{"id":"F2005B01049","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 9 of 2004 - Consumer Product Safety Standard: Portable Fire Extinguishers: Aerosol Type","slug":"trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32404,"registerId":"commonwealth-F2005B01049-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices Act 1974 - Consumer Protection Notice No. 9 of 2004 - Consumer Product Safety Standard: Portable Fire Extinguishers: Aerosol Type","content":"COMMONWEALTH OF AUSTRALIA\n\nTRADE PRACTICES ACT 1974\n\nConsumer Protection Notice No. 9 of 2004\n\nCONSUMER PRODUCT SAFETY STANDARD FOR PORTABLE FIRE EXTINGUISHERS: AEROSOL TYPE\n\nI, CHRIS PEARCE, Parliamentary Secretary to the Treasurer, pursuant to section 65E(1) of the Trade Practices Act 1974, upon gazettal of this Notice hereby:\n\nDECLARE that from 1 January 2005 the consumer product safety standard for non-rechargeable stored pressure portable fire extinguishers of the aerosol type will be Australian/New Zealand Standard AS/NZS 4353:1995, Portable fire Extinguishers – Aerosol type published by Standards Australia on 5 December 1995, subject to the following variations.\n\nVARIATIONS\n\nAustralian/New Zealand Standard AS/NZS 4353:1995 is varied by:\n\n(1) Amending clause 1.1 by deleting Note 2 entirely;\n\n(2) Deleting clause 1.3 and substituting a new clause 1.3 as follows:\n\n“1.3 REFERENCED DOCUMENTS The following documents are referred to in this Standard:\n\nAustralian Standard AS 2706-1984, Numerical values-Rounding and interpretation of limiting values as amended by Amendment 1 of 1 September 1985;\n\nAustralian/New Zealand Standard AS/NZS 1850:1997, Portable fire extinguishers – classification, rating and performance testing; and\n\nAustralian Standard AS 2278-1986, METAL AEROSOL CONTAINERS as amended by amendment 1 of 1 June 1988.”;\n\n(3) Deleting clause 1.4.13 entirely;\n\n(4) Deleting clause 1.5 entirely and substituting a new clause 1.5 as follows:\n\n“1.5 CLASSIFICATION AND RATING Classification and rating of extinguishers shall be determined from the results of tests set out in AS/NZS 1850.”;\n\n(5) Inserting a clause 1.6 as follows:\n\n“1.6 INTERPRETATION OF SPECIFIED LIMITING VALUES For the purpose of assessing compliance with this standard, the specified limiting values shall be in accordance with the ‘rounding method’ prescribed in AS 2706. i.e., the observed or calculated value shall be rounded to the same number of figures as in the specified limiting value and then compared with the specified limiting value. For example, for specified limiting values of 2.5, 2.50 and 2.500 the observed or calculated value would be rounded to the nearest 0.1, 0.01 or 0.001.”;\n\n(6) Deleting clause 2.2 entirely;\n\n(7) Deleting clause 2.5 entirely;\n\n(8) Deleting clause 3.4 entirely;\n\n(9) Amending clause 3.5.1 by deleting the words “Every extinguisher shall be provided with a support fitting for, at least, static mounting.”;\n\n(10) Deleting clause 5.2 entirely;\n\n(11) Deleting clause 6.1 entirely and substituting a new clause 6.1 as follows:\n\n“6.1 RATINGS Aerosol fire extinguishers shall be capable of achieving the following ratings\n\n(a) for an extinguisher that contains ABE powder, a minimum classification and rating of 1A, 5B and E in accordance with AS/NZS 1850; or\n\n(b) for an extinguisher that contains BE powder, a minimum classification and rating of 5B, 1F and E in accordance with AS/NZS 1850; or\n\n(c) for liquid based extinguishers a minimum classification and rating of 5B and 1F in accordance with AS/NZS 1850.\n\nExtinguishers not having an E capability shall be marked with the electrical prohibition sign given in clause 9.4.2.”;\n\n(12) Amending clause 6.1.1 by deleting the words “or NZS 4507”;\n\n(13) Amending clause 6.1.2 by deleting the words “or NZS 4507”;\n\n(14) Deleting clause 6.6 entirely;\n\n(15) Deleting clause 6.7 entirely;\n\n(16) Amending clause 6.9 by deleting the words “Every extinguisher shall be provided with a support fitting for at least static mounting.”;\n\n(17) Deleting clause 6.11 entirely;\n\n(18) Deleting clause 7.2 entirely and substituting a new clause 7.2 as follows:\n\n“7.2 INTERMITTENT DISCHARGE The extinguisher shall be subject to an interrupted discharge test as follows: The extinguisher shall be discharged for 3 s nominal, followed by a pause of 10 s nominal, and then discharged for a further 3 s nominal followed by a further pause of 10 s nominal. The balance of the contents shall then be discharged. The extinguisher shall discharge a minimum of 85% by weight of its contents.”;\n\n(19) Amending clause 7.5 by deleting the words “The maximum leak rate permitted shall be in accordance with clause 6.5 after 5 years, the pressure in the extinguisher shall be not less than the minimum discharge pressure.”;\n\n(20) Deleting clause 7.6 entirely;\n\n(21) deleting clause 7.7 entirely;\n\n(22) Deleting clause 7.8 entirely and substituting a new clause 7.8 as follows:\n\n“7.8 POWDER COMPACTION TEST\n\n7.8.1 General A minimum of five extinguishers shall be correctly charged and each extinguisher in turn shall be held in the vertical position and dropped 500 times from a height of 15 ±1 mm at a rate of 1 ±0.02 Hz onto a rigid horizontal steel plate having dimensions greater than those of the extinguisher base.\n\n7.8.2 Bonding All the specimen extinguishers shall be stored at ambient temperature for not less than three months without being disturbed.\n\nPrior to the extinguishers being discharged, they shall be stored at a temperature of 10-25°C for not less than 24 h.\n\n7.8.3 Discharge after compaction At the completion of the bonding period, three of the bonded extinguishers shall be selected and weighed and the results recorded. The discharge time shall be determined as 125% of the time for an uncompacted extinguisher. The test extinguishers shall be discharged for this time in the normal operating mode in their designed configuration. Care shall be taken not to disturb the compacted contents.\n\nThe discharged extinguishers shall be reweighed and the results recorded before proceeding to completely empty the residual powder from the body of each extinguisher. Any evidence of lumps or compacted powder shall be recorded. The extinguishers in their empty state shall be weighed again and the results recorded.\n\nCalculation s shall be performed to ascertain the percentage of the contents discharged.\n\n7.8.4 Acceptance Criteria At least two of the three extinguishers selected shall have discharged not less than 85% by weight of their contents.”;\n\n(23) Amending clause 7.9 by deleting in line 1 the word “The” and replacing it with the words “When an extinguisher is provided with a support fitting the”;\n\n(24) Deleting clause 7.11 entirely;\n\n(25) Deleting clause 7.14(a) entirely;\n\n(26) Amending clause 7.14(b) by deleting the words “and the procedures given in Appendix B”;\n\n(27) Deleting section 8 entirely;\n\n(28) Deleting clause 9.1 entirely and inserting a new clause 9.1 as follows:\n\n“9.1 General The container of each extinguisher shall be marked with identification and operating instructions in accordance with clause 9.4, which shall be clearly visible.”;\n\n(29) Deleting clause 9.2 entirely and inserting a new clause 9.2 as follows:\n\n“9.2 MARKINGS Every extinguisher shall be legibly marked by means of painting or durable labels with the following:\n\n(a) The words ‘STORED PRESSURE AEROSOL FIRE EXTINGUISHER’.\n\n(b) The type of charge, eg powder ABE or BE.\n\n(c) The mass of contents in grams or millilitres.\n\n(d) The words ‘DISCARD AFTER USE. DISCHARGE AND DISCARD BEFORE THE USE BY DATE’ followed by the nominated expiry date.\n\n(e) The words ‘ONE USE ONLY - NOT REFILLABLE’.\n\n(f) Fire test rating as specified in AS/NZS 1850 and this Standard.\n\n(g) The words ‘DO NOT PUNCTURE OR INCINERATE THIS CAN EVEN WHEN EMPTY. KEEP IN A COOL PLACE’.\n\n(h) The words ‘METAL OBJECTS CAN RUST OR CORRODE IN WET AND SALTY CONDITIONS. TO AVOID DETERIORATION OF THE EXTINGUISHER STORE IN A SUITABLE ENVIRONMENT’.\n\n(i) If appropriate the words ‘STORE IN UPRIGHT POSITION – DO NOT INVERT’.”;\n\n(30) Deleting clause 9.3 and substituting a new clause 9.3 as follows:\n\n“9.3 SIZE OF LETTERING The marking required by clauses 9.2(a), 9.2(b), 9.2(c), 9.2(d), 9.2(e), 9.2(f), 9.2(g), 9.2(h), 9.2(i) and 9.4.2 shall be in letters not less than 3 mm high and of a colour contrasting with its background.”;\n\n(31) Amending clause 9.4.2.1 by deleting the words “approximating G21 Jade of AS 2700 or safety green 14 E53 of NZS 5807”;\n\n(32) Amending clause 9.4.2.2 by deleting the words “The red shall approximate R13 signal red of AS 2700 or 04 E53 of NZS 5807.”;\n\n(33) Amending the first paragraph of clause 9.4.3 by deleting the words “in not more than four stages”;\n\n(34) Amending clause 9.5 by deleting the word “by” and replacing it with the word “be” and also deleting the words “or NZS 4507”;\n\n(35) Deleting clause 9.6 entirely;\n\n(36) Deleting clause 9.7 entirely;\n\n(37) Deleting Section 10 entirely;\n\n(38) Deleting Appendix A entirely; and\n\n(39) Deleting Appendix B entirely.\n\nDated this 14th day of December 2004\n\nCHRIS PEARCE  \nParliamentary Secretary to the Treasurer","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":6,"scope_assessment":{"changed":false,"description":"This Notice adopts an existing technical standard (AS/NZS 4353:1995) as the mandatory consumer safety standard but implements targeted technical and labelling variations. It does not broaden coverage to additional types of products beyond non‑rechargeable stored‑pressure aerosol fire extinguishers. The core scope—setting safety/performance requirements for this specific product class—remains the same as the original standard; the Notice changes technical requirements and compliance mechanics rather than expanding the population of regulated products."},"complexity_factors":["39 separate variations to an existing standard (many deletions and substitutions)","Multiple cross-references to other technical standards (AS 2706, AS/NZS 1850, AS 2278) that determine rounding, classification and container requirements (variation 2)","Introduction of new technical test procedures with numerical thresholds (intermittent discharge sequence and ≥85% mass discharge — variation 18)","New powder compaction drop test with storage/bonding, multiple specimen protocol and acceptance criteria (variation 22)","Conditional ratings structure with three alternative minimum rating outcomes tied to AS/NZS 1850 (variation 11: clause 6.1 a–c)","Removal of entire sections and appendices (Sections 8 & 10, Appendices A & B deleted — variations 27, 37–39), increasing reliance on external referenced standards","Multiple scattered textual amendments across clauses (deletions, replacements, word swaps) that require careful clause-by-clause mapping (e.g. clauses 1.3, 1.5, 6.1.1/6.1.2, 7.5, 7.9, 9.1–9.7)","Explicit labelling requirements with mandated wording and minimum letter height (clause 9.2 and 9.3 replacements)","Introduction of rounding/interpretation rule for limiting values via AS 2706 (variation 5), which affects numerical compliance testing and could generate disputes if not uniformly applied"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Makes the Australian/New Zealand Standard AS/NZS 4353:1995 (Portable fire extinguishers — aerosol type) the mandatory consumer product safety standard for non‑rechargeable stored‑pressure aerosol fire extinguishers in Australia from 1 January 2005, but only as modified by this Notice (preamble).\n- Implements 39 specific variations to that Standard: deletes, replaces or amends particular clauses, removes whole sections and appendices, and inserts new technical and marking requirements (variations 1–39). Key changes include:\n  - Replacing the list of referenced documents with a narrowed set that explicitly includes AS 2706 (rounding rules), AS/NZS 1850 (classification, rating and performance testing) and AS 2278 (metal aerosol containers) (variation 2).\n  - Directing that classification and ratings be taken from AS/NZS 1850 (variation 4) and that rounding for limit values follow AS 2706 (variation 5).\n  - Specifying minimum performance ratings depending on the extinguishing agent (variation 11: clause 6.1) with three alternative minimum rating sets tied to AS/NZS 1850.\n  - Requiring an interrupted (intermittent) discharge test sequence and a minimum mass discharge of 85% (variation 18: new clause 7.2).\n  - Introducing a powder compaction (drop) test with storage/bonding and acceptance criteria that at least two of three test units must discharge ≥85% by weight after compaction (variation 22: new clause 7.8).\n  - Removing several design provisions such as mandatory support fittings for static mounting (variations 9 and 16) and deleting several clauses, sections and appendices (many variations).\n  - Tightening and specifying marking and labelling obligations, including mandatory wording (e.g. “STORED PRESSURE AEROSOL FIRE EXTINGUISHER”, expiry instruction, “ONE USE ONLY - NOT REFILLABLE”), minimum letter height of 3 mm, and other legibility/colour changes (variations 28–36).\n\n**Who this affects**\n\n- Manufacturers and importers of non‑rechargeable stored‑pressure aerosol fire extinguishers: they must design, test and label products so they meet the modified AS/NZS 4353:1995 requirements before sale in Australia.\n- Distributors/retailers: liable to supply only products that comply with the mandated standard; they must check labelling and conformity.\n- Test laboratories and conformity assessors: must perform the specified intermittent discharge, powder compaction, and other tests as required (see clauses 7.2 and 7.8 replacements).\n- Consumers: receive extinguishers that must meet the specified performance and labelling rules (including expiry and single‑use instructions).\n\n**Official purpose claim and what that implies**\n\n- The Notice adopts and adapts a technical standard to protect consumers from unsafe aerosol fire extinguishers. It explicitly ties performance classification to AS/NZS 1850 and prescribes particular test outcomes and labelling so that products meet measurable performance and information requirements (see variations 4, 5, 11, 18, 22, 28–31).\n\n**Practical consequences, costs and incentives**\n\n- Compliance costs: manufacturers/importers must ensure design, production and quality control meet the altered tests and marking rules. Concretely this means paying for:\n  - additional or revised testing (intermittent discharge and compaction tests with specified acceptance levels — variations 18 and 22);\n  - updated labelling and packaging to include mandatory wording, expiry dates and minimum letter sizes (variations 28–30);\n  - possible design changes when meeting minimum ratings (variation 11) or when adapting to deleted/changed mechanical requirements (e.g. support fitting deletions at variations 9 and 16).\n- Who pays: the direct costs fall on manufacturers and importers; these costs are likely to be passed to distributors and end consumers through price adjustments in a competitive market.\n- Behavioural incentives: the Notice pushes producers toward meeting specified performance metrics (e.g. ≥85% discharge, classification under AS/NZS 1850) and explicit labelling (single‑use/expiry). This encourages product designs that prioritise single‑use disposable aerosol extinguishers that meet the declared ratings.\n- Substitution effects: some producers may exit the aerosol extinguisher market or pivot to other extinguisher types (e.g. rechargeable units) if compliance costs or technical constraints make aerosol types uneconomic.\n\n**Trade‑offs, implementation risk and compliance burden**\n\n- Trade‑offs: raising or clarifying performance and labelling standards increases consumer information and measurable safety expectations but raises compliance and testing costs for suppliers. Deleting appendices and some design clauses may remove prescriptive guidance and shift interpretation to testing and labelling outcomes (see deletions at variations 27, 37–39).\n- Implementation risk: effective enforcement requires test capacity and regulatory oversight (the Notice is made under the Trade Practices Act framework). Ambiguity can arise where the Notice relies on external standards (AS/NZS 1850, AS 2706); applying and interpreting those standards (e.g. rounding rules, classification procedures) will determine how strict compliance is in practice (variations 2 and 5).\n- Administrative discretion and recordkeeping: regulators will need to assess conformity and may require evidence of testing and labelling. The Notice reduces some prescriptive design rules (support fittings), shifting focus to performance and labelling—this increases the importance of robust test evidence.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits: producers who already meet or can cheaply meet the specified requirements gain clearer market access; test labs and conformity assessors gain demand for services.\n- Diffuse costs: small producers or importers of low‑cost aerosol extinguishers face the bulk of compliance costs, which may be spread across many consumers via higher prices.\n\n**Summary statement**\n\nThis Notice makes a technical safety standard (AS/NZS 4353:1995) mandatory for non‑rechargeable aerosol fire extinguishers but modifies it in multiple places to focus on (a) defined classification and rating via AS/NZS 1850, (b) specific performance tests and pass thresholds (notably intermittent discharge and a powder compaction test requiring ≥85% discharge), and (c) mandatory, more detailed labelling (including expiry and single‑use statements and a minimum 3 mm letter height). The practical effect is to shift compliance from meeting some prescriptive design clauses toward demonstrable test results and mandatory consumer information, imposing compliance costs on manufacturers/importers and raising the need for testing and regulatory verification (see variations 4, 5, 11, 18, 22, 28–31)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing safety standards for aerosol-type portable fire extinguishers. While it modifies the incorporated standard extensively (39 variations), these are technical refinements rather than scope expansion. The deletions of New Zealand-specific references (NZS 4507, NZS 5807) and mounting bracket requirements actually narrow the focus to core safety and performance requirements."},"complexity_factors":["39 specific variations to an incorporated standard (AS/NZS 4353:1995), requiring cross-referencing between the Notice and the underlying Standard","Extensive use of clause-by-clause amendments (deletions, substitutions, and insertions) rather than a consolidated text","Technical testing requirements with precise measurements (e.g., 'dropped 500 times from a height of 15 ±1 mm at a rate of 1 ±0.02 Hz')","Incorporation by reference of three other standards (AS 2706, AS/NZS 1850, AS 2278), creating a web of interdependent technical documents","Conditional logic for different extinguisher types (ABE powder, BE powder, liquid-based) with different rating requirements","Nested procedural requirements for the powder compaction test involving multiple stages (bonding, discharge, weighing, calculation)","Specific typographical and formatting requirements (letter height minimums, colour contrasts)"],"plain_english_summary":"This legislation sets mandatory safety rules for small, single-use aerosol fire extinguishers sold in Australia. These are the small spray cans you might keep in a car or kitchen.\n\n**What it does:**\n- **Adopts a technical standard:** It makes the Australian/New Zealand Standard AS/NZS 4353:1995 legally binding, but with specific changes (called \"variations\").\n- **Sets performance requirements:** Extinguishers must pass tests proving they can actually put out fires (rated 1A/5B/E for powder types, or 5B/1F for liquid types).\n- **Requires specific labelling:** Every can must clearly state it's a \"STORED PRESSURE AEROSOL FIRE EXTINGUISHER,\" list the contents, show an expiry date, warn that it's \"ONE USE ONLY - NOT REFILLABLE,\" and include safety warnings about rust, heat, and proper storage.\n- **Mandates durability tests:** Extinguishers must survive drop tests, leak tests, and a \"powder compaction test\" (dropping the can 500 times to ensure the powder doesn't clump and block the spray).\n- **Bans certain features:** It removes requirements for mounting brackets and deletes New Zealand-specific references, focusing purely on Australian requirements.\n\n**Who it affects:**\n- **Manufacturers and importers:** They must ensure aerosol extinguishers meet these specific technical and labelling standards.\n- **Retailers:** They can only sell extinguishers that comply with this notice.\n- **Consumers:** Anyone buying a small aerosol fire extinguisher gets a product that has passed standardized safety tests and has clear instructions.\n\n**Why it matters:**\nWithout this rule, cheap or poorly made aerosol extinguishers could fail in emergencies—either not spraying properly, leaking over time, or having confusing instructions. This ensures these products actually work when someone's kitchen is on fire."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-9-of-2004-consumer-product-safety-standard-po/documents"}}