(2)On and from 1 April 2005, the product safety standard for sunglasses and fashion spectacles to which this Part applies consists of the standard set out in Schedule 12 Division 1 clause 2, as varied by Schedule 12 Division 2 Subdivision 2.
(3)This Part applies to —
(a)spectacles comprising tinted lenses of nominal zero refractive power mounted in a spectacle frame; and
(b)individual tinted lenses of nominal zero refractive power intended for use in sunglasses; and
(c)rimless sunshields and one piece visors; and
(d)clip‑on and slip‑on type sunglasses; and
(e)children’s sunglasses.
(4)This Part does not apply to the following —
(a)safety glasses and safety goggles intended to provide protection against optical radiation;
(b)eyewear for protection against radiation in solaria;
(c)ski goggles;
(d)glasses for use as toys that are clearly and legibly labelled as toys;
(e)glasses or goggles for special use, including medical shields especially designed for use by vision impaired persons.
[Regulation 38 inserted in Gazette 1 Oct 2004 p. 4273‑4; amended in Gazette 29 Dec 2006 p. 5879; 28 May 2010 p. 2355‑6.]
Part 15 — Toys for young children up to and including 3 years of age
[Heading inserted in Gazette 1 Oct 2004 p. 4274.]
39.Product safety standard for toys for young children
[(1)deleted]
(2)On and from 1 July 2005, the product safety standard for toys for children up to and including but not limited to 36 months of age, being objects manufactured, designed, labelled or marketed as playthings, to which this Part applies consists of the standard set out in Schedule 13 Division 1 clause 2, as varied by Schedule 13 Division 2 Subdivision 2.
(3)This Part applies to —
(a)rattles, toy dummies, teethers and squeeze toys; and
(b)toys to be attached to a crib, stroller, playpen or baby carriage; and
(c)pull and push toys; and
(d)pounding toys; and
(e)blocks and stacking toys; and
(f)toys for use in a bathtub; and
(g)rocking, spring and stick horses and figures; and
(h)musical chime toys; and
(i)jacks‑in‑the‑box; and
(j)stuffed, plush and flocked animals and figures; and
(k)toys with pompoms; and
(l)games; and
(m)puzzles; and
(n)dolls; and
(o)toy cars, trucks and other vehicles.
(4)This Part does not apply to —
(a)balloons; and
(b)marbles; and
(c)tapes and compact discs; and
(d)books; and
(e)writing materials (including crayons, chalk, pencils and pens); and
(f)paints (including finger paints and water paints), paint brushes and other painting implements; and
(g)modelling material (including clay, plasticine and play dough); and
(h)bicycles having a wheel base of not less than 640 mm; and
(i)playground equipment for parks, schools and domestic use (including swings, see‑saws, slides, agility apparatus, climbing, swinging, rotating and rocking apparatus, cubby houses, sand pits, apparatus for use in sand, sliding poles and ladders); and
(j)goods supplied wholly or partially unassembled for assembly by an adult after supply if the goods are supplied with written assembly instructions and the goods, when assembled in accordance with instructions, comply with this Part; and
(k)flotation toys; and
(l)babies’ dummies that comply with the product safety standard prescribed under Part 22; and
(m)toys made wholly from highly porous material (for example cheesecloth), except toys with pompoms; and
(n)toys made with closed cell polyethylene, ethylene vinyl acetate or like material which are labelled with the word “WARNING” in red upper case letters at least 5 mm high on a white background adjacent to the words “NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD” in red upper case letters at least 2.5 mm high on a white background.
(5)For the purposes of subregulation (4)(n), a toy is labelled as described in subregulation (4)(n) if a toy is marked legibly in a conspicuous position either on the toy or, if the toy is displayed in packaging for retail sale, on a principal outer display face of the packaging in which the toy is displayed.
[Regulation 39 inserted in Gazette 1 Oct 2004 p. 4274‑6; amended in Gazette 12 Oct 2007 p. 5503; 28 May 2010 p. 2356.]
Part 16 — Child carrying seats for bicycles
[Heading inserted in Gazette 21 Mar 2006 p. 1080.]
40.Term used: child carrying seat
In this Part —
child carrying seat means a seat attached or capable of being attached to a bicycle and which is principally designed to carry a child as a passenger on the bicycle.
[Regulation 40 inserted in Gazette 21 Mar 2006 p. 1080.]
41.Instructions and load labelling
(1)Every child carrying seat must when supplied —
(a)be accompanied by instructions for correct fitting to a bicycle —
(i)printed on the packaging of the seat; or
(ii)printed on a leaflet accompanying the seat,
unless it is an integral part of a bicycle; and
(b)be clearly labelled with a statement of the maximum load which it is designed to carry —
(i)printed on the seat; or
(ii)printed on the packaging of the seat; or
(iii)printed on a leaflet accompanying the seat.
(2)This regulation does not apply to the supply of a second‑hand child carrying seat.
[Regulation 41 inserted in Gazette 21 Mar 2006 p. 1080.]
Every child carrying seat must be designed —
(a)for location immediately behind the seat of the rider; and
(b)so that the occupant of the seat faces towards the front of the bicycle; and
(c)to incorporate a foot rest for the occupant; and
(d)to incorporate a restraining device which is an integral part of the seat comprising a webbed seat belt manufactured from high tenacity synthetic fibre and a buckling device for securing the restraint, which cannot be easily or accidentally released by the occupant of the seat; and
(e)to be constructed without sharp edges and to be attached to a tubular metal support by which it can be securely fastened to the bicycle frame.
[Regulation 42 inserted in Gazette 21 Mar 2006 p. 1081.]
[Heading inserted in Gazette 21 Mar 2006 p. 1081.]
In this Part —
bean bag means a cushion or similar item which consists of a bag or cover surrounding the bean bag filling and includes bean bags for use in swimming pools;
bean bag cover means a bag or cover capable of being filled with bean bag filling and which, if filled with bean bag filling, would constitute a bean bag and includes a bag or cover intended as a separate inner lining for a bean bag;
bean bag filling means pellets, or small particles, of polystyrene or other similar synthetic material;
child‑resistant slide‑fastener means a slide‑fastener having a sliding piece which —
(a)does not have attached to it any tag, handle or other object which would facilitate the movement of the sliding piece; and
(b)incorporates a locking mechanism, which prevents the sliding piece opening the slide‑fastener unless a wholly separate device is used to disengage the locking mechanism and act as a handle in the moving of the sliding piece between the teeth;
slide‑fastener means a device comprising 2 sets of teeth, each set of teeth being located on adjacent edges of the device and having an attached sliding piece, which by moving between the adjacent teeth of each edge, causes the teeth to interlock, or cease to interlock, as the case may be, with the teeth of the adjacent edge.
[Regulation 43 inserted in Gazette 21 Mar 2006 p. 1081‑2.]
(1)Bean bags, bean bag covers and packages of every description containing bean bag filling must have fixed securely to or stamped on them a label or notice in the following form —
“WARNING: Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled”.
(2)In the label or notice —
(a)“WARNING” must appear in upper case red letters of not less than 5 mm in height, on a white background;
(b)“Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled”, must appear in upper and lower case letters as the case may be, with the upper case letters of not less than 5 mm in height.
(3A)A warning label or notice referred to in subregulation (1) must be conspicuously displayed.
(3)Every bean bag and every bean bag cover must have a child‑resistant slide‑fastener fitted to every opening through which bean bag filling can be inserted or removed.
[Regulation 44 inserted in Gazette 21 Mar 2006 p. 1082; amended in Gazette 28 May 2010 p. 2356.]
Part 18 — Basketball rings and backboards
[Heading inserted in Gazette 20 Oct 2006 p. 4461.]
(1)Every basketball ring or backboard must when supplied be accompanied by —
(a)a warning; and
(b)a warning symbol.
(2)The warning mentioned in subregulation (1)(a) —
(a)must contain the words —
“WARNING: IMPROPER INSTALLATION OR SWINGING ON THE RING MAY CAUSE SERIOUS INJURY OR DEATH”; and
(b)must be clearly legible, in upper case, in red letters on a white background; and
(c)for the word “WARNING:” — must be in characters not less than 15 mm in height; and
(d)for the words other than the word “WARNING:” — must be in characters not less than 10 mm in height.
(3)The warning symbol mentioned in subregulation (1)(b) —
(a)must be in the form of the graphic set out in Schedule 14; and
(b)for the circle that forms part of the graphic — must have a diameter of not less than 120 mm from outer edge to outer edge; and
(c)for the circle and the diagonal line that form part of the graphic — must be in red, and drawn with a line not less than 5 mm in width; and
(d)for the basketball player figure that forms part of the graphic — must be entirely black; and
(e)for the ring and backboard that form part of the graphic — must be outlined in black.
(4)If a basketball ring or backboard is supplied in a package, the warning and warning symbol mentioned in subregulation (1) must accompany the ring or backboard by being marked —
(a)in a conspicuous position on the package; or
(b)on a label affixed in a conspicuous position on the package.
(5)If a basketball ring or backboard is not supplied in a package, the warning and warning symbol mentioned in subregulation (1) must accompany the ring or backboard by being marked —
(a)in a conspicuous position on the ring or backboard; or
(b)on a label affixed in a conspicuous position on the ring or backboard; or
(c)on a tag attached in a conspicuous position on the ring or backboard.
[Regulation 45 inserted in Gazette 20 Oct 2006 p. 4461‑2.]
46.Permanent warning on backboard
(1)Every basketball backboard must when supplied be accompanied by a warning that is permanently marked on the backboard.
(2)A warning mentioned in subregulation (1) —
(a)must contain the following words —
“WARNING: SWINGING ON THE RING MAY CAUSE SERIOUS INJURY OR DEATH”; and
(b)must be clearly legible, in characters not less than 10 mm in height; and
(c)must be marked on the backboard in a conspicuous position —
(i)in permanent writing; or
(ii)on a label that is permanently fixed to the backboard.
[Regulation 46 inserted in Gazette 20 Oct 2006 p. 4462.]
[Heading inserted in Gazette 20 Oct 2006 p. 4462.]
In this Part —
AS/NZS 2172:2003 means the Australian/New Zealand Standard AS/NZS 2172:2003 “Cots for household use — Safety requirements”, approved by Standards Australia on 19 September 2003;
cot means a cot, as defined in AS/NZS 2172:2003, to which that standard applies.
[Regulation 47 inserted in Gazette 20 Oct 2006 p. 4462; amended in Gazette 28 May 2010 p. 2357.]
48.Product safety standard for cots
(1)This regulation applies on and after 1 November 2006.
(2)The product safety standard for new cots consists of AS/NZS 2172:2003 varied in the following manner —
(a)delete clauses 1, 2, 4, 6.1(f), 7, 8, 9.2(c), and 10;
(b)delete clause 6.1(g) and insert:
(g)With the dropside in the closed position and the mattress base in the lower position, when tested in accordance with Appendix A with a force of 50 N it must not be possible for a 30 mm probe to pass through any aperture between the mattress base and the sides and between the mattress base and the ends.
(c)at the end of clause 6.3(e) insert:
For a lift and push dropside release mechanism, either the lift or push action must comply with clause 6.3(d).
(d)in clause 6.7 delete note 1;
(e)delete Paragraph A5(h) and A5(i) and insert:
(h)For any gaps recorded in Step (g) between the mattress base in the lower position and the sides and ends with the dropside in the closed position, insert the 30 mm diameter probe and apply a force of 50 N.
(i)For any gaps recorded in Step (g) except for the gaps tested in Step (h), insert the 30 mm diameter probe and apply a force of 100 N.
(j)Record all gaps that allowed the passage of the 30 mm diameter probe when tested in accordance with A5(h) and A5(i) except for the following:
(i)Gaps formed between —
(A)fixed sides and the mattress base in the upper position; and
(B)fixed ends and the mattress base in the upper position.
(ii)Gaps formed between the dropside in both open and closed positions and the mattress base in the upper position.
(iii)Gaps formed between the dropside in the open position and the mattress base in the lower position.
(f)renumber the succeeding A5 paragraphs;
(g)in Paragraph A6(b) delete “but not the 50 mm diameter probe as noted in Paragraphs A5(i) and A5(g) respectively” and insert:
as recorded in Paragraph A5(j)
(3)The product safety standard for second‑hand cots consists of AS/NZS 2172:2003 varied by —
(a)deleting clauses 1, 2, 4, 6.1(f), 6.1(g), 6.8(c), 6.8(d), 6.8(e), 7, 8, 9.2(b), 9.2(c), 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 10, 11 and 12; and
(b)amending clause 6.7 by deleting “5 mm” and inserting instead —
“ 8 mm ”; and
(c)deleting note 1.
[Regulation 48 inserted in Gazette 20 Oct 2006 p. 4463; amended in Gazette 28 May 2010 p. 2357‑9.]
49.Antique or collectable cots
(1)The product safety standards prescribed by regulation 48 do not apply in relation to an antique or collectable cot if the cot when supplied —
(a)is accompanied by a certificate from the supplier to the consumer stating that it is not safe to place a child in the cot; and
(b)has clearly visible external and internal warning statements permanently attached to the cot by means of gluing or mechanical fixing (nails or screws) of a metal plaque displayed on the upper half of the side or end of the cot.
(2)A warning statement mentioned in subregulation (1)(b) —
(a)must contain the following words —
“WARNING: this cot does not meet the mandatory safety standard.
For display purposes only.
It is dangerous to place a child in this cot.”; and
(b)must be capitalised and underlined as set out in paragraph (a); and
(c)must have lettering that is in sharp contrast to the background; and
(d)for the capital letters — must be in characters not less than 5 mm in height; and
(e)for the lower case letters — must be in characters not less than 2.5 mm in height.
[Regulation 49 inserted in Gazette 20 Oct 2006 p. 4463; amended in Gazette 28 May 2010 p. 2359.]
Part 20 — External corded blinds
[Heading inserted in Gazette 20 Oct 2006 p. 4464.]
In this Part —
blind includes a screen, shade, awning or other window covering;
bottom rail of a blind means the rail, rod, batten or other rigid component forming the bottom edge of the blind when it is fully lowered, or if the blind does not have a rigid bottom edge, the bottom edge of the blind;
external corded blind means a blind that is —
(a)designed to be raised and lowered by means of a pull cord which forms a closed loop with a circumference exceeding 300 mm; and
(b)supplied for external use;
pull cord means a rope, string, cord, strap or other flexible component by means of which a blind is raised and lowered.
[Regulation 50 inserted in Gazette 20 Oct 2006 p. 4464.]
(1)Every external corded blind must be designed to incorporate —
(a)a device that enables the pull cord to be secured in a manner that —
(i)maintains tension on the pull cord; and
(ii)holds the pull cord as close as practicable to the blind or to the wall or surface on which the blind is mounted; and
(iii)holds the pull cord out of reach of young children;
and
(b)a device that enables the bottom rail of the blind, when the blind is lowered, to be secured to the ground, a wall or another surface in a manner that maintains tension on the bottom rail.
(2)Every external corded blind must when supplied be accompanied by all the screws or other fasteners required to install all components of the devices referred to in subregulation (1).
[Regulation 51 inserted in Gazette 20 Oct 2006 p. 4464.]
(1)Every external corded blind must when supplied —
(a)have attached to the bottom rail a warning label in the form set out in Schedule 15 clause 1; and
(b)have attached to the blind a warning label in the form set out in Schedule 15 clause 2; and
(c)have attached to each of the devices referred to in regulation 51(1) a warning label in the form set out in Schedule 15 clause 3 containing an explanation of how the device is designed to operate and how it should be used to minimise the risk to young children of strangulation.
(2)On a warning label referred to in subregulation (1) —
(a)the word “WARNING” must be in letters not less than 8 mm in height; and
(b)the other capital letters must be not less than 3 mm in height; and
(c)the top panel of the label must be orange with the word “WARNING” and triangular symbol in black.
[Regulation 52 inserted in Gazette 20 Oct 2006 p. 4465.]
(1)Every external corded blind must when supplied be accompanied by written information that —
(a)explains how to install —
(i)the blind; and
(ii)each of the devices referred to in regulation 51(1);
and
(b)incorporates a copy of the warning label referred to in regulation 52(1)(b).
(2)This regulation does not apply in relation to a blind that is installed by the supplier or a person engaged by the supplier.
[Regulation 53 inserted in Gazette 20 Oct 2006 p. 4465.]
Part 21 — Objects intended to hold or decorate candles
[Heading inserted in Gazette 29 Dec 2006 p. 5879.]
54.Term used: candle accessory
In this Part —
candle accessory means an object intended to hold or decorate a candle.
[Regulation 54 inserted in Gazette 29 Dec 2006 p. 5879.]
55.Product safety standard for candle accessories
(1)The product safety standard for a candle accessory consists of the requirements set out in this regulation.
(2)A candle accessory, when subjected to flame or heat emanating from a candle being held or decorated by it, must not ignite and continue to flame for a period of 5 seconds or more after ignition.
[Regulation 55 inserted in Gazette 29 Dec 2006 p. 5880.]
[Heading inserted in Gazette 12 Oct 2007 p. 5503.]
56.Product safety standard for babies’ dummies
The product safety standard for babies’ dummies consists of the Australian Standard AS 2432—1991, Babies’ dummies, published by Standards Australia on 15 November 1991 (ISBN 0 7262 7149 7), varied as follows:
(a)by deleting clauses 3 and 5;
(b)in clause 6.1 by deleting “and 6.3”;
(c)by deleting clause 6.3;
(d)in clause 6.4.2 —
(i)by deleting paragraph (a);
(ii)in paragraph (c)(iii) by deleting “25 mm” and inserting instead —
“ 15 mm ”;
(iii)in the note after paragraph (d)(ii) by deleting “25 mm” in each place it occurs and in each place inserting instead —
“ 15 mm ”;
(e)in clause 6.4.3 by deleting the notes after paragraph (c);
(f)by deleting clauses 7.2, 7.3 and 7.4;
(g)by deleting clause 9.1 and inserting instead —
“
9.1 General The pack shall be legibly labelled with the name and address of the Australian manufacturer or Australian Distributor.
”;
(h)by deleting clause 9.3 and inserting instead —
“
9.3 Warning notice The pack shall bear a clear and legible warning notice which shall include the following words or words that have the same meaning:
WARNING
DO NOT TIE DUMMY AROUND BABY’S NECK AS IT PRESENTS A STRANGULATION HAZARD
In the warning notice the word ‘PACIFIER’ or ‘SOOTHER’ may be substituted for the word ‘DUMMY’.
”;
(i)by deleting Appendix A;
(j)by deleting Appendix C clause C2 and inserting instead —
“
C2 PRINCIPLE A dummy is placed centrally on the test template with its major and minor axes aligned with the major and minor axes of the template and the teat protruding down through the opening. A specified tensile force is applied to the teat in an attempt to force the dummy through the opening in the template. If the dummy is not forced through the opening in the template, the dummy is inverted and the procedure repeated.
”;
(k)in Appendix C clause C3 —
(i)by deleting from the title “AND REAGENT”;
(ii)by deleting “and reagent are” and inserting instead —
“ is ”;
(iii)by deleting paragraph (b);
(iv)in paragraph (c) by deleting the second paragraph and inserting instead —
“
The test template shall have inscribed on it the major axis (I) and the minor axis (II).
”;
(l)in Appendix C clause C4 by deleting “shall be representative of the batch and”;
(m)in Appendix C clause C6 —
(i)by deleting paragraphs (c), (h), (i) and (m);
(ii)by deleting paragraph (d) and inserting instead —
“
(d)Place the dummy, teat down, in the opening of the template as shown in Figure C2, so that the major axis of the shield aligns with the major axis I‑I of the template and the minor axis of the shield aligns with the minor axis II‑II of the template.
”;
(iii)by deleting paragraph (j) and inserting instead —
“
(j)Place the dummy, teat up, in the opening of the template as shown in Figure C3, so that the major axis of the shield aligns with the major axis I‑I of the template and the minor axis of the shield aligns with the minor axis II‑II of the template.
”;
(n)by deleting Appendix D;
(o)in Appendix E clause E2 by deleting “immersed in a wetting solution and then”;
(p)in Appendix E clause E3 —
(i)by deleting from the title “AND REAGENT”;
(ii)by deleting “and reagent are” and inserting instead —
“ is ”;
(iii)by deleting paragraph (c);
(q)in Appendix E clause E4 by deleting “shall be representative of the batch and”;
(r)in Appendix E clause E6 —
(i)by deleting paragraph (b);
(ii)in paragraph (c) by deleting “While the dummy is wet, clamp” and inserting instead —
“ Clamp ”;
(s)by deleting Appendix F, Appendix G and Appendix H;
(t)in Appendix I clause I4 by deleting “shall be representative of the batch and”.
[Regulation 56 inserted in Gazette 12 Oct 2007 p. 5503‑6.]
Part 23 — Safety pins with catch covers
[Heading inserted in Gazette 24 Apr 2007 p. 1759.]
57.Product safety standard for safety pins with catch covers
(1)In this regulation —
prescribed tests has the meaning given to that term by subregulation (2);
safety pin with a catch cover means a safety pin the catch of which has a sliding cover that is designed to prevent the pin from being opened from the catch when the cover is closed over the catch.
(2)The prescribed tests are —
(a)the torque test in clause 5.24.5 of; and
(b)the tension test in clause 5.24.6.1 of,
the Australian Standard AS/NZS ISO 8124.1:2002, Safety of toys, Part 1: Safety aspects related to mechanical and physical properties (ISO 8124‑1:2000), published by Standards Australia on 30 April 2002.
(3)The product safety standard for safety pins with catch covers consists of the requirements of this regulation.
(4)The catch cover on a safety pin with a catch cover must remain attached to the safety pin when the safety pin and its catch cover are subjected to the prescribed tests.
(5)For the purposes of subjecting a safety pin with a catch cover to the prescribed tests, the tests must be read and applied as if —
(a)the safety pin and its catch cover were a toy with a projection; and
(b)the catch cover were the test component; and
(c)the words “Determine whether the toy continues to conform to the relevant requirements of clause 4.” were deleted.
[Regulation 57 inserted in Gazette 24 Apr 2007 p. 1759‑60.]
Part 24 — Child restraint systems for use in motor vehicles
[Heading inserted in Gazette 27 Jun 2008 p. 3051.]
In this Part —
booster cushion means a device to raise a child’s position in a motor vehicle and adapt an adult seat belt for use as a child restraint, and which does not have a back above the seating plane;
booster seat means a device to raise a child’s position in a motor vehicle and adapt an adult seat belt for use as a child restraint, and which has a back above the seating plane;
child restraint means a restraining device for a child passenger in a motor vehicle that is intended to reduce the risk of bodily injury to the child in the event of a motor vehicle impact;
restraint component means a device to restrain a child in a child restraint, to anchor a child restraint to a motor vehicle or to restrain a vehicle seat.
[Regulation 58 inserted in Gazette 27 Jun 2008 p. 3051‑2.]
59.Product safety standard for child restraint systems for use in motor vehicles
The product safety standard for child restraints, restraint components, booster seats and booster cushions consists of —
(a)the standard set out in Schedule 16 Division 1 clause 1, as varied by Schedule 16 Division 2; or
(b)the standard set out in Schedule 16 Division 1 clause 2, as varied by Schedule 16 Division 2; or
(c)the standard set out in Schedule 16 Division 1 clause 3, as varied by Schedule 16 Division 2.
[Regulation 59 inserted in Gazette 27 Jun 2008 p. 3052.]
60.Product to which this Part does not apply
This Part does not apply to a device that is —
(a)designed for children with a disability; or
(b)an integrated feature of a motor vehicle.
[Regulation 60 inserted in Gazette 27 Jun 2008 p. 3052.]
[Heading inserted in Gazette 27 Jun 2008 p. 3054.]
In this Part —
pram means a wheeled vehicle with a body of box‑like or boat‑like shape designed to transport a baby or child weighing up to and including 9 kg primarily in a fully reclined position;
stroller means a wheeled vehicle designed to transport a child in a seated position, and which may also be adjusted to a semi‑reclined or a fully reclined position.
[Regulation 61 inserted in Gazette 27 Jun 2008 p. 3054.]
62.Product safety standard for prams and strollers
The product safety standard for prams and strollers consists of the standard set out in Schedule 17 Division 1, as varied by Schedule 17 Division 2.
[Regulation 62 inserted in Gazette 27 Jun 2008 p. 3054.]
[Heading inserted in Gazette 22 Aug 2008 p. 3659.]
[Heading inserted in Gazette 22 Aug 2008 p. 3659.]
This Part applies to hot water bottles that are manufactured in Western Australia, or imported into Western Australia, on or after the commencement of the Fair Trading (Product Safety Standard) Amendment Regulations (No. 3) 2008 regulation 4 1.
[Regulation 63 inserted in Gazette 22 Aug 2008 p. 3659‑60.]
In this Part —
ferrule means a metal or plastic ring designed to assist in achieving a water tight seal for a hot water bottle;
filling aperture means an opening in the neck block of a hot water bottle through which water may enter;
hot water bottle means a container —
(a)made from PVC or rubber; and
(b)designed to be —
(i)completely or partly filled with hot water; and
(ii)sealed with a stopper; and
(iii)used for the purpose of warming parts of the body or a bed;
and
(c)that includes —
(i)a ferrule; and
(ii)a filling aperture; and
(iii)a neck block; and
(iv)a stopper;
integral filling funnel means a funnel that is designed to assist the safe filling of a hot water bottle;
neck block means the top of a hot water bottle when the hot water bottle is being filled;
PVC means polyvinyl chloride;
stopper means a device that is designed to be inserted into the neck block of a hot water bottle to trap water in the body of a hot water bottle.
[Regulation 64 inserted in Gazette 22 Aug 2008 p. 3660.]
Division 2 — Physical properties
[Heading inserted in Gazette 22 Aug 2008 p. 3660.]
65.Rubber hot water bottles — capacity and thickness
(1)If a rubber hot water bottle has a capacity of less than 2 000 mL, the rubber material that is used to make the body of the bottle must have a minimum thickness of 1.4 mm.
(2)If a rubber hot water bottle has a capacity of at least 2 000 mL, the rubber material that is used to make the body of the bottle must have a minimum thickness of 1.5 mm.
[Regulation 65 inserted in Gazette 22 Aug 2008 p. 3660‑1.]
66.PVC hot water bottles — capacity and thickness
(1)If a PVC hot water bottle has a capacity of less than 800 mL, the PVC material that is used to make the body of the bottle must have a minimum thickness of 1.5 mm.
(2)If a PVC hot water bottle has a capacity of at least 800 mL, but less than 2 000 mL the PVC material that is used to make the body of the bottle must have a minimum thickness of 1.7 mm.
(3)If a PVC hot water bottle has a capacity of at least 2 000 mL, the PVC material that is used to make the body of the bottle must have a minimum thickness of 1.8 mm.
[Regulation 66 inserted in Gazette 22 Aug 2008 p. 3661.]
(1)A filling aperture of a hot water bottle must not be less than 18 mm in diameter.
(2)If the filling aperture is less than 20.3 mm in diameter the hot water bottle must be equipped with an integral filling funnel that —
(a)has a minimum capacity of 60 mL when a stopper is fitted; and
(b)extends beyond the height of the stopper.
[Regulation 67 inserted in Gazette 22 Aug 2008 p. 3661.]
[Heading inserted in Gazette 22 Aug 2008 p. 3661.]
A hot water bottle must be provided with a stopper that, when tested in accordance with tests 1 and 2 set out in Schedule 18 clauses 3 and 4, must not show —
(a)visible leakage around the stopper; or
(b)visible damage to the stopper.
[Regulation 68 inserted in Gazette 22 Aug 2008 p. 3661.]
69.Test for separation of screw stopper
(1)A screw stopper, when tested in accordance with the procedure set out in Schedule 18 clause 7, must not leak or separate between the following —
(a)the stopper and the ferrule;
(b)the ferrule and the neck block;
(c)the neck block and the body of the hot water bottle.
(2)There must be no other visible defects that could impair the integrity of the hot water bottle.
[Regulation 69 inserted in Gazette 22 Aug 2008 p. 3661.]
[Heading inserted in Gazette 22 Aug 2008 p. 3662.]
A hot water bottle body must show no visible leakage when inflated with air to a minimum pressure of (14
[Regulation 70 inserted in Gazette 22 Aug 2008 p. 3662.]
The seams of a hot water bottle must withstand a minimum tensile force of 72 N when tested in accordance with the procedure set out in Schedule 18 clause 8.
[Regulation 71 inserted in Gazette 22 Aug 2008 p. 3662.]
(1)A hot water bottle must show no visible leakage when tested in accordance with the procedure set out in Schedule 18 clause 10.
(2)There must be no other visible defects that could impair the integrity of a hot water bottle when it is tested in accordance with the procedure set out in Schedule 18 clause 10.
[Regulation 72 inserted in Gazette 22 Aug 2008 p. 3662.]
Division 5 — Informative labelling
[Heading inserted in Gazette 22 Aug 2008 p. 3662.]
(1)A hot water bottle must be marked with the warning message, “Do not use boiling water”.
(2)The warning message must be —
(a)a permanent mark on the hot water bottle; and
(b)prominently displayed on the hot water bottle.
(3)In addition, a hot water bottle must be accompanied by the warning messages set out in —
(a)Schedule 18 clause 11(1); and
(b)Schedule 18 clause 11(2)(a) or (b).
(4)If a hot water bottle is made of natural rubber the statement set out in Schedule 18 clause 11(3) must also accompany the hot water bottle.
[Regulation 73 inserted in Gazette 22 Aug 2008 p. 3662.]
Part 27 — Children’s portable folding cots
[Heading inserted in Gazette 30 Dec 2008 p. 5635.]
In this Part folding cot means —
(a)an enclosure which can be used for sleeping and which can be folded when not in use; and
(b)an enclosure designed to retain a child while playing which has a floor, but not such an enclosure which has no floor.
[Regulation 74 inserted in Gazette 30 Dec 2008 p. 5635.]
75.Product safety standard for children’s portable folding cots
On and after 1 March 2009 until the end of 31 March 2019, the product safety standard for children’s portable folding cots consists of the standard set out in Schedule 19 Division 1 as varied by Schedule 19 Division 2.
[Regulation 75 inserted in Gazette 30 Dec 2008 p. 5635.]
[Heading inserted in Gazette 28 May 2010 p. 2359.]
In this Part —
baby bath aid means a device designed to support a baby while the baby is being bathed;
safety alert symbol means a symbol consisting of an exclamation mark inside an equilateral triangle with a base of at least 30 mm, as depicted in Schedule 2 to the notice under paragraph 31(1)(a) of the Fair Trading Act 1987 (NSW) published in the New South Wales Government Gazette No. 63 on 26 March 2004, at page 1721.
[Regulation 76 inserted in Gazette 28 May 2010 p. 2359‑60.]
77.Product safety standard for baby bath aids
The product safety standard for a baby bath aid consists of the standard set out in Schedule 20.
[Regulation 77 inserted in Gazette 28 May 2010 p. 2360.]
Part 29 — Balloon‑blowing kits
[Heading inserted in Gazette 28 May 2010 p. 2360.]
78.Term used: balloon-blowing kits
In this Part —
balloon‑blowing kits means goods that contain a substance capable of being used to make inflated balloons by the action of blowing the whole or a portion of the substance from a tube (not being a container) contained in the goods.
[Regulation 78 inserted in Gazette 28 May 2010 p. 2360.]
79.Product safety standard for balloon‑blowing kits
(1)The product safety standard for balloon‑blowing kits consists of the standard set out in subregulation (2).
(2)The consumer product safety standard referred to in subregulation (1) consists of the requirement that the substance contained in balloon‑blowing kits that is capable of being used to make inflated balloons must not contain benzene.
[Regulation 79 inserted in Gazette 28 May 2010 p. 2360.]
[Heading inserted in Gazette 28 May 2010 p. 2361.]
In this Part —
exercise cycle means a stationary device designed to be used for personal physical exercise by means of an activity simulating bicycle riding.
[Regulation 80 inserted in Gazette 28 May 2010 p. 2361.]
81.Product safety standard for exercise cycles
The product safety standard for exercise cycles consists of the standard set out in Schedule 21 Division 1, as varied by Schedule 21 Division 2.
[Regulation 81 inserted in Gazette 28 May 2010 p. 2361.]
Part 31 — Flotation toys and aquatic toys
[Heading inserted in Gazette 28 May 2010 p. 2361.]
82.Toys covered by this safety standard
(1)Flotation toys and aquatic toys that are —
(a)designed or clearly intended for use in play by children under 14 years of age; and
(b)intended to bear the mass of a child in water, whether inflatable or not,
whether or not worn or otherwise attached to the body, including but not limited to —
(c)inflatable novelty shapes; and
(d)inflatable toy boats, which by virtue of their size and design are intended for use in shallow water; and
(e)unattached complete or partial rings,
are flotation toys and aquatic toys to which the standard in this Part applies.
(2)The following flotation toys and aquatic toys are toys to which the standard in this Part does not apply —
(a)beach balls;
(b)surfboards;
(c)body/boogie boards;
(d)inflatable air beds;
(e)inflatable boats, which by virtue of their size and design are intended for use in deep water;
(f)kickboards.
[Regulation 82 inserted in Gazette 28 May 2010 p. 2361‑2.]
83.Product safety standard for flotation toys and aquatic toys
(1)On or before 31 March 2010, the product safety standard for flotation toys and aquatic toys consists of the standard set out in —
(a)Schedule 22 Division 1, as varied by Schedule 22 Division 2; or
(b)Schedule 22 Division 3, as varied by Schedule 22 Division 4.
(2)On and after 1 April 2010, the product safety standard for flotation toys and aquatic toys consists of the standard set out in Schedule 22 Division 3, as varied by Schedule 22 Division 4.
[Regulation 83 inserted in Gazette 28 May 2010 p. 2362.]
Part 32 — Swimming aids and flotation aids
[Heading inserted in Gazette 28 May 2010 p. 2362.]
84.Buoyancy aids covered by this safety standard
(1)Swimming aids and flotation aids designed for children under 14 years of age, worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or to assist them in acquiring unaided buoyancy through swimming tuition, including, but not limited to —
(a)arm bands;
(b)attached rings;
(c)swimming aid vests,
are swimming aids and flotation aids to which the standard in this Part applies.
(2)The following swimming aids and flotation aids are buoyancy aids to which the standard in this Part does not apply —
(a)inflatable novelty shapes;
(b)unattached complete or partial rings;
(c)kickboards;
(d)articles designed for therapeutic use by disabled persons;
(e)articles, including life jackets or other personal flotation devices, which are within the scope of AS 4758 Personal flotation devices, as at 8 April 2009.
[Regulation 84 inserted in Gazette 28 May 2010 p. 2362‑3.]
85.Product safety standard for swimming aids and flotation aids
(1)On or before 31 March 2010, the product safety standard for swimming aids and flotation aids consists of the standard set out in —
(a)Schedule 23 Division 1, as varied by Schedule 23 Division 2; or
(b)Schedule 23 Division 3, as varied by Schedule 23 Division 4.
(2)On and after 1 April 2010, the product safety standard for swimming aids and flotation aids consists of the standard set out in Schedule 23 Division 3, as varied by Schedule 23 Division 4.
[Regulation 85 inserted in Gazette 28 May 2010 p. 2363‑4.]
Part 33 — Protective helmets for motor cyclists
[Heading inserted in Gazette 28 May 2010 p. 2364.]
86.Product safety standard for protective helmets for motor cyclists
The product safety standard for protective helmets for motor cyclists consists of the Australian Standard 1698‑1988, “Protective Helmets for Vehicle Users” published by the Standards Association of Australia on 9 May 1988, as varied by regulation 87.
[Regulation 86 inserted in Gazette 28 May 2010 p. 2364.]
87.Variation of safety standard
The product safety standard for protective helmets for motor cyclists set out in regulation 86 is varied in the following manner —
(a)in clause 4.4 delete “AS 1609” and insert:
AS 1609‑1981
(b)delete clause 8(g).
[Regulation 87 inserted in Gazette 28 May 2010 p. 2364.]
Part 34 — Portable ramps for vehicles
[Heading inserted in Gazette 28 May 2010 p. 2364.]
This Part applies to portable ramps for vehicles with a nominated capacity up to and including 1.5 tonnes.
[Regulation 88 inserted in Gazette 28 May 2010 p. 2364.]
89.Product safety standard for portable ramps for vehicles
The product safety standard for portable ramps for vehicles consists of the Australian Standard 2640‑1994, “Portable Ramps for Vehicles” approved by Standards Australia on 10 February 1994.
[Regulation 89 inserted in Gazette 28 May 2010 p. 2364‑5.]
[Heading inserted in Gazette 2 Feb 2010 p. 224]
In this Part —
treadmill means an exercise device that consists of an endless conveyor belt that is either rotated manually or by a motor and on which a person can walk or jog in one place.
[Regulation 90 inserted in Gazette 2 Feb 2010 p. 224.]
91.Product safety standard for treadmills
(1)The product safety standard for a treadmill consists of the requirements set out in subregulations (2), (3), (4) and (5).
(2)A treadmill must display a permanent warning label that is conspicuous and visible to a user of the treadmill when the treadmill is being used.
(3)The warning label must bear the following statement —
“WARNING: Keep young children away from this machine at all times. Contact with the moving surface may result in severe friction burns.”
(4)For the statement mentioned in subregulation (3) —
(a)the word “WARNING” must appear in bold upper case letters and be not less than 5 mm in height; and
(b)the remaining words must be in lower case letters and be not less than 2.5 mm in height.
(5)The warning label must be separate from any other warning or label on the treadmill.
[Regulation 91 inserted in Gazette 2 Feb 2010 p. 225.]
Part 36 — Lead and certain elements in children’s toys
[Heading inserted in Gazette 2 Feb 2010 p. 225]
In this Part —
children’s toys means goods supplied new that are designed or clearly intended for use in play by children, but does not include any of the following —
(a)sporting goods;
(b)camping goods;
(c)bicycles;
(d)playground equipment for public and domestic use;
(e)trampolines;
(f)electronic game units;
(g)models powered by combustion or steam engines;
(h)fashion jewellery for children.
[Regulation 92 inserted in Gazette 2 Feb 2010 p. 225; amended in Gazette 25 Jun 2010 p. 2860.]
93.Product safety standard for lead and certain elements in children’s toys
(1)The product safety standard for lead and certain elements in children’s toys, other than finger paints for children, consists of the standard set out in Schedule 24 Division 1, as varied by Schedule 24 Division 2.
(2)The product safety standard for lead and certain elements in finger paints for children consists of the standard set out in Schedule 24 Division 3.
[Regulation 93 inserted in Gazette 2 Feb 2010 p. 226.]
Part 37 — Children’s toys containing magnets
[Heading inserted in Gazette 25 Jun 2010 p. 2860.]
94.Product safety standard for children’s toys containing magnets
The product safety standard for toys to which this Part applies consists of the standard set out in Schedule 25 Division 1 as varied by Schedule 25 Division 2.
[Regulation 94 inserted in Gazette 25 Jun 2010 p. 2860.]
(1)This Part applies to products supplied new that are designed or clearly intended for use in play by children under the age of 14 years.
(2)This Part does not apply to —
(a)sporting goods;
(b)camping goods;
(c)bicycles;
(d)home and public playground equipment;
(e)trampolines;
(f)electronic game units;
(g)models powered by combustion or steam engines;
(h)fashion jewellery.
[Regulation 95 inserted in Gazette 25 Jun 2010 p. 2860.]
Schedule 1 — Test procedures for lighters
[Pt. 2]
[Heading inserted in Gazette 28 May 2010 p. 2365.]
Division 1 — General test procedures
[Heading inserted in Gazette 28 May 2010 p. 2365.]
1.The lighter must be maintained at a temperature of 23 ± 2°C for at least 10 hours immediately preceding testing in accordance with Divisions 2, 3 and 4.
2.The area in which tests are carried out must be maintained at a temperature of 23 ± 2°C during testing in accordance with Divisions 2, 4 and 5.
3.The lighter to be tested must be new, free of mechanical damage and must not (except where required by these regulations) have been previously tested.
[Division 1 inserted in Gazette 28 May 2010 p. 2365.]
Division 2 — Flame height test procedures
[Heading inserted in Gazette 28 May 2010 p. 2365.]
4.The test must be carried out inside a draft free chamber constructed from suitable non‑flammable material. The flame height must be measured to the nearest 10 mm.
5.Adjustable lighters must be tested with the lighter adjusted to produce the maximum flame height and then with the lighter adjusted to produce the minimum flame height.
6.The lighter must produce a flame for a continuous 5 second period and the flame height must be determined by measuring from the tip of the flame to the top of the flameguard or to the base of the flame (in the case of a lighter that does not have a flameguard) by means of a board positioned at least 25 mm behind the lighter which is marked with 10 mm increments.
[Division 2 inserted in Gazette 28 May 2010 p. 2365‑6.]
Division 3 — Inversion test procedures
[Heading inserted in Gazette 28 May 2010 p. 2366.]
7.The lighter (adjustable lighters adjusted to produce a 50 mm flame) must be operated to produce a flame, for a continuous 10 second period in a draft free chamber, while being held at 45° below the horizontal.
[Division 3 inserted in Gazette 28 May 2010 p. 2366.]
Division 4 — Drop test procedures
[Heading inserted in Gazette 28 May 2010 p. 2366.]
8.The lighter must be allowed to fall 3 times onto a concrete surface from a point 1.5 m above it, from the following positions —
(a)firstly, an upright position;
(b)secondly, an inverted position;
(c)thirdly, a horizontal position.
9.The lighter must be inspected after every fall and any spontaneous ignition or damage must be recorded.
[Division 4 inserted in Gazette 28 May 2010 p. 2366.]
Division 5 — Temperature test procedures
[Heading inserted in Gazette 28 May 2010 p. 2366.]
10.An oven capable of withstanding the explosion of a lighter when being tested and of maintaining a temperature of 54 ± 2°C must be used in the test.
11.The lighter must be placed in the oven for 4 hours during which time the oven temperature must be maintained at 54 ± 2°C.
12.The lighter when removed from the oven must, when cool, be tested in accordance with Division 3.
[Division 5 inserted in Gazette 28 May 2010 p. 2366.]
Division 6 — Pressure test procedure
[Heading inserted in Gazette 28 May 2010 p. 2366.]
13.The test apparatus must consist of a device capable of producing gauge pressure of 2 (MPa).
14.The lighter must be emptied of fuel.
15.The fuel reservoir of the lighter must be subjected to an internal pressure equal to twice the vapour pressure at 54°C of the fuel normally used in the lighter. The pressure rise must not exceed a rate of 69 kPa per second.
[Division 6 inserted in Gazette 28 May 2010 p. 2366‑7.]
