Australian Capital Territory

Fair Trading (Consumer Product Standards) Amendment Regulations 2004 (No 1)
Subordinate Law SL2004-28

The Australian Capital Territory Executive makes the following regulations under the Fair Trading (Consumer Affairs) Act 1973.
Dated 19 July 2004.
Jon Stanhope
Minister
Bill Wood
Minister

Australian Capital Territory

Fair Trading (Consumer Product Standards) Amendment Regulations 2004 (No 1)
Subordinate Law SL2004-28
made under the
Fair Trading (Consumer Affairs) Act 1973

    

Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Legislation amended	1
	4	New division 2.3A	1
	5	Division 2.5	1
	6	New division 2.7A	1
	7	Regulation 30 (7), definition of relevant amount	1
	8	Regulation 43	1
	9	Division 2.14	1
	10	Renumbering	1

1	Name of regulations
These regulations are the Fair Trading (Consumer Product Standards) Amendment Regulations 2004 (No 1).
2	Commencement
These regulations commence on the day after their notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
These regulations amend the Fair Trading (Consumer Product Standards) Regulations 2002.
4	New division 2.3A
insert
Division 2.3A	Bunk beds
11A	Definitions for div 2.3A
In this division:
bunk beds means bunk beds to which the TPA standard applies.
TPA standard means the consumer product safety standard prescribed for bunk beds under the Trade Practices Act 1974 (Cwlth), section 65E because of Consumer Protection Notice No 1 of 2003.
11B	Safety standard 
	(1)	The consumer product safety standard for bunk beds is the TPA standard.
	(2)	The standard under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
5	Division 2.5
substitute
Division 2.5	Children’s toys
17	Definitions for div 2.5
In this division:
children’s toys means children’s toys to which the TPA standard applies.
TPA standard means the consumer product safety standard prescribed for children’s toys under the Trade Practices Act 1974 (Cwlth), section 65E because of Consumer Protection Notice No 14 of 2003.
Note	The standard applies only to toys for children up to and including 36 months of age.
18	Safety standard for children’s toys
	(1)	The consumer product safety standard for children’s toys is the TPA standard as in force on 1 July 2005.
	(2)	However, until 1 July 2005, the consumer product safety standard for children’s toys is the TPA standard as in force when this division commences.
	(3)	The standard under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	Subsection (2) and this subsection expire on 1 July 2005.
6	New division 2.7A
insert
Division 2.7A	Corded internal window coverings
25A	Definitions for div 2.7A
In this division:
corded internal window coverings means corded internal window coverings to which the NSW standard applies.
NSW standard means the consumer product safety standard prescribed for window coverings in the Fair Trading (General) Regulation 2002 (NSW), division 19 (Corded internal window coverings) as in force when this division commences.
Note	For the Fair Trading (General) Regulations 2002 (NSW), see http://www.legislation.nsw.gov.au.
25B	Safety standard
	(1)	The consumer product safety standard for corded internal window coverings is the NSW standard.
	(2)	The standard under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
7	Regulation 30 (7), definition of relevant amount
substitute
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.
8	Regulation 43
substitute
43	Indexed amount
	(1)	The indexed amount is the amount worked out in accordance with the formula:

	(2)	If, apart from this subregulation, the indexed amount under this regulation would be an amount of dollars and cents, the amount must be rounded to the nearest 25 cents and, if the amount to be rounded is 12.5 cents, rounded up.
	(3)	In this regulation:
CPI number means the All Groups Consumer Price Index number (that is the weighted average of the 8 capital cities) published by the Australian 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.
9	Division 2.14
substitute
Division 2.14	Sunglasses and fashion spectacles
57	Definitions for div 2.14
In this division:
sunglasses and fashion spectacles means sunglasses and fashion spectacles to which the TPA standard applies.
TPA standard means the consumer product safety standard prescribed for sunglasses and fashion spectacles under the Trade Practices Act 1974 (Cwlth), section 65E because of Consumer Protection Notice No 13 of 2003.
58	Safety standard 
	(1)	The consumer product safety standard for sunglasses and fashion spectacles is the TPA standard as in force on 1 April 2005.
	(2)	However, until 1 April 2005, the consumer product safety standard for sunglasses and fashion spectacles is the TPA standard as in force when this division commences.
	(3)	The standard under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	Subsection (2) and this subsection expire on 1 July 2005.
Division 2.15	Vehicle jacks
59	Definitions for div 2.15
In this division:
TPA standard means the consumer product safety standard prescribed for vehicle jacks under the Trade Practices Act 1974 (Cwlth), section 65E because of Consumer Protection Notice No 15 of 2003.
vehicle jacks means vehicle jacks to which the TPA standard applies.
59A	Safety standard 
	(1)	The consumer product safety standard for vehicle jacks is the TPA standard.
	(2)	The standard under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
10	Renumbering
renumber divisions and regulations when regulations next republished under Legislation Act

Endnotes
1	Notification
	Notified under the Legislation Act on 22 July 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004