Page 2141 - Week 08 - Wednesday, 9 September 1992
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The Act currently allows the Minister to make consumer product safety orders. These orders, which are often called safety bans, can be either interim or permanent. They can either prohibit or restrict the supply of unsafe goods. Members would recall that we recently took swift action to ban certain unsafe baby cots. In addition, the Act allows the director of Consumer Affairs to make a product safety ban if a similar ban is already in force in another jurisdiction. It is an offence to supply goods in contravention of a product safety order. Consumer goods targeted by consumer product safety orders made under the Consumer Affairs Act include Help Multi-Task Cleaner, which was recently banned, the cot, and bed restraints.
The Act also empowers the Executive to prescribe consumer product safety standards. As with product safety orders, these standards are aimed at preventing or reducing the risk of injury. However, unlike product safety orders, which apply to goods already in the marketplace, these standards are aimed at the marketing of unsafe or potentially unsafe goods. For example, standards can prevent unsafe goods from coming onto the market. They can also ensure that goods which might be harmful if packaged, used or mishandled in some way are manufactured without defects and packaged, used and handled safely by consumers. To this end, a product safety standard made under the Act can require a manufacturer or importer to ensure that the product: Performs to a certain standard; contains or is free from certain materials; is designed, manufactured, processed or packaged in a certain way; or carries instructions or warning labels.
Amendments contained in the Bill extend the scope of these requirements to include: Testing of the goods; accessories or equipment supplied with the goods; and markings on display stands or vending machines used for the goods. Once prescribed, these compulsory safety standards must be observed by all manufacturers and suppliers. It is an offence to supply goods which do not comply with the applicable standard. Examples of current standards made under the Commonwealth Trade Practices Act include design and construction rules for motorcyclists' helmets and warning labels for children's nightwear.
The Bill also adds two new product safety mechanisms. The first gives the Executive power to prescribe consumer product information standards. These standards can set out the form and manner in which the supplier must indicate to the consumer the quantity, origin, quality, nature, durability or value of goods. As with the other orders and standards, supply of goods in breach of a consumer product information standard is a breach of the Act. Examples of consumer product information standards prescribed under the Commonwealth Trade Practices Act include ingredient labellings of cosmetics and care labelling of garments and household textiles to indicate the most suitable cleaning methods.
The second additional product safety power provides for voluntary and compulsory product recalls and related orders. The amendments require any supplier that voluntarily recalls goods to provide the Director of Consumer Affairs with full details of the recall within two days of taking recall action. Although voluntary recall is preferred, the Minister can order a supplier to recall goods in three situations where a supplier has not taken satisfactory action. The first is where it appears that goods will or may cause injury to any person. The second and third are where goods do not comply with a consumer product safety standard or a consumer product information standard in force under the Consumer Affairs Act.
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