Commonwealth Numbered Regulations - Explanatory Statements

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TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 238

EXPLANATORY STATEMENT

STATUTORY RULES 1999 No. 238

Issued by the Authority of the Minister for Financial Services and Regulation

Trade Practices Act 1974

Trade Practices (Consumer Product Safety Standards) Amendment Regulations 1999 (No. 1)

Authority

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

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 as is reasonably necessary to prevent or reduce risk of injury to any person.

Purpose

The purpose of the Regulations is to set new mandatory labelling requirements for elastic luggage straps. These requirements provide for the utilisation of safety colours to enhance the visibility of the warning on the labelling, ensure uniformity of consumer information and assist with the enforcement of the standard by the Australian Competition and Consumer commission (ACCC).

Further details on the proposed Regulations are Attachment A.

A Regulation Impact Statement is attached.

The Regulations commence on 30 November 1999.

Attachment A

DETAILS OF THE REGULATIONS

Details of the Regulations are as follows:

Regulation 1 determines the name of the Regulations to be the Trade Practices (Consumer Product Safety Standards) Amendment Regulations 1999 (No. 1)

Regulation 2 determines that the Regulations commence on 30 November 1999.

Regulation 3 provides for the amendment of the Trade Practices (Consumer Product Safety Standards) Regulations through Schedule 1 of these Regulations.

Schedule 1[1] determines that the name of these Regulations is the Trade Practices (Consumer Product Safety Standards) Regulations 1979.

Schedule 1[2] provides a new heading which details that the existing labelling requirement will continue until 31 May 2001.

Schedule 1[3] determines that the consumer product safety standard for elastic luggage straps will include both the existing labelling requirements and the new labelling requirements contained in Regulation 11B until 31 May 2001.

Schedule 1[4] inserts a reference in the Regulation to the existing labelling requirement.

Schedule 1[5] inserts a new mandatory labelling requirement for elastic luggage straps from 1 June 2001 until 30 November 2004. The labelling requirement provides for the permanent attachment of a clearly displayed warning label in safety colours. It also prescribes the size and words to be used upon the labels.


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