{"id":"F2010L03292","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 26 of 2010 - Unsafe Goods Notice","slug":"trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85583,"registerId":"commonwealth-F2010L03292-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices Act 1974 - Consumer Protection Notice No. 26 of 2010 - Unsafe Goods Notice","content":"COMMONWEALTH OF AUSTRALIA\n\nTRADE PRACTICES ACT 1974\n\nConsumer Protection Notice No. 26 of 2010\n\nUNSAFE GOODS NOTICE\n\nI, CRAIG ANTHONY EMERSON, Minister for Competition Policy and Consumer Affairs, pursuant to subsection 65C(5) of the Trade Practices Act 1974, hereby DECLARE that goods of the kinds specified below are unsafe goods, in that it appears to me the goods will or may cause injury to a person.\n\nParticulars of Goods:\n\n1\\. Potty skimmers designed for installation in domestic swimming pools or spas.\n\n2\\. Pool or spa outlets which are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.\n\nNote: In this clause, 'outlets' does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.\n\n3\\. Transportable swimming pools or spas which contain integrally moulded potty skimmers or outlets that are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.\n\nNote: In this clause, 'outlets' does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.\n\nInterpretation:\n\n\"ANSI\" means American National Standards Institute.\n\n\"ASME\" means American Society of Mechanical Engineers.\n\n\"ASTM\" means American Society for Testing and Materials.\n\n\"Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment\" includes AS1926.3; AS2610.2 and ANSI A112.\n\n\"Potty skimmer\" means a pool or spa outlet at water level used as a suction point for the water reticulation system which (a) resembles a child's chamber-pot or other toilet device and which (b) has no protective device fixed to the skimmer box outlet which would prevent a person becoming lodged or caught in the skimmer box outlet through the operation and effect of suction within or through the water reticulation system.\n\nNote: Goods subject to this Notice and which fail to comply may be subject to compulsory recall. This includes goods which subsequently become fixtures \\[by virtue of sub-section 65F(11) of the Act\\].\n\nDated this 16th day of July 2010.\n\nCRAIG ANTHONY EMERSON\n\nMinister for Competition Policy and Consumer Affairs","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"This Notice exercises existing Trade Practices Act powers to identify specified unsafe goods; it specifies particular products and exemptions but does not amend or expand the statutory scheme beyond the Act's consumer protection function."},"complexity_factors":["Narrow, product‑specific scope focused on pool/spa outlets and 'potty skimmers' reduces breadth but requires technical assessment of designs.","Defined term 'potty skimmer' uses a two‑part functional description (appearance + lack of protective device), creating borderline factual questions for compliance.","References to multiple technical standards (AS1926.3; AS2610.2; ANSI A112 and other ASME/ANSI/ASTM standards) require cross‑checking against those standards to determine exemptions.","Recall consequence (note that goods may be subject to compulsory recall) and interaction with sub‑section 65F(11) mean goods can become regulated once fixed, extending enforcement reach.","Instrument is an executive declaration under subsection 65C(5), so enforcement and scope determinations rest on administrative decision‑making rather than new legislative text."],"plain_english_summary":"This Notice declares particular pool and spa fittings unsafe: “potty skimmers”, outlets that do not reduce or minimise the risk of body‑ or hair‑entrapment, and transportable pools/spas with such integrally moulded parts. Goods that comply with the listed Australian or ASME/ANSI/ASTM standards are excluded. \n\nIt affects manufacturers, importers, suppliers, installers and owners because affected products may be subject to compulsory recall (including if they become fixtures). The declaration is made under the Trade Practices Act power to identify unsafe goods."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice remains tightly focused on its original purpose: banning specific unsafe swimming pool and spa equipment to prevent suction entrapment drownings. The scope has not expanded beyond this safety objective."},"complexity_factors":["Very short document (under 500 words)","Only 4 defined terms in the interpretation section","Simple structure: declaration + 3 prohibited categories + definitions","Minimal cross-referencing (only mentions section 65C(5) and 65F(11) of the parent Act)","Clear exceptions noted in plain language within the item descriptions","No nested conditional logic or exceptions to exceptions"],"plain_english_summary":"The Minister has declared certain pool and spa equipment unsafe and banned their sale in Australia, affecting manufacturers, importers, retailers and anyone selling or supplying these products. The ban targets devices that can trap swimmers—like potty‑skimmer style filters and outlets that allow body or hair entrapment—unless they meet recognised Australian or American safety standards.\n\nThis lets the government force compulsory recalls to stop drownings and near‑drownings, particularly of children, by removing dangerous equipment from the market."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-26-of-2010-unsafe-goods-notice/documents"}}