Does not include amendments by:
Fair Trading Amendment (Magnetic Toys) Regulation 2009 (531) (LW 13.11.2009) (not commenced — to commence on 1.3.2010)
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Fair Trading Regulation 2007 [2007-413]  Status Information Currency of version Provisions in force Does not include amendments by: Staged repeal status Authorisation:
This version of the legislation is compiled and maintained in
a database of legislation by the Parliamentary Counsel's Office
and published on the NSW legislation website, and is certified
as the form of that legislation that is correct under section
45C of the Interpretation Act 1987. Contents Part 1 Preliminary 1 Name of Regulation 2 Commencement 3 Definition 4 Compliance with specification Part 2 Product safety standards Division 1 Preliminary 5 Product safety standards 6 Exceptions Division 2 Swimming pools: outlets 7 Definitions 8 Safety standard Division 3 Spas: outlets 9 Definitions 10 Safety standard 11 Requirements for lids for potty skimmers 12 Requirements for outlets other than potty skimmers 13 Single blockage test for potty skimmers 14 Total blockage test for potty skimmers Division 4 Sunglasses and fashion spectacles 15 Definitions 16 Safety standard 17 Variation of AS/NZS 1067:2003 Division 4A Treadmills 17A Definition 17B Safety standard Division 5 Pedal bicycles 18 Definitions 19 Safety standard 20 Variation of AS/NZS 1927 Division 6 Protective helmets for pedal cyclists 21 Definitions 22 Safety standard 23 Exceptions 24 Variation of AS/NZS 2063 25 Variation of Snell standard Division 7 Protective helmets for motor cyclists 26 Definitions 27 Safety standard 28 Variation of AS 1698 Division 7A Monkey bikes 28A Definitions 28B Safety standard Division 8 Children’s toys 29 Definitions 30 Safety standard 31 Variation of AS/NZS ISO 8124 Division 9 Flotation toys and swimming aids 32 Definitions 33 Safety standard 34 Variation of AS 1900 Division 10 Children’s nightwear and paper patterns for children’s nightwear 35 Definitions 36 Safety standard for children’s nightwear 37 Safety standard for paper patterns for children’s nightwear 38 Variation of AS/NZS 1249:1999 and AS/NZS 1249:2003 39 Variation of ISO 6941 Division 11 Child restraints 40 Definitions 41 Safety standard 42 Variation of AS/NZS 1754:1995 43 Variation of AS/NZS 1754:2000 43A Variation of AS/NZS 1754:2004 Division 12 Bean bags 44 Definitions 45 Safety standard Division 13 Elastic luggage straps 46 Definition 47 Safety standard Division 14 Projectile toys 48 Definitions 49 Safety standard 50 Variation of AS/NZS ISO 8124 Division 15 Baby walkers 51 Definition 52 Safety standard Division 15A Prams and strollers 52A Definitions 52B Safety standard 52C Variation of AS/NZS 2088 Division 16 Disposable cigarette lighters Subdivision 1 Preliminary 53 Definitions 54 Meaning of “lighter” and types of lighters 55 Safety standard Subdivision 2 Flame testing, structural safety and labelling 56 Application of this Subdivision 57 Testing procedures 58 Ignition and adjustment of flame 59 Abnormal burning 60 Flame height 61 Flame extinction 62 Structural safety 63 Labelling Subdivision 3 Child resistance 64 Application of this Subdivision 65 Child resistance 66 Certification Subdivision 4 Indexation 67 Definitions 68 Indexed amount Table Test procedures for lighters Division 16A Babies’ dummies 68A Definitions 68B Safety standard 68C Variation of AS 2432 Division 17 Children’s household cots 69 Definitions 70 Safety standard 71 Variation of AS/NZS 2172 Division 17A Children’s portable folding cots 71A Definition 71B Safety standard 71C Variation of AS/NZS 2195 Division 18 Laser pointers 72 Definitions 73 Safety standard 74 Testing of laser pointers 75 Production of reports Division 19 Corded internal window coverings 76 Definitions 77 Safety standard 78 Label and tags Division 20 Moveable soccer goals 79 Definition 80 Safety standard 81 Exceptions 82 Testing of moveable soccer goals Division 21 Basketball rings and basketball backboards 83 Definitions 84 Warning and symbol to accompany supply of basketball rings and basketball backboards 85 Permanent warning on basketball backboard Division 22 Hot water bottles Subdivision 1 Preliminary 86 Definitions 87 Safety standard Subdivision 2 Physical properties 87A Capacity and thickness—rubber hot water bottles 87B Capacity and thickness—PVC hot water bottles 87C Filling characteristics Subdivision 3 Stoppers 87D General 87E Test for separation of screw stopper Subdivision 4 Performance 87F Leakage 87G Strength of seams 87H Pressure test Subdivision 5 Informative labelling 87I General Table Test procedures and labelling Part 3 Product information standards Division 1 Preliminary 88 Information standards Division 2 Fibre content labelling of textile products 89 Definitions 90 Product information standard 91 Form of information Division 3 Care labelling of certain goods 92 Definition 93 Application of Division 94 Product information standard 95 Variation of product information standards 96 Form of information for prescribed goods 97 Care instructions for goods unable to be washed or dry-cleaned Division 4 Petrol price signs 98 Definitions 99 Product information standard 100 Planning restriction not affected Part 4 Other information standards Division 1 Employment placement services 101 Information standard for employment placement services Division 2 Funeral goods and services 101A Information standard for funeral goods and services 101B Application of Division 101C Definitions 101D Information to prospective consumers 101E Information on final account 101F Transitional provision Part 5 Penalty notice offences 102 Penalty notice offences: section 64 Part 6 Direct commerce provisions 103 Notice of cancellation of direct commerce contract 104 Exclusion of certain contracts from direct commerce provisions 105 Partial exclusion of certain contracts from direct commerce provisions 106 Special provisions relating to contracts for classified advertising 107 Requirement to refund fees collected during cooling-off period for unused services Part 7 Industry code for motor vehicle insurers and repairers 108 Declaration of industry code of conduct in relation to motor vehicle insurers and repairers 109 Savings and transitional provisions Part 8 Miscellaneous 110 Delegation by Director-General 111 Savings Schedule 1 Penalty notice offences Historical notes
This Regulation is the Fair Trading Regulation 2007.Note. This Regulation replaces the Fair Trading (General) Regulation 2002 which is repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation commences on 1 September 2007. (1) In this Regulation: 4 Compliance with specification For the purposes of this Regulation, goods do not fail to comply with a standard referred to in a Division relating to those goods merely because they do not comply with a provision of the standard:(a) that is expressed to be a recommendation, or(b) in relation to which the word “should” or “preferably” is used to indicate that the provision is of an advisory nature only. Part 2 Product safety standards The standards set out in the other Divisions of this Part are prescribed under section 26 of the Act as product safety standards for the goods to which those Divisions apply.Note. The consequences of failing to comply with a product safety standard are set out in section 27 of the Act. The product safety standards prescribed by this Regulation do not apply to the supply of goods in the following circumstances:(a) if the goods are supplied as scrap, that is, for the value of the materials of which the goods are composed and not for use as finished articles,(b) in the case of goods supplied under a credit sale contract (within the meaning of the Credit Act 1984) or a credit contract (within the meaning of the Consumer Credit (New South Wales) Code) or under any agreement for the purchase of goods by instalments (such as a hire-purchase agreement), if the supplier has at no time had possession of the goods and only became the owner of the goods at or after the time of entering into the contract or agreement,(c) in the case of goods that are damaged, if the goods are supplied to a person who carries on a business of buying damaged goods and repairing or reconditioning them for resale, or to a person by whom the goods were insured against damage,(d) in the case of goods that are let on hire, or that are supplied to another person for the purpose of being let on hire by the other person, if the letting is incidental to the letting of premises or if the letting was lawful at the time when it began. Division 2 Swimming pools: outlets In this Division: The product safety standard prescribed for swimming pools having outlets in the form of potty skimmers is that each such outlet must comply with Clause 4.2 of AS 1926.3. In this Division: The product safety standard prescribed for spas having outlets in the form of potty skimmers is that the spas are constructed so that:(a) each pump is connected to at least 2 outlets from the spa by means of a common line, and(b) the pipes of all outlets connected to the common line have the same diameter, and(c) at least 2 outlets on the common line function at the same time (except when the spa is being cleaned), and(d) each outlet connected to the common line is at least 600 millimetres distant from every other outlet connected to that line, and(e) each potty skimmer:(i) is fitted with a lid complying with clause 11, and(ii) passes the single blockage and total blockage tests set out in clauses 13 and 14, and(f) each outlet other than a potty skimmer:(i) is fitted with a protective cover that can be removed only with the use of a tool, and(ii) complies with clause 12. 11 Requirements for lids for potty skimmers (1) A lid for a potty skimmer must carry the following warning: 12 Requirements for outlets other than potty skimmers An outlet other than a potty skimmer (whether surface mounted or not):(a) must pass the Hair Entrapment Test set out in Clauses 5.1–5.3 of ANSI A112 (in which an outlet is referred to as a “suction fitting”), or(b) must comply with Clause 5.1 (a) of AS 1926.3. 13 Single blockage test for potty skimmers (1) The single blockage test for a potty skimmer is to be conducted as follows:(a) the potty skimmer lid, and any other safety features of the potty skimmer that can be removed without the use of a tool or excessive force, are to be removed,(b) the spa is to be operating with other normal safety features (such as cut-out switches, if supplied, and protective covers on outlets other than potty skimmers) functioning or in place,(c) after the spa has been operating for at least one minute, the potty skimmer is to be blocked.(2) Suction in the blocked potty skimmer is to be measured for at least 15 seconds after the blockage.(3) The suction must not exceed 12 kilopascals. 14 Total blockage test for potty skimmers (1) The total blockage test for a potty skimmer is to be conducted as follows:(a) the potty skimmer lid, and any other safety features of the potty skimmer that can be removed without the use of a tool or excessive force, are to be removed,(b) the spa is to be operating with other normal safety features (such as cut-out switches, if supplied, and protective covers on outlets other than potty skimmers) functioning or in place,(c) after the spa has been operating for at least one minute, all outlets are to be blocked simultaneously, with outlets other than surface mounted outlets being sealed.(2) Suction in the blocked potty skimmer is to be measured for at least 15 seconds, beginning one second after blockage.(3) The suction must not exceed 1 kilopascal. Division 4 Sunglasses and fashion spectacles In this Division: The product safety standard prescribed for sunglasses and fashion spectacles is that they must comply with AS/NZS 1067:2003. 17 Variation of AS/NZS 1067:2003 For the purposes of this Division, AS/NZS 1067:2003 is taken to have been amended as follows:(a) by omitting Clauses 1.1 and 1.2,(b) by inserting at the end of Clause 2.6: In this Division: (1) The product safety standard prescribed for a treadmill is that it must have a label permanently attached to it, in a conspicuous position, showing the following warning: In this Division: The product safety standard prescribed for pedal bicycles is that they must comply with AS/NZS 1927. For the purposes of this Division, AS/NZS 1927 is taken to have been amended as follows:(a) by omitting Clause 1.2,(b) by omitting from Clause 1.3 the words “New Zealand Traffic Regulations 1976”,(c) by omitting from Clause 1.5 (a) the words “or New Zealand”,(d) by omitting Clause 2.15.1,(e) by omitting from Clause 2.16 the words “NOTE: There is no regulatory requirement in New Zealand for a warning device to be fitted to a bicycle.”,(f) by omitting Clause 2.17.1. Division 6 Protective helmets for pedal cyclists In this Division: The product safety standard prescribed for protective helmets for pedal cyclists is that they must comply with:(a) AS/NZS 2063, or(b) the Snell standard. (1) This Division does not apply to the following helmets:(a) helmets that are of a size too small to be fitted to Headform A (as specified in Table 2 in AS/NZS 2512.1),(b) helmets that are designed and constructed principally for use by cyclists engaged in competitive racing and that are marked in accordance with subclause (2),(c) helmets that are designed and constructed principally for use as toys and that are marked in accordance with subclause (3), or that are not so marked but are unlikely to be mistaken for helmets providing significant protection against impact.(2) In the case of a helmet of the kind referred to in subclause (1) (b), the words “WARNING: racing headgear only—inadequate impact protection for normal road use” must be marked clearly and legibly in a conspicuous position:(a) on the helmet or on a label attached to the helmet, and(b) on a principal outer display face of any packaging in which the helmet is supplied,with the word “WARNING” in upper case letters at least 5 millimetres high and the remaining words in letters at least 2.5 millimetres high.(3) In the case of a helmet of the kind first referred to in subclause (1) (c), the words “WARNING: toy helmet only—do not use as safety headgear” must be marked clearly and legibly in a conspicuous position:(a) on the helmet or on a label attached to the helmet, and(b) on a principal outer display face of any packaging in which the helmet is supplied,with the word “WARNING” in upper case letters at least 5 millimetres high and the remaining words in letters at least 2.5 millimetres high. For the purposes of this Division, AS/NZS 2063 is taken to have been amended as follows:(a) by omitting Clause 1,(b) by inserting after Clause 5.6 the following:Helmets designed and constructed principally for use by cyclists engaged in BMX competition racing need not comply with provisions regarding ventilation openings or type testing.(c) by omitting Clause 8.1 (e). 25 Variation of Snell standard A person is not required to comply with a provision of the Snell standard that requires the person to obtain third party certification of a helmet. Division 7 Protective helmets for motor cyclists In this Division: The product safety standard prescribed for protective helmets for use by motor cyclists is that they must comply with AS 1698. For the purposes of this Division, AS 1698 is taken to have been amended as follows:(a) by omitting from Clause 4.4 the matter “AS 1609” and by inserting instead the matter “AS 1609—1981”,(b) by omitting Clause 8 (g). In this Division: The product safety standard prescribed for a monkey bike is that:(a) the monkey bike must have a self-closing, hand operated throttle that:(i) returns in a clockwise direction to allow the monkey bike’s motor to idle when a person riding the monkey bike releases the person’s grip on the throttle, and(ii) is mounted on the right handlebar of the monkey bike, and(b) the monkey bike must have a braking system that:(i) is capable of acting on the front and rear wheels of the monkey bike, and(ii) automatically distributes the braking effort applied by a person riding the monkey bike to the braking system’s control lever equally onto each brake lining without the need for an adjuster at the brake calliper, and(iii) unless the monkey bike is fitted with a drum-type braking system—incorporates a floating or sliding type brake calliper that compensates for any increased movement of its components arising from wear, and(c) the monkey bike must have 2 foot pegs, each capable of holding a static load of:(i) the maximum carrying capacity recommended by the manufacturer of the monkey bike, or(ii) if a maximum carrying capacity is not recommended by the manufacturer—70 kilograms, and(d) the steering head system for the monkey bike:(i) must not exhibit free play, and(ii) must move freely under its own weight from right lock to left lock when the front wheel of the monkey bike is raised off the ground, and(e) the monkey bike must have a functioning, thumb operated device on the right or left handlebar that is:(i) capable of stopping the motor, and(ii) clearly visible to a person riding the monkey bike. In this Division: The product safety standard prescribed for children’s toys is that they must comply with AS/NZS ISO 8124. 31 Variation of AS/NZS ISO 8124 For the purposes of this Division, AS/NZS ISO 8124 is taken to have been amended as follows:(a) by omitting clauses 1 and 2,(b) by omitting from clause 3.21 the words “or damage to property or the environment”,(c) by omitting clauses 3.52 and 4.3,(d) by omitting from clause 4.4.1 the word “intended” where firstly occurring,(e) by omitting clause 4.4.2,(f) by omitting from clause 4.5.1 the word “intended” where firstly occurring,(g) by omitting from paragraph (a) of clause 4.5.2 the word “intended”,(h) by omitting paragraph (b) of clause 4.5.2,(i) by omitting from clause 4.5.3 the word “intended”,(j) by omitting from clause 4.5.4 the word “intended”,(k) by omitting from clause 4.5.5 the word “intended”,(l) by omitting the note to clause 4.5.5,(m) by omitting clauses 4.5.6–4.24, 4.25 (d), 4.26 and 4.27,(n) by omitting from clause 5.1 the matter “36 months and” and by inserting instead the matter “36 months.”,(o) by omitting from clause 5.1 the following matter:• from 37 months up to and including 96 months of age.(p) by omitting from clause 5.1 the words “intended or appropriate for children up to and including 96 months” and by inserting instead the words “appropriate for children up to and including 36 months”,(q) by omitting from clause 5.1 the words “Toys reasonably intended to be assembled by an adult and not intended to be taken apart by a child shall be tested only in the assembled state if the packaging and the assembly instructions prominently indicate that the article is to be assembled only by an adult.”,(r) by omitting from the heading to clause 5.2 the matter “4.3.2, 4.4, 4.18.2” and by inserting instead the matter “4.4”,(s) by omitting from clause 5.2 the words “any orientation” and by inserting instead the words “all possible orientations”,(t) by omitting clauses 5.7–5.19, 5.21 and 5.22,(u) by omitting from clause 5.23 the word “intended”,(v) by omitting note 1 to clause 5.23,(w) by omitting from clause 5.24.1 the words “Unless otherwise stated, these tests are only applicable for toys intended for children up to and including 96 months.”,(x) by omitting from Table 4 to clause 5.24.2 the matter “96” and by inserting instead the matter “36”,(y) by omitting clause 5.24.4,(z) by omitting from clause 5.24.6.2 the word “beanbags” and by inserting instead the words “beanbag-type toys (ie a toy that contains plastic pellets, beads, polystyrene balls or similar materials)”,(aa) by omitting clause 5.24.6.4,(ab) by omitting from clause 5.24.7 the words “according to the age group for which the toy is intended”,(ac) by omitting from Table 5 to clause 5.24.7 the row applying to the age category of 37 months up to and including 96 months,(ad) by omitting from clause 5.24.7 the words “required force” and by inserting instead the words “force in Table 5”,(ae) by omitting clause 5.24.8,(af) by omitting Annex A.1, A.2.1 and A.2.2,(ag) by omitting from Annex A.2.3 the words “The batteries shall not be accessible when tested according to 5.7 (accessibility of a part or component).”,(ah) by omitting Annex A.2.4–A.2.10,(ai) by omitting from Annex B.1 the matter “[12]” and by inserting instead the words “the publication issued by the United States Consumer Product Safety Commission (CPSC) Age Determination Guidelines: Relating Children’s Ages To Toy Characteristics and Play Behavior”,(aj) by omitting from Annex B.4.1 the words “Age grades are indicators of average development, which does not necessarily reflect suitability for the exceptional child. A parent remains the best judge of whether the child is at the appropriate development stage for safe play with a particular toy.”,(ak) by omitting Annexes B.4.4, C and D,(al) by omitting Annex F, the Bibliography and Appendix ZZ. Division 9 Flotation toys and swimming aids In this Division: The product safety standard prescribed for children’s flotation toys and swimming aids is that they must comply with AS 1900. For the purposes of this Division, AS 1900 is taken to have been amended by omitting Clause 1.1. Division 10 Children’s nightwear and paper patterns for children’s nightwear In this Division: 36 Safety standard for children’s nightwear (1) Up to and including 29 February 2008, the product safety standard prescribed for children’s nightwear is that it must comply with AS/NZS 1249:1999 or AS/NZS 1249:2003.(2) From 1 March 2008, the product safety standard prescribed for children’s nightwear is that it must comply with AS/NZS 1249:2003. 37 Safety standard for paper patterns for children’s nightwear (1) Up to and including 29 February 2008, the product safety standard prescribed for paper patterns for children’s nightwear is that they must comply with:(a) Clauses 0.2 and 5.6 of AS/NZS 1249:1999, or(b) Clauses 0.2 and 5.6 of AS/NZS 1249:2003.(2) From 1 March 2008, the product safety standard prescribed for paper patterns for children’s nightwear is that they must comply with Clauses 0.2 and 5.6 of AS/NZS 1249:2003.(3) The definitions in Clause 0.5.2, 0.5.3, 0.5.6 and 0.5.10 of AS/NZS 1249:1999 and AS/NZS 1249:2003 apply for the purposes of this clause. 38 Variation of AS/NZS 1249:1999 and AS/NZS 1249:2003 (1) For the purposes of clause 36, AS/NZS 1249:1999 is taken to have been amended as follows:(a) by omitting the second sentence from Clause 0.1,(b) by omitting Clause 1.2 (a) and the Note to that paragraph and by inserting instead the following paragraph and Note:(a) Flame spread time When tested in accordance with ISO 6941 the flame spread time must be 12 s or greater in the lengthwise direction and the widthwise direction, and no one determination of the time to burn a test specimen must be less than 10 s in either the lengthwise direction or the widthwise direction. These requirements must be met before and after washing in accordance with Appendix D. ISO 6941 is taken to have been amended as follows:(a) by omitting the words “test another set of three specimens for that direction or face” from Clause 8.8 wherever occurring and by inserting instead “test another specimen for that direction or face”,(b) by omitting Clause 10 k) 4) and by inserting instead the following:4) if only four specimens are tested, determine the mean from all the results that burn to the respective marker threads. Report the number of specimens that failed to burn to the marker. In this Division: The product safety standard for a child restraint is that it must comply with:(a) AS/NZS 1754:1995, or(b) AS/NZS 1754:2000, or(c) AS/NZS 1754:2004. 42 Variation of AS/NZS 1754:1995 (1) For the purposes of this Division, AS/NZS 1754:1995 is taken to be amended as follows:(a) by omitting “passenger cars and their derivatives” from clause 1.1 and inserting instead “motor vehicles”,(b) by omitting the second sentence from clause 1.1,(c) by omitting clauses 2.4, 2.5, 2.6, 3.12, 5.2.2 (b) and 6.3 (h).(2) A cross-reference in the amended standard to a provision that is omitted by subclause (1) may be disregarded (to the extent that it relates to the omitted provision). 43 Variation of AS/NZS 1754:2000 (1) For the purposes of this Division, AS/NZS 1754:2000 is taken to be amended as follows:(a) by omitting “passenger cars and their derivatives” from clause 1.1 and inserting instead “motor vehicles”,(b) by omitting the second sentence from clause 1.1,(c) by omitting clauses 2.4, 2.5, 2.6, 3.12, 5.2.2 (b) and 6.3 (h).(2) A cross-reference in the amended standard to a provision that is omitted by subclause (1) may be disregarded (to the extent that it relates to the omitted provision). 43A Variation of AS/NZS 1754:2004 (1) For the purposes of this Division, AS/NZS 1754:2004 is taken to be amended as follows:(a) by omitting “passenger cars and their derivatives” from clause 1.1 and inserting instead “motor vehicles”,(b) by omitting the second sentence from clause 1.1,(c) by omitting clauses 2.4, 2.5, 2.6, 3.12, 5.2.2 (b) and 6.3 (h).(2) A cross-reference in the amended standard to a provision that is omitted by subclause (1) may be disregarded (to the extent that it relates to the omitted provision). (1) In this Division: (1) The product safety standard prescribed for a bean bag or a bean bag cover is that:(a) it must bear a label that:(i) is secured to the bag or cover in such a manner that the label will, despite normal handling, remain fixed to the bag or cover, and(ii) contains the following warning: Division 13 Elastic luggage straps In this Division: (1) The product safety standard prescribed for elastic luggage straps is that they must have a label permanently affixed to them bearing the following warning: In this Division: (1) The product safety standard prescribed for projectile toys with stored energy is that they must comply with the requirements of clause 4.18.2 of AS/NZS ISO 8124.(2) The product safety standard prescribed for projectile toys without stored energy is that they must comply with the requirements of clause 4.18.3 of AS/NZS ISO 8124. 50 Variation of AS/NZS ISO 8124 For the purposes of this Division, AS/NZS ISO 8124 is taken to be amended as follows:(a) by omitting clause 4.18.2 (a) (3),(b) by omitting clause 4.18.2 (b),(c) by omitting clause 4.18.2 (c) and by inserting instead:(c) The discharge mechanism of the toy must not, without modification by the user, be able to discharge an improvised projectile so that it propels the projectile in free flight for a horizontal distance that exceeds 300mm when discharged at a vertical height of 300mm.(d) by omitting clause 4.18.3 (e). In this Division: The product safety standard prescribed for baby walkers is that they must comply with Sections 6.1, 6.4 and 9.3 of F 977–00. Division 15A Prams and strollers In this Division: The product safety standard prescribed for a pram or stroller is that they must comply with AS/NZS 2088. For the purposes of this Division, AS/NZS 2088 is taken to have been amended as follows:(a) by omitting from clause 1 “This standard specifies materials, construction, performance and labelling requirements for prams and strollers, and includes a dimensional requirement for the depth of a pram.” and by inserting instead “This Standard specifies safety requirements for prams and strollers.”,(b) by omitting clauses 2, 3, 5, 6, 7.1–7.5, 7.7, 7.8.1.1 (b)–(d), 7.8.1.2, 7.9, 8.1–8.4, 8.6.1, 8.8–8.10, 9 and 10,(c) by omitting from clause 7.6 “(See Note to clause 7.5.)”,(d) by inserting at the end of clause 7.6 the following: Division 16 Disposable cigarette lighters In this Division: 54 Meaning of “lighter” and types of lighters (1) A lighter is a flame producing device that:(a) is designed to light cigarettes, cigars and pipes, and(b) is an eligible device.(2) For the purposes of subclause (1), 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), orNote. An example of paragraph (c) is a device that plays musical notes or displays flashing lights.(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.Note. Examples of paragraph (d) include a beverage, cartoon character, food, gun, musical instrument, toy, toy animal, watch or vehicle.(3) For the purposes of subclause (1), 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.(4) A disposable lighter is a lighter that is an eligible device referred to in subclause (2) (a) or (b).(5) A novelty lighter is a lighter that is an eligible device referred to in subclause (2) (c) or (d).(6) A refillable lighter is a lighter that is an eligible device referred to in subclause (3).(7) For the purposes of subclause (3): The product safety standard prescribed for lighters is that they must comply with the requirements of this Division. Subdivision 2 Flame testing, structural safety and labelling 56 Application of this Subdivision This Subdivision does not apply to a lighter that:(a) is a novelty lighter, and(b) is not a disposable lighter or a refillable lighter. When a lighter is tested in accordance with the procedures described in Part 2, 3, 4, 5 or 6 of the Table, the test must be performed in accordance with the procedures described in Part 1 of the Table. 58 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. A lighter, after being tested in accordance with Parts 4–6 of the Table, must not, when tested in accordance with Parts 2 and 3 of the Table, spit or sputter or produce an abnormal or unsafe flame. (1) A lighter must comply with subclause (2) when tested in accordance with Part 2 of the Table:(a) after being tested in accordance with Part 4 or 5 of the Table, or(b) after being tested in accordance with Parts 4 and 5 of the Table.(2) For the purposes of subclause (1), the height of the flame produced by a lighter must not exceed:(a) in the case of a non-adjustable lighter, 50 millimetres, and(b) in the case of an adjustable lighter:(i) where the lighter is adjusted to produce the maximum flame height, 150 millimetres, and(ii) where the lighter is adjusted to produce the minimum flame height, 100 millimetres.(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 millimetres in height. (1) A lighter must comply with subclause (2) after being tested in accordance with the procedures described in Parts 3–5 of the Table.(2) For the purposes of subclause (1), where:(a) a non-adjustable lighter produces a flame for 10 seconds, or(b) an adjustable lighter:the flame produced must extinguish after cessation of the action sustaining the flame within two seconds if the lighter has no flameguard or four seconds if it has a flameguard.(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, (1) A lighter must have no sharp external edges.(2) A lighter, when tested in accordance with Part 3, 4 or 5 of the Table, must not be damaged so as to affect its safe operation.(3) A lighter, when tested in accordance with Part 4 of the Table, must not spontaneously ignite.(4) The internal pressure of the fuel reservoir of a lighter when tested in accordance with Part 6 of the Table must not suddenly decrease. (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 subclause (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 upper case letters and adjacent to the words that must be displayed under subparagraphs (ii)–(ix),(ii) “KEEP AWAY FROM CHILDREN” or “KEEP OUT OF REACH OF CHILDREN” in upper case 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. Subdivision 3 Child resistance 64 Application of this Subdivision This Subdivision applies only 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. (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 per cent 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 per cent 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. A certificate of compliance, within the meaning of the American Standard, must have been issued for the lighter in accordance with that Standard. In this Division: (1) The indexed amount is the amount worked out in accordance with the formula: Table Test procedures for lighters Part 1 General test procedures (1) The lighter must be maintained at a temperature of 23±2 degrees Celsius for at least 10 hours immediately preceding testing in accordance with Parts 2–4 of this Table.(2) The area in which tests are carried out must be maintained at a temperature of 23±2 degrees Celsius during testing in accordance with Parts 2, 4 and 5 of this Table.(3) The lighter to be tested must be new, free of mechanical damage and must not (except where required by this Division) have been previously tested. Part 2 Flame height test procedures (1) The test must be carried out inside a draught-free chamber constructed from suitable non-flammable material. The flame height must be measured to the nearest 10 millimetres.(2) 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.(3) 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 millimetres behind the lighter and marked with 10 millimetre increments. Part 3 Inversion test procedures
(1) The lighter must be allowed to fall three times onto a concrete surface from a point 1.5 metres above it, from the following positions:(a) firstly, an upright position,(b) secondly, an inverted position,(c) thirdly, a horizontal position.(2) The lighter must be inspected after every fall and any spontaneous ignition or damage must be recorded. Part 5 Temperature test procedures (1) An oven capable of withstanding the explosion of a lighter when being tested and of maintaining a temperature of 54±2 degrees Celsius must be used in the test.(2) The lighter must be placed in the oven for four hours during which time the oven temperature must be maintained at 54±2 degrees Celsius.(3) The lighter when removed from the oven must, when cool, be tested in accordance with Part 3 of this Table. Part 6 Pressure test procedure (1) The test apparatus must consist of a device capable of producing gauge pressure of 2 (MPa).(2) The lighter must be emptied of fuel.(3) The fuel reservoir of the lighter must be subjected to an internal pressure equal to twice the vapour pressure at 54 degrees Celsius of the fuel normally used in the lighter. The pressure rise must not exceed a rate of 69 kPa per second. In this Division: The product safety standard prescribed for a baby’s dummy is that it must comply with AS 2432. For the purposes of this Division, AS 2432 is taken to have been amended as follows:(a) by omitting clauses 3 and 5,(b) by omitting “Clauses 6.2 and 6.3” from clause 6.1 and inserting instead “Clause 6.2”,(c) by omitting clause 6.3,(d) by omitting clause 6.4.2 (a),(e) by omitting “25 mm” from clause 6.4.2 (c) (iii) and inserting instead “15 mm”,(f) by omitting “25 mm” from the note following clause 6.4.2 (d) (ii), wherever occurring, and inserting instead “15 mm”,(g) by omitting the notes to clause 6.4.3,(h) by omitting clauses 7.2–7.4,(i) by omitting clause 9.1 and inserting instead:The pack shall be legibly labelled with the name and address of the Australian manufacturer or Australian distributor.(j) by omitting clause 9.3 and inserting instead:The pack shall bear a clear and legible warning notice which shall include the following word or words that have the same meaning: Division 17 Children’s household cots In this Division: (1) The product safety standard prescribed for:(a) new children’s household cots is that they must comply with Clauses 5, 6, 9, 11 and 12 of AS/NZS 2172, and(b) second-hand children’s household cots is that they must comply with Clauses 5, 6, and 9 of AS/NZS 2172.(2) The definitions in Clause 3 of AS/NZS 2172 apply for the purposes of this clause.(3) Subclause (1) does not apply in respect of a household cot that is an antique or collectable cot, but only if the antique or collectable cot:(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 warning statements (one external, one internal) permanently attached to the cot in the form of a metal plaque glued or affixed by nails or screws to the upper half of the side or end of the cot and containing the following warning in the form required by subclause (4): (1) For the purposes of clause 70 (1) (a), AS/NZS 2172 is taken to be amended as follows:(a) by omitting Clauses 6.1 (f) and 9.2 (c),(b) by omitting Clause 6.1 (g) and by inserting instead:(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) by inserting the following Paragraph at the end of Clause 6.3 before the Note: Division 17A Children’s portable folding cots In this Division: The product safety standard prescribed for children’s portable folding cots is that they must comply with AS/NZS 2195. For the purposes of this Division, AS/NZS 2195 is taken to have been amended as follows:(a) by omitting the second paragraph from the Foreword,(b) by omitting from clause 1 all matter after the first sentence,(c) by omitting clauses 2, 3, 5 and 6,(d) by omitting clause 7 and by inserting instead:The cot mattress and components within the cot must not be of inflatable construction.(e) by omitting the note to clause 8.1 (b),(f) by omitting from clause 8.1 (d) the words “on warning labels specified in Clauses 12.1(i), 12.2 and 13.2(b) (measured horizontally)”,(g) by omitting note 2 to clause 8.1,(h) by omitting the note to clause 8.3 (a),(i) by omitting clause 8.3 (b),(j) by omitting the note to clause 8.3 (c),(k) by omitting “distinct locking position” from clause 8.4.1 and by inserting instead “clearly distinct locked position”,(l) by omitting clause 8.4.2 and Figure 1,(m) by omitting “before and after being tested in accordance with Appendix G” from clause 8.4.3 (e),(n) by omitting the note to clause 8.4.3,(o) by omitting clauses 8.5–8.7,(p) by omitting clause 9,(q) by omitting clause 10.1 and by inserting instead:The applicable tests specified in Clauses 10.2, 10.5, 10.13 and 10.14 must be performed on the same folding cot assembled in accordance with the manufacturer’s instructions and without any accessories fitted.(r) by omitting clause 10.2, including Figure 2, and by inserting instead:The folding cot must be tested in accordance with Appendix A using the 95 mm probe. All gaps accessible within the folding cot must not allow the 95 mm probe to pass through.(s) by omitting clauses 10.3, 10.4, 10.6–10.12, 10.15 and 10.16,(t) by omitting “500 mm” from clause 10.13 (c) and by inserting instead “400 mm”,(u) by omitting clauses 11 and 12,(v) by omitting clauses 13.1 and 13.2 and by inserting instead:The folding cot must be permanently, prominently and legibly marked on the inside with at least the following:(a) instructions for assembly and locking procedures,(b) a warning to check before each use that the cot is correctly assembled and locking devices are engaged,(c) either a warning to use a mattress of specified dimensions or a warning to use the mattress supplied by the manufacturer,(d) a warning not to add an extra mattress as this may cause suffocation.(w) by omitting clauses 13.3 and 13.4,(x) by omitting “finger, limb and” from clause A1 of Appendix A,(y) by omitting “A series of probes are” from clause A2 of Appendix A and by inserting instead “A probe is”,(z) by omitting “the probes” from clause A2 of Appendix and by inserting instead “the probe”,(aa) by omitting notes 1 and 2 to clause A2 of Appendix A,(ab) by omitting clause A3 of Appendix A and by inserting instead:The following apparatus is required:(a) a spherical probe made of a suitable rigid material having a diameter of 95 ± 0.5 mm. The probe may be mounted on a rod of a diameter not greater than 15 mm for the purpose of applying the specified force,(b) a means of applying a force of 50 ± 5 N.(ac) by omitting clause A4 (e)–(o) of Appendix A,(ad) by omitting clause A5 (b)–(d) of Appendix A,(ae) by omitting Appendices B, D–J, M and N. In this Division: The product safety standard prescribed for laser pointers is that they must be a Class 1 laser product or a Class 2 laser product. A person who, in trade or commerce, supplies a laser pointer must hold a test report issued by a laboratory indicating:(a) that the laser pointer has been tested, or is part of a batch from which samples have been tested, by the laboratory, and(b) the method used to carry out the test and the results of the test, and(c) that the results of the test show that each laser pointer tested is a Class 1 laser product or Class 2 laser product. A person who, in trade or commerce, supplies laser pointers must, on request, make available for inspection by an investigator any report required under clause 74. Division 19 Corded internal window coverings In this Division: (1) The product safety standard prescribed for a corded internal window covering is that:(a) it must be designed so that any exposed looped cord, looped bead chain or other flexible looped device does not extend to within 1600mm above the base of the covering when the covering is in its lowered position, and(b) it must carry the label and tags required by clause 78, and(c) it must be accompanied by written information that:(i) explains how to install the covering, and(ii) explains how to install any safety device the covering has and how the device is designed to function, and(iii) repeats the warning referred to in clause 78 (1) (b).(2) Subclause (1) (a) does not apply in relation to an exposed looped cord, looped bead chain or other flexible looped device:(a) that is incapable of forming a loop with a circumference of greater than 300mm (for example, because the covering includes an effective means by which the exposed looped cord, looped bead chain or other flexible looped device can be secured or retracted), or(b) that has a cord release device:(i) that passes the release test for such devices set out in Appendix A of ANSI A100, and(ii) that, in the case of a device that is intended to entirely detach from the covering when it releases its loop, does not, when tested in accordance with clause 5.2 (Small parts test) of AS/NZS ISO 8124, fit entirely into the small parts cylinder referred to in that clause (whatever the device’s orientation), or(c) that has a tension device that complies with the requirements of clause 6.5.4 of ANSI A100.(3) Subclause 1 (c) does not apply to a corded internal window covering that is custom made for installation by a person in the business of installing internal window coverings. (1) The required label and tags referred to in clause 77 (1) (b) are as follows:(a) a warning label that complies with the requirements of clause 5.1.1 of ANSI A100, or that complies with those requirements (including that for a pictogram) except that it substitutes the words of warning in that clause with the following: Division 20 Moveable soccer goals In this Division: (1) The product safety standard prescribed for moveable soccer goals is that they must comply with the requirements of subclause (2).(2) A moveable soccer goal, when set up in accordance with the manufacturer’s instructions on a flat level surface without pegs, stakes or other forms of temporary anchoring device:(a) must not fall over, or fail to return to an upright position, when subjected to a horizontal pull force of 2,000 newtons to the centre of the crossbar for no less than 60 and no more than 70 seconds, and(b) must have all exposed corners and edges rounded with a radius of no less than 3 millimetres, and(c) must have permanently marked clearly and legibly in a conspicuous position on the crossbar or an upright post:(i) the name or trademark of the manufacturer, retailer or importer of the moveable soccer goal, and(ii) the words “WARNING—ALWAYS ANCHOR GOAL—NEVER CLIMB OR HANG ON CROSSBAR. Unanchored goals can tip over causing serious injury or death.” with upper case letters at least 25 millimetres high and lower case letters at least 12.5 millimetres high, and(d) if part of the structure of the moveable soccer goal joins the base of an upright post and runs along the ground (a ground frame), the moveable soccer goal must not have any gap greater than 5 millimetres at the point where the ground frame joins the upright post, and no part of the ground frame must extend past the front or sides of the upright post. This Division (other than clause 82 (d)) does not apply to a moveable soccer goal:(a) that weighs less than 28±0.25 kilograms, when weighed with all attachments (other than pegs, stakes or other forms of temporary anchoring device) using a commercially available scale, or(b) that is designed for indoor use only. 82 Testing of moveable soccer goals A person who, in trade or commerce, supplies a moveable soccer goal:(a) must hold a test report issued no more than 12 months before the supply, indicating:(i) that the particular moveable soccer goal has been tested, and(ii) the method used to carry out the test and the results of the test, and(iii) that the results of the test show that the moveable soccer goal complies with the product safety standard prescribed for moveable soccer goals, and(b) must supply a copy of the test report with the moveable soccer goal, and(c) must, on request, make available for inspection by an investigator any such test report held by the person, andNote. Section 18 of the Act provides for the appointment of investigators.(d) must, if supplying a moveable soccer goal to which this Division does not apply, supply with the moveable soccer goal a certificate setting out the reasons why this Division does not apply to the moveable soccer goal. Division 21 Basketball rings and basketball backboards In this Division: 84 Warning and symbol to accompany supply of basketball rings and basketball backboards (1) The product safety standard prescribed for basketball rings and basketball backboards is that they must be accompanied by:(a) a warning, and(b) a warning symbol.(2) The warning referred to in subclause (1) (a) must comply with the following requirements:(a) it must contain the words “WARNING: IMPROPER INSTALLATION OR SWINGING ON THE RING MAY CAUSE SERIOUS INJURY OR DEATH”,(b) it must be clearly legible, in upper case, in red letters on a white background,(c) the word “WARNING” must be in characters not less than 15 millimetres high,(d) the words other than the word “WARNING” must be in characters not less than 10 millimetres high.(3) The warning symbol referred to in subclause (1) (b) must comply with the following requirements:(a) it must be in the form of the following graphic: 85 Permanent warning on basketball backboard (1) The product safety standard prescribed for basketball backboards is that they must also have a warning permanently marked on them.(2) That warning:(a) must contain the words “WARNING: SWINGING ON THE RING MAY CAUSE SERIOUS INJURY OR DEATH”, and(b) must be clearly legible, in characters not less than 10 millimetres high, and(c) must be marked on the backboard in a conspicuous position:(i) in permanent writing, or(ii) on a label that is permanently affixed on the backboard. In this Division: The product safety standard prescribed for hot water bottles is that they must comply with the requirements of this Division. Subdivision 2 Physical properties 87A Capacity and thickness—rubber hot water bottles (1) This clause applies to a hot water bottle that is made from rubber.(2) If a hot water bottle has a capacity of less than 2,000 ml, the material that is used to make the body of the bottle must have a minimum thickness of 1.4 mm.(3) If a hot water bottle has a capacity of at least 2,000 ml, the material that is used to make the body of the bottle must have a minimum thickness of 1.5 mm. 87B Capacity and thickness—PVC hot water bottles (1) This clause applies to a hot water bottle that is made from PVC.(2) If a hot water bottle has a capacity of less than 800 ml, the material that is used to make the body of the bottle must have a minimum thickness of 1.5 mm.(3) If a hot water bottle has a capacity of at least 800 ml, but less than 2,000 ml, the material that is used to make the body of the bottle must have a minimum thickness of 1.7 mm.(4) If a hot water bottle has a capacity of at least 2,000 ml, the material that is used to make the body of the bottle must have a minimum thickness of 1.8 mm. (1) The filling aperture of a hot water bottle must not be less than 18 mm in diameter.(2) If the filling aperture of a hot water bottle 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 to the bottle, and(b) extends beyond the height of the stopper. A hot water bottle must be provided with a stopper that, when tested in accordance with the procedures set out in items 3 and 4 of Part 1 of the Table, must not show:(a) visible leakage around the stopper, or(b) visible damage to the stopper. 87E Test for separation of screw stopper (1) A screw stopper, when tested in accordance with the procedure set out in item 5 of Part 1 of the Table, 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. A hot water bottle must show no visible leakage when inflated with air to a minimum pressure of 14±0.5 kPa and immersed in water for a minimum time of 5 seconds. The seams of a hot water bottle must withstand a minimum tensile force of 72 N when tested in accordance with Part 2 of the Table. (1) A hot water bottle must show no visible leakage when tested in accordance with the procedure set out in Part 3 of the Table.(2) There must be no other visual defects that could impair the integrity of the hot water bottle when hot water bottles are tested in accordance with the procedure set out in Part 3 of the Table. Subdivision 5 Informative labelling (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) item 1 of Part 4 of the Table, and(b) item 2 (a) or (b) of Part 4 of the Table.(4) If a hot water bottle is made of natural rubber the statement set out in item 3 of Part 4 of the Table must also accompany the hot water bottle. Table Test procedures and labelling
Part 3 Product information standards The standards set out in the other Divisions of this Part are prescribed under section 38 of the Act as product information standards for the goods to which those Divisions apply.Note. The consequences of failing to comply with a product information standard are set out in section 39 of the Act. Division 2 Fibre content labelling of textile products In this Division: 90 Product information standard The product information standard for textile products is that they must comply with AS/NZS 2622. The label in which is contained any statement required for a textile product by AS/NZS 2622 must comply with AS/NZS 2392 and AS/NZS 2450. Division 3 Care labelling of certain goods In this Division: (1) This Division applies to any of the following goods that are made from textiles, plastics, plastic coated fabrics, suede, skins, hides, grain leathers or furs, and that are not excluded goods:(a) clothing,(b) household textiles,(c) apparel,(d) furnishings or upholstered furniture,(e) bedding, mattresses or bed bases,(f) piece goods or yarns.(2) In this clause: 94 Product information standard The product information standard for goods to which this Division applies is that the goods must comply with AS/NZS 1957. 95 Variation of product information standards For the purposes of this Division, AS/NZS 1957 is taken to have been amended as follows:(a) by omitting Clauses 1.1, 1.2, 1.3, 1.4, 2.1.3 and 2.2 (b),(b) by omitting Clause 2.2 (c) and by inserting instead:(c) The wording of the label must be in English and be clearly legible.(c) by omitting Note 1 to Clause 2.2,(d) by inserting “This includes individual pieces of household textile products sold as sets (eg napkin and tablecloth sets).” at the end of Note 5 to Clause 2.2,(e) by inserting after Clause 2.3: 96 Form of information for prescribed goods (1) The care instructions for goods to which this Division applies that are prescribed goods may be given:(a) on a removable ticket or label attached to the goods, or(b) on a pamphlet accompanying the goods, or(c) as printed instructions on the wrapper or other matter in which the goods are packaged.(2) In this clause: 97 Care instructions for goods unable to be washed or dry-cleaned Where goods are unable to be washed or dry-cleaned, the permanent label must include appropriate instructions in words that:(a) warn that the goods are unable to be washed or dry-cleaned, and(b) adequately describe the care treatment for the goods. In this Division: 99 Product information standard The product information standard for regular unleaded petrol supplied at a petrol station is that the price at which that petrol is supplied to retail customers at the petrol station must be disclosed by being displayed at the petrol station on one or more signs (petrol price signs) that comply with the following requirements:(a) a petrol price sign must be so positioned and lit that any price and other matter that it displays will be readily seen by motorists approaching the petrol station at any time that the petrol station is open for business for the supply of petrol,(b) a price displayed on a petrol price sign must be a price per litre of petrol. 100 Planning restriction not affected The product information standard specified in clause 99 does not apply to the extent of any inconsistency with:(a) a requirement or prohibition imposed by or under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 (other than a requirement that development consent be obtained), or(b) a requirement under the Environmental Planning and Assessment Act 1979 that development consent be obtained, but only if that development consent has been applied for and refused. Part 4 Other information standards Division 1 Employment placement services 101 Information standard for employment placement services (1) For the purposes of section 60R of the Act, the requirements of this clause are prescribed as an information standard for employment placement services.(2) A person who provides employment placement services must, before providing those services to a person seeking employment (a job seeker), give the job seeker a written notice that sets out the following statements:(a) A person who provides employment placement services must not charge a job seeker a fee for the purpose of finding the job seeker employment.(b) A person who provides employment placement services must not engage in misleading or deceptive conduct (such as advertising a position as being available when the person knows no such position exists or knowingly giving misleading information to a job seeker about the nature of a position).(c) If a job seeker believes that a person has acted inappropriately in the course of providing employment placement services, the job seeker may contact the Office of Fair Trading for information on possible action that may be taken. Division 2 Funeral goods and services 101A Information standard for funeral goods and services For the purposes of section 60Z of the Act, the requirements of this Division are prescribed as an information standard for funeral goods and services. This Division applies to the supply of funeral goods and services for the arrangement and conduct of a funeral service, including:(a) the supply of goods to a consumer in connection with the burial or cremation of a body, and(b) the care, transport and preparation of the body prior to burial or cremation. In this Division: 101D Information to prospective consumers (1) Before entering into an agreement for the supply of funeral goods and services, a supplier of funeral goods and services that ordinarily offers a basic funeral to consumers must give a basic funeral notice to each prospective consumer and to any other person that requests a copy of the notice.(2) Before entering into an agreement for the supply of funeral goods and services to a consumer (other than an agreement for the provision of a basic funeral) the supplier of the funeral goods and services must give to the consumer a written statement listing the following:(a) each of the funeral goods and services that are to be supplied to the consumer under the agreement and the cost of each,(b) each of the necessary disbursements and a reasonable estimate of the amount of each,(c) any other disbursements that are likely to be made by the supplier and a reasonable estimate of the amount of each. 101E Information on final account Before accepting final payment under an agreement for the supply of funeral goods and services to a consumer, the supplier of the funeral goods and services must give to the consumer a written statement listing the following:(a) each of the funeral goods and services supplied to the consumer under the agreement and the cost of each,(b) each of the necessary disbursements and the amount of each,(c) any other disbursements made by the supplier and the amount of each,(d) the total amount payable for the supply of the funeral goods and services under the agreement. Clause 101E applies only in relation to contracts entered into after the commencement of this Division. Part 5 Penalty notice offences 102 Penalty notice offences: section 64 For the purposes of section 64 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 1 is a prescribed offence, and(b) the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 1. Part 6 Direct commerce provisions 103 Notice of cancellation of direct commerce contract For the purposes of section 40E (2) (d) of the Act, a notice of cancellation by a consumer of a direct commerce contract may be given by sending the notice by electronic communication to the supplier’s email address as provided by the supplier or dealer.Note. Under section 40E (1) (b) of the Act, the 5-day cooling-off period for a direct commerce contract made over the telephone is triggered by the supplier giving the consumer the cooling-off information (as required under section 40D) in writing. If the information is posted to the consumer, section 76 of the Interpretation Act 1987 provides that service of the letter is taken to have been effected on the fourth working day after it was posted. 104 Exclusion of certain contracts from direct commerce provisions (1) The following kinds of contracts are, in accordance with section 40B (2) of the Act, excluded from the operation of Division 3 of Part 4 of the Act:(a) a customer supply contract (within the meaning of the Electricity Supply Act 1995) entered into with a person who is a small retail customer for the purposes of that Act,(b) a customer supply contract (within the meaning of the Gas Supply (Natural Gas Retail Competition) Regulation 2001) entered into with a person who is a small retail customer for the purposes of the Gas Supply Act 1996,(c) a contract arising out of the conduct of a fundraising appeal within the meaning of the Charitable Fundraising Act 1991,(d) a business contract,(e) a contract for the supply of a financial product, or a managed investment scheme, within the meaning of the Corporations Act 2001 of the Commonwealth,Note. The hawking of certain financial products and managed investment products is prohibited under the Corporations Act 2001—see sections 992A and 992AA of that Act.(f) if a contract for the supply of goods or services exists between a consumer and a supplier—a contract between the consumer and the supplier for the supply of goods or services that are of the same kind as those supplied under the existing contract.Note. An example of such an excluded contract is where the consumer has joined a scheme (such as a wine society or club) and agrees to allow the supplier to subsequently offer to the consumer products or services in connection with the scheme. In such a case, the subsequent offering by a dealer or supplier to the consumer of those products or services would not trigger the direct commerce provisions. 105 Partial exclusion of certain contracts from direct commerce provisions (1) In accordance with section 40B (2A) of the Act:(a) sections 40C–40H and 40K of the Act do not apply to or in respect of a credit contract, and(b) section 40H of the Act does not apply to or in respect of any direct commerce contract for services that are supplied to the consumer on a continuing basis.Note. An example of such a contract is a loyalty club membership scheme that is accepted by the consumer by the use of a membership card or discount vouchers and where the services accessed by the card or vouchers are supplied over a certain period. It does not include a contract for the supply of services (eg the carrying out of repairs) that are supplied entirely on a one-off basis or are capable of being wholly supplied during the 5-day cooling-off period.(2) In this clause: 106 Special provisions relating to contracts for classified advertising In accordance with section 40B (2A) of the Act:(a) section 40D (3) (b) of the Act does not apply to or in respect of a contract for the supply of classified advertising (unless the contract is for the supply of a series of advertisements over a period of time), and(b) section 40E of the Act does not apply to or in respect of a contract for the supply of classified advertising once the publication deadline in relation to the advertisement has passed, and(c) section 40H of the Act does not apply to or in respect of a contract for the supply of classified advertising. 107 Requirement to refund fees collected during cooling-off period for unused services (1) This clause applies to the following kinds of direct commerce contracts:(a) a contract that is for the supply of services on a continuing basis,(b) a contract that is for the supply of classified advertising (but only if a cooling-off period is applicable to the contract).(2) If, in relation to a direct commerce contract to which this clause applies, the supplier or dealer collects any fees from the consumer during the cooling-off period for services provided during that period, the supplier or dealer must, if the consumer cancels the contract during the cooling-off period in accordance with section 40E of the Act, refund within 7 days of the cancellation of the contract any amount paid by the consumer for services that have not been used by the consumer. Part 7 Industry code for motor vehicle insurers and repairers 108 Declaration of industry code of conduct in relation to motor vehicle insurers and repairers (1) For the purpose of section 60X (1) of the Act, the code published in Gazette No 127 on 27 October 2006 at pages 9139–9168 (referred to in this Part as the published code) is declared to be an applicable industry code of conduct.(2) For the purpose of section 60X (2) (a) of the Act, the following classes of motor vehicles are excluded from the application of the provisions of the applicable industry code of conduct relating to the repair of any such motor vehicles that are or may be damaged:(a) motor vehicles owned or used by the repairer,(b) motor vehicles not registered in New South Wales, except when repaired in New South Wales.(3) For the purpose of section 60X (2) (b) of the Act, any provisions of the published code in so far as they relate to:(a) the code or its application being voluntary, or(b) the signatories to the code and the process by which the signatories are bound, or(c) any other incidental matters,are excluded and the declaration under subclause (1) does not apply to those provisions. 109 Savings and transitional provisions (1) The applicable industry code of conduct applies to a dispute between an insurer and repairer with respect to a motor vehicle insurance policy, even if the policy was entered into before the relevant provisions of the code took effect.(2) The applicable industry code of conduct applies to damage to a motor vehicle covered by a motor vehicle insurance policy, even if the policy was entered into before the relevant provisions of the code took effect. 110 Delegation by Director-General For the purposes of section 8 (1) (i) of the Act, section 83A of the Gas Supply Act 1996 is a prescribed provision of a prescribed Act. Any act, matter or thing that, immediately before the repeal of the Fair Trading (General) Regulation 2002, had effect under that Regulation continues to have effect under this Regulation. Schedule 1 Penalty notice offences (Clause 102)
The following abbreviations are used in the Historical notes:
Table of amending instruments Fair Trading Regulation 2007 (413). GG No 108 of 31.8.2007, p 6080. Date of commencement, 1.9.2007, cl 2. This Regulation has been amended as follows:
Table of amendments
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