{"id":"fair-trading-product-information-standard-regulations-2005","name":"Fair Trading (Product Information Standard) Regulations 2005","slug":"fair-trading-product-information-standard-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176639,"registerId":"wa-fair-trading-product-information-standard-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Product Information Standard) Regulations 2005","content":"![Crest]()Western Australia\n\nFair Trading Act 2010\n\nFair Trading (Product Information Standard) Regulations 2005\n\nThe *Fair Trading Act 2010* s. 118 3 provides for the continuation of Part 4 of these regulations after the commencement of that section.\n\nWestern Australia\n\nFair Trading (Product Information Standard) Regulations 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\nPart 4 — Builders plates for recreational vessels\n\n8. Terms used in this Part 2\n\n8A. Prescribed body 3\n\n9. Product information standard for builders plates for certain vessels 3\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nFair Trading Act 2010\n\nFair Trading (Product Information Standard) Regulations 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Fair Trading (Product Information Standard) Regulations 2005* 1.\n\n[**2.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n[Pt. 2-3 omitted (see Fair Trading Act 2010 s. 118(2)).]\n\n## Part 4 — Builders plates for recreational vessels\n\n[Heading inserted: Gazette 1 Sep 2006 p. 3591.]\n\n##### 8. Terms used in this Part\n\n(1) In this Part —\n\n  ABP standard means the “National Standard for the Australian Builders Plate for Recreational Boats”, published by The National Marine Safety Committee, as it applied on 21 November 2005, as varied by subregulation (2);\n\n  certificate of survey means a certificate issued under the *W.A. Marine (Surveys and Certificates of Survey) Regulations 1983*;\n\n  classification society means the following bodies for the survey of shipping —\n\n(a) the American Bureau of Shipping;\n\n(b) the Bureau Veritas;\n\n(c) the Det Norske Veritas;\n\n(d) the Germanischer Lloyd;\n\n(e) the Lloyds Register of Shipping;\n\n(f) the Nippon Kaiji Kyokai;\n\n  owner builder, of a vessel, means an individual who builds the vessel for his or her own use;\n\n  personal watercraft has the meaning given in the *Navigable Waters Regulations 1958* 2 regulation 46;\n\n  second‑hand vessel means a vessel that has been used otherwise than as follows —\n\n(a) in the course of being built or tested;\n\n(b) by the builder;\n\n(c) for the purpose of transporting it for the purpose of sale;\n\n(d) for the purposes of demonstrating it to a purchaser;\n\n(e) by the owner builder;\n\n  The National Marine Safety Committee means The National Marine Safety Committee incorporated under the New South Wales *Associations Incorporation Act 1984*;\n\n  vessel has the meaning given to that term in the *Western Australian Marine Act 1982* section 3(1).\n\n(2) For the purposes of the definition of “ABP standard”, the standard referred to in the definition is varied as follows —\n\n(a) a requirement to the effect that information on a builders plate for a vessel must include the name of the builder of the vessel is to be read as a requirement that the information must include the name of the person who approved the information, and the capacity in which the person approved the information; and\n\n(b) by deleting clauses 3.1 and 3.2.\n\n[Regulation 8 inserted: Gazette 1 Sep 2006 p. 3591-2; amended: Gazette 13 Mar 2007 p. 926.]\n\n##### 8A. Prescribed body\n\nFor the purposes of section 59(3)(a)(ii) of the Act, The National Marine Safety Committee is prescribed.\n\n[Regulation 8A inserted: Gazette 13 Mar 2007 p. 926.]\n\n##### 9. Product information standard for builders plates for certain vessels\n\n(1) The ABP standard is prescribed for the purposes of section 59 of the Act as a product information standard for vessels to which this regulation applies.\n\n(2) This regulation applies to all vessels other than the following vessels —\n\n(a) a vessel for which a certificate of survey has been issued or which is to be, or has been, submitted for survey for the purposes of obtaining a certificate of survey;\n\n(b) a vessel for which a permit under the *Western Australian Marine Act 1982* section 26(2) has been issued;\n\n(c) a second‑hand vessel;\n\n(d) a vessel that was built for export from Australia;\n\n(e) a vessel that was imported into Australia from New Zealand;\n\n(f) a vessel that was built exclusively for racing in organised events;\n\n(g) an amphibious vehicle;\n\n(h) a canoe, kayak or surf ski or similar vessel designed to be powered by paddle;\n\n(i) a pedal powered boat;\n\n(j) a personal watercraft that is designed to carry no more than 2 persons;\n\n(k) a personal watercraft that is designed to carry 3 or more persons if it complies with subregulation (4);\n\n(l) a rowing shell used for racing or training for racing;\n\n(m) a sailboard or sail kite or other similar vessel;\n\n(n) a surf row boat;\n\n(o) a hydrofoil or hovercraft;\n\n(p) a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion;\n\n(q) a submersible;\n\n(r) an aquatic toy, being an object designed primarily for play in or on water, for example —\n\n(i) an object designed solely to be towed behind a recreational vessel; or\n\n(ii) an inflatable boat to which ISO 6185 *Inflatable boats* (as in force on the day on which this Part came into operation) does not apply;\n\n(s) an inflatable boat —\n\n(i) to which ISO 6185 *Inflatable boats* (as in force on the day on which this Part came into operation) applies; and\n\n(ii) which complies with subregulation (5);\n\n(t) a vessel that was partly constructed (as described in subregulation (6)) before this Part came into operation.\n\n(3) The chief executive officer (as defined in the *Western Australian Marine Act 1982* section 3(1)) may, on application, exempt a particular vessel from the application of this regulation if satisfied that —\n\n(a) the vessel complies with some other appropriate safety standard and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel; or\n\n(b) the vessel is of a type for which appropriate safety standards do not exist and for which other safety standards cannot reasonably be adapted and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel; or\n\n(c) the vessel is of a type that closely resembles a vessel of a type that is not covered by this regulation because of subregulation (2) and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel; or\n\n(d) the vessel is to be used for only a short period of time, its use is unlikely to endanger the lives of its occupants or occupants of other vessels and, in the circumstances of the case, it would be unreasonable for this regulation to apply to the vessel.\n\n(4) For the purposes of subregulation (2)(k), a personal watercraft complies with this subregulation if the following information is written on or attached to the craft in a clearly visible place —\n\n(a) the total weight of persons and equipment that the vessel may carry (expressed in kilograms), as recommended by the builder of the craft; and\n\n(b) the maximum number of persons the craft may carry, as recommended by the builder of the craft.\n\n(5) For the purposes of subregulation (2)(s)(ii), an inflatable boat complies with this subregulation if the boat has a plate attached to it in accordance with —\n\n(a) European Directive 94/25/EC — Recreational Craft Directive (as in force on the day on which this Part came into operation) that certifies that the boat complies with the requirements of that Directive; or\n\n(b) the requirements of US National Marine Manufacturers Association set out in the NMMA Certification Handbook (as in force on the day on which this Part came into operation) that certifies that the boat complies with the requirements of that Handbook.\n\n(6) For the purposes of subregulation (2)(t), a vessel is partly constructed if it has reached which ever of the following stages of construction is relevant, or the earlier if both are relevant —\n\n(a) the keel has been laid;\n\n(b) the vessel is identifiable as a vessel of a particular type and a part of the vessel has been fabricated and assembled that has a mass of at least one percent of the mass of all structural material of the proposed completed vessel.\n\n[Regulation 9 inserted: Gazette 1 Sep 2006 p. 3592-5.]\n\nNotes\n\n1 This is a compilation of the *Fair Trading (Product Information Standard) Regulations 2005* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nThe *Fair Trading Act 2010* s. 118 3 provides for the continuation of Part 4 of these regulations after the commencement of that section.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Fair Trading (Product Information Standard) Regulations 2005* | 29 Jun 2005 p. 2971-81 | 29 Jun 2005 |\n| *Fair Trading (Product Information Standard) Amendment Regulations 2006* | 1 Sep 2006 p. 3591-5 | 2 Sep 2006 (see r. 2) |\n| *Fair Trading (Product Information Standard) Amendment Regulations 2007* | 13 Mar 2007 p. 926 | 13 Mar 2007 |\n| **Reprint 1: The *Fair Trading (Product Information Standard) Regulations 2005* as at 20 Jul 2007** (includes amendments listed above) | | |\n\n\n2 Formerly referred to the *Navigable Waters Regulations* the citation of which was changed to the *Navigable Waters Regulations 1958* by the *Navigable Waters Amendment Regulations (No. 2) 2005* r. 3. The reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\n\n3 The *Fair Trading Act* 2010 s. 118 reads as follows:\n\n118. *Fair Trading (Product Information Standard) Regulations 2005* Part 4 (builders plates for recreational vessels), continuation of\n\n(1) The *Fair Trading (Product Information Standard) Regulations 2005* (other than Parts 2 and 3) continue in force after the commencement of this section as if those regulations were an information standard under the *Australian Consumer Law (WA)* Part 3‑4, and may be enforced accordingly.\n\n(2) The regulations continued in force by subsection (1) may be repealed as if they were regulations made under section 116.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nABP standard 8(1)\n\ncertificate of survey 8(1)\n\nclassification society 8(1)\n\nowner builder 8(1)\n\npersonal watercraft 8(1)\n\nsecond‑hand vessel 8(1)\n\nThe National Marine Safety Committee 8(1)\n\nvessel 8(1)\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has significantly narrowed in scope. Originally enacted in 2005 with Parts 1, 2, and 3 covering various product information standards, it was gutted by the Fair Trading Act 2010. Only Part 4 (builders plates for recreational vessels) survives. The current document is essentially a zombie regulation—maintained solely for boat safety plates while its broader consumer protection framework was absorbed into the Australian Consumer Law (WA). The citation still references the original 2005 regulations, but the substance is now a single-purpose marine safety measure."},"complexity_factors":["Multiple nested exemption categories in regulation 9(2) with 20 distinct exemption types (a) through (t)","Cross-references to 5 external pieces of legislation: Fair Trading Act 2010, W.A. Marine Regulations 1983, Navigable Waters Regulations 1958, Western Australian Marine Act 1982, and NSW Associations Incorporation Act 1984","Incorporation by reference of external standards: National Standard for the Australian Builders Plate (as at specific date 21 November 2005), ISO 6185, European Directive 94/25/EC, and US NMMA Certification Handbook","Conditional compliance requirements in subregulations 9(4) and 9(5) with alternative pathways","Technical construction threshold in 9(6) involving percentage mass calculations (1% of structural material)","Discretionary exemption power in 9(3) with four alternative grounds (a)-(d) requiring subjective assessments of 'unreasonableness'","Historical legislative baggage: references to repealed Parts 2 and 3 and transitional provisions from Fair Trading Act 2010 s. 118"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations require builders of recreational boats in Western Australia to attach a specific information plate (called a \"builders plate\") to most new vessels. The plate must display safety information like how many people the boat can carry and its weight capacity, following a national standard called the \"Australian Builders Plate\" (ABP) standard.\n\n**Who it affects:**\n\n*   **Boat builders and manufacturers** selling new recreational vessels in WA\n*   **Buyers of new boats** who benefit from clear safety information\n*   **Owner-builders** building boats for personal use (they're defined but generally exempt from the plate requirement)\n\n**Key exemptions:**\n\nThe rules don't apply to many specific types of vessels, including:\n*   Boats with official survey certificates\n*   Second-hand boats\n*   Boats built for export or imported from New Zealand\n*   Canoes, kayaks, surf skis, pedal boats, sailboards\n*   Personal watercraft (jet skis) with 2 seats or fewer\n*   Racing boats, submersibles, hovercraft, amphibious vehicles\n*   Inflatable boats meeting certain international standards\n*   Boats already under construction when the rules started\n\n**Why it matters:**\n\nThis ensures people buying new recreational boats get clear, standardised safety information about capacity limits. This helps prevent overloading accidents. The regulations also allow the CEO of the Department of Transport to grant exemptions for unusual vessels or short-term use where the standard rules would be unreasonable.\n\n**Important context:**\n\nOriginally these regulations covered other product information standards too (Parts 2 and 3), but those were removed when the *Fair Trading Act 2010* took effect. Only Part 4 about boat builders plates remains in force, now treated as if it were made under national consumer protection laws."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The substantive scope of Part 4 — prescribing builders plates requirements for recreational vessels — remains the same. The Fair Trading Act 2010 s.118 continues Part 4 as an information standard within the Australian Consumer Law (WA) enforcement framework, altering legal provenance and enforcement mechanics but not the technical coverage of the obligation."},"complexity_factors":["Dependence on an external technical document (the ABP standard) as adopted and varied by reg 8(2), requiring readers to consult another instrument.","A long list of targeted exemptions in reg 9(2) that differentiates many vessel types and situations.","Administrative discretion to grant exemptions under reg 9(3) with four alternative grounds, creating case‑by‑case uncertainty.","Cross‑references to other laws and instruments (W.A. Marine (Surveys and Certificates of Survey) Regulations 1983; Western Australian Marine Act 1982; Navigable Waters Regulations) increasing interpretive work.","Use of international standards and certifications (ISO 6185, European Directive 94/25/EC, NMMA) in reg 9(5) as alternative compliance paths.","Technical construction thresholds for 'partly constructed' vessels (keel laid or 1% structural mass) in reg 9(6), requiring factual measurement or proof.","Defined terms cluster (reg 8(1)) and the prescription of The National Marine Safety Committee (reg 8A) add institutional and definitional layers.","Continuation and enforcement change under Fair Trading Act 2010 s.118 (see compilation note) recasts Part 4 as an information standard enforceable under the Australian Consumer Law (WA)."],"plain_english_summary":"This instrument prescribes the National Australian Builders Plate (ABP) standard as the required product information standard for builders plates on most new recreational vessels, with limited variations to the ABP text. Builders, manufacturers and owner‑builders must attach or display the prescribed information; some vessels are exempt or may comply via specified foreign certification. Compliance costs fall on those who build or import vessels, and the chief executive officer may grant case‑by‑case exemptions (see reg 9(3)); enforcement is continued under the Fair Trading Act framework (s.118)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. The page hosting the Fair Trading (Product Information Standard) Regulations 2005 (WA) has been removed from the Western Australian legislation website, and no content was retrievable for analysis."},"complexity_factors":["No legislative content is available — the source page has been taken offline","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"This regulation likely set minimum standards for product information (labels, disclosures, warnings) for goods sold in Western Australia, aimed at protecting consumers and guiding sellers, manufacturers and retailers. The full text is currently unavailable, so the exact requirements, covered products, affected parties and penalties can’t be confirmed — check the WA legislation website or the Parliamentary Counsel’s Office to verify whether it still applies or has been replaced."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-product-information-standard-regulations-2005","history":"/api/acts/fair-trading-product-information-standard-regulations-2005/history","analysis":"/api/acts/fair-trading-product-information-standard-regulations-2005/analysis","conflicts":"/api/acts/fair-trading-product-information-standard-regulations-2005/conflicts","importantCases":"/api/acts/fair-trading-product-information-standard-regulations-2005/important-cases","documents":"/api/acts/fair-trading-product-information-standard-regulations-2005/documents"}}