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Trade Practices Act 1974 - Consumer Protection Notice No. 1 of 2010 - Consumer Product Safety Standard: Vehicle Jacks

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COMMONWEALTH OF AUSTRALIA
 
Trade Practices Act 1974
 
Consumer Protection Notice No. 1 of 2010
 
CONSUMER PRODUCT SAFETY STANDARD FOR VEHICLE JACKS
 
I, Craig Emerson, Minister for Competition Policy & Consumer Affairs, pursuant to subsection 65E(1) of the Trade Practices Act 1974 and for the purposes of section 65C of that Act, hereby:
 
(a)        REVOKE the consumer product safety standard for vehicle jacks declared by consumer protection notice No. 15 of 2003 published in the Commonwealth of Australia Gazette No. GN 50 of 17 December 2003; and
 
(b)        DECLARE that
 
(i)            in respect of goods of the kind specified in Division 1(a) of the Schedule to this Notice, the standards approved by Standards Australia specified in Division 2 of the Schedule, as varied by Division 3 of the Schedule, are consumer product safety standards for the purposes of section 65C of the Trade Practices Act 1974. The standards specified at Divisions 2(b) and 2(c) of the Schedule to this Notice will cease to operate as consumer product safety standards from 1 July 2011;
 
(ii)          in respect of goods of the kind specified in Division 1(b) of the Schedule to this Notice, the standards approved by Standards Australia specified in Division 2 of the Schedule, as varied by Division 3 of the Schedule, are consumer product safety standards for the purposes of section 65C of the Trade Practices Act 1974.
 
THE SCHEDULE
 
Division 1: Particulars of the goods
 
(a)                Vehicle jacks with a nominated capacity of up to and including 8 tonnes but excluding goods of the kind specified in Division 1(b).
 
(b)               Vehicle jacks with a nominated capacity of up to and including 8 tonnes manufactured before 1 July 2011 which are:
 
(i)            limited in their application to a specific vehicle or model(s) or model designation(s) of vehicles
 
(ii)          intended to be used to lift the specific vehicle or model(s) or model designation(s) of vehicles at only the specific engagement points
 
(iii)         supplied for use:
 
a.       with the specific vehicle or model(s) or model designation(s) of vehicles referred to at (b)(i) above
 
b.      as a replacement for the original vehicle jack supplied with the specific vehicle or model(s) or model designation(s) of vehicles referred to at (b)(i) above.
 
Division 2: The Standards
 
(a)        Australian/New Zealand Standard AS/NZS 2693:2007 Vehicle jacks, approved by Standards Australia on 15 November 2006;
 
Or:
 
(b)        Australian/New Zealand Standard AS/NZS 2693:2003 Vehicle jacks, approved by Standards Australia on 28 February 2003, not incorporating Amendment No. 1 published by Standards Australia on 21 April 2004;
 
Or:
 
(c)                Australian/New Zealand Standard AS/NZS 2693:1993 Vehicle jacks, approved by Standards Australia on 17 May 1993  as amended by Amendment No. 1 published by Standards Australia on 11 April 1994;
 
Division 3: Variations
 
Australian/New Zealand Standard AS/NZS 2693:2007 is varied by:
 
(a)                Deleting clause 1 and replacing it with:
 
“1  SCOPE
 
This Standard specifies requirements for the design, construction, performance and labelling of jacks with a nominated capacity of up to and including 8 tonnes, which are designed to raise vehicles. It does not include devices that raise an entire vehicle.
 
A summary of requirements according to vehicle jack type is given in Appendix A.”;
 
(b)               Deleting clause 6.3;
 
(c)        In clause 6.7(c) deleting the words “using an operating force not exceeding that specified in Clause 6.3”;
 
(d)        Deleting clause 7.1.2(f) and replacing it with:
 
“(f)       (i)       Warning advice against getting under a vehicle that is supported by a jack; and/or
 
(ii)       Pictogram form of the warning advice against getting under a vehicle that is supported by a jack where the pictogram shows either a:
 
(1)  cross; or
 
(2)   circle with a slash;
 
through a side view of a person, who is lying on the ground and partially or wholly underneath a side view of a vehicle, which is supported by a jack. Examples of such pictograms are provided below;
 
Example 1
 
Example 2”
(e)        In clause 8.3(a), deleting the words “general and specific purpose jacks” and replacing with “general purpose and specific vehicle jacks”; and
 
(f)         In Appendix F, clause F3(h), deleting the second sentence “Do not exceed the operating force specified in Clause 6.3.”, and in clause F4(c), deleting the words “without exceeding the operating force specified in Clause 6.3”.
 
Australian/New Zealand Standard AS/NZS 2693:2003 is varied by:
 
(a)                Deleting clause 1 and replacing it with:
 
“1  SCOPE
 
This Standard specifies requirements for the design, construction, performance and labelling of jacks with a nominated capacity of up to and including 8 tonnes, which are designed to raise vehicles. It does not include devices that raise an entire vehicle.
 
NOTE: A summary of requirements according to vehicle jack type is given in Appendix A.”;
 
(b)        Deleting clauses 5.8 and 6.3;
 
(c)        In clause 6.7(c) deleting the words “using an operating force not exceeding that specified in Clause 6.3”; and
 
(d)        In Appendix F, clause F3(h), deleting the second sentence “Do not exceed the operating force specified in Clause 6.3”, and in clause F4(c), deleting the words “without exceeding the operating force specified in Clause 6.3”.
 
Australian/New Zealand Standard AS/NZS 2693:1993 is varied by:
 
(a)                Deleting clause 1 and replacing it with:
 
“1  SCOPE
 
This Standard specifies requirements for the design, construction, performance and labelling of jacks with a nominated capacity of up to and including 8 tonnes, which are designed to raise vehicles. It does not include devices that raise an entire vehicle.
 
NOTE:  A summary of requirements according to vehicle jack type is given in Appendix A.”; and
 
(b)        Deleting clause 5.9.
 
Note:   In respect of goods of the kind specified in Division 1(a) of the Schedule to this Notice, the choice between three consumer product safety standards in this consumer product safety notice is available until 30 June 2011. From 1 July 2011 the standard at Division 2(a) of the Schedule will operate as the only consumer product safety standard in this consumer product safety notice in respect of goods of the kind specified in Division 1(a) of the Schedule to this Notice.
 
In respect of goods of the kind specified in Division 1(b) of the Schedule to this Notice only, the choice between three consumer product safety standards in this consumer product safety notice will continue to be available from 1 July 2011.
 
Dated this  4th  day of  February  2010
 
 
 
 
 
Craig Emerson
Minister for Competition Policy and Consumer Affairs