Competition and Consumer Act 2010 - Consumer Protection Notice No. 1 of 2013 - Safety Standard: Baby Walkers

Link to law: https://www.comlaw.gov.au/Details/F2013L00190

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COMPETITION AND CONSUMER ACT 2010
 
Consumer Protection Notice No. 1 of 2013
 
SAFETY STANDARD: BABY WALKERS
 
I, DAVID BRADBURY, Assistant Treasurer, pursuant to subsection 104(1) of Schedule 2 to the Competition and Consumer Act 2010 (the Australian Consumer Law), hereby:
 
(a)          REVOKE the safety standard for baby walkers made under section 104(1) of the Australian Consumer Law on 1 January 2011 by reason of Item 4 of Schedule 7 of the Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010 (see note 1); and
 
(b)          MAKE, in respect of consumer goods of a kind specified in Division 1 of the Schedule to this Notice and for the purposes of section 106 of the Australian Consumer Law, a safety standard consisting of a set of requirements specified in Division 2 of the Schedule (see note 2).
 
COMMENCEMENT
 
This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments (the commencement date).
 
APPLICATION OF THE SAFETY STANDARD
 
(1)          On and from the commencement date, a supplier of consumer goods of a kind specified in Division 1 of the Schedule to this Notice can comply with the safety standard made in accordance with paragraph (b) of this Notice by complying with either of the sets of requirements specified in Division 2 of the Schedule.
 
(2)          The set of requirements specified at paragraph (1) of Division 2 of the Schedule to this Notice will cease to operate on 1 April 2014.
 
(3)          On and from 1 April 2014, a supplier of consumer goods of a kind specified in Division 1 of the Schedule to this Notice must comply with the set of requirements specified at paragraph (2) of Division 2 of the Schedule.
 
THE SCHEDULE
 
Division 1: Particulars of the consumer goods
 
The following consumer goods are specified:
 
Baby walker means a device that:
 
(1)          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
(2)          is propelled by the movement of the child.
Division 2: The Safety Standard
 
The following sets of requirements are the specified requirements for baby walkers:
 
(1)       The following sections of American Society for Testing and Materials ASTM F977‑00, Standard Consumer Safety Specification for Infant Walkers, published in 2000:
(1)      Section 6.1 Stability
(2)      Section 6.4 Prevention of Falls Down Step(s)
(3)      Section 7.3 Stability Test
(4)      Section 7.6 Step(s) Tests
(5)      Section 9.3 Labelling
 
(2)       The following sections of American Society for Testing and Materials ASTM F977‑12, Standard Consumer Safety Specification for Infant Walkers, published in May 2012:
(1)      Section 6.1 Stability
(2)      Section 6.3 Prevention of Falls Down Step(s)
(3)      Section 7.3 Stability Test
(4)      Section 7.6 Step(s) Tests
(5)      Section 8.2 Labelling
 
Notes:                                                                   
1.    The set of requirements for the safety standard revoked by paragraph (a) of this Notice are the same requirements as those which were prescribed as the consumer product safety standard for baby walkers for the purposes of section 65C of the Trade Practices Act 1974. Those requirements are contained in the Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002 (Cth).
 
2.    In accordance with section 108 of the Australian Consumer Law, until 1 April 2014 suppliers may be required to nominate which set of requirements in Division 2 of the Schedule to this Notice the supplier intends to comply with as the supplier’s method of complying with the safety standard.
 
 
 
Dated this 10th day of February 2013.
 
 
 
 
DAVID BRADBURY
 
Assistant Treasurer