Commonwealth legislation

Competition and Consumer Act 2010 - Consumer Protection Notice No. 3 of 2014 - Safety Standard: Child Restraint Systems for use in Motor Vehicles

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This notice cancels the 2011 consumer safety standard and declares specified editions of AS/NZS 1754 (2013, 2010, 2004) — as varied here — to be the alternative safety standard for child restraint systems, with a list of deletions and changes to those standards. It covers child restraints, related components, booster seats and booster cushions used in motor vehicles (excluding disability-specific restraints and integrated vehicle features). Manufacturers, importers and retailers must meet the declared standard versions or risk enforcement under the Australian Consumer Law, so industry bears the compliance and testing burden while the regulator determines acceptable technical variants.

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Direct links to the current provisions in Competition and Consumer Act 2010 - Consumer Protection Notice No. 3 of 2014 - Safety Standard: Child Restraint Systems for use in Motor Vehicles.

Competition and Consumer Act 2010 - Consumer Protection Notice No. 3 of 2014 - Safety Standard: Child Restraint Systems for use in Motor Vehicles

COMPETITION AND CONSUMER ACT 2010

Consumer Protection Notice No. 3 of 2014

SAFETY STANDARD: CHILD RESTRAINT SYSTEMS FOR USE IN MOTOR VEHICLES

I, the Hon. Bruce Billson MP, Minister for Small Business, pursuant to subsection 105(1) of the Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010, hereby:

(a) REVOKE the Consumer Product Safety Standard declared under section 105(1) of the ACL by Consumer Protection Notice No. 21 of 2011;

(b) DECLARE that, in respect of consumer goods of a kind specified in Division 1 of the Schedule to this Notice, each version of the standard approved by Standards Australia specified in Division 2 of the Schedule, as varied by Division 3 of the Schedule, is an alternative safety standard for the purposes of section 106 of the ACL.

THE SCHEDULE

Division 1: Particulars of the consumer goods

The following consumer goods are specified:

(1) Child restraints for use in motor vehicles, being devices to reduce the risk of bodily injury to a child passenger in the event of a motor vehicle impact.

(2) Components:

(a) to restrain a child in a child restraint;

(b) to anchor a child restraint to a motor vehicle; and

(3) Booster seats for use in motor vehicles, being devices:

(a) for raising a child’s position in a motor vehicle; and

(b) for adapting an adult seat belt for use as a child restraint; and

(4) Booster cushions for use in motor vehicles, being devices:

(a) for raising a child’s position in a motor vehicle; and

(b) for adapting an adult seat belt for use as a child restraint; and

Note: This safety standard does NOT apply to motor vehicle child restraints designed for children with a disability or to items that are an integrated feature of a motor vehicle.

Division 2: The Declared Standard

Australian/New Zealand Standard AS/NZS 1754:2013, Child restraint systems for use in motor vehicles, approved by Standards Australia and published on 7 June 2013;

Australian/New Zealand Standard AS/NZS 1754:2010, Child restraint systems for use in motor vehicles, published 24 February 2010 as amended by, and incorporating, all amendments approved and published by Standards Australia prior to the date of this instrument;

Australian/New Zealand Standard AS/NZS 1754:2004, Child restraint systems for use in motor vehicles, published 8 November 2004 as amended by, and incorporating, all amendments approved and published by Standards Australia prior to the date of this instrument.

Division 3: Variations

Australian/New Zealand Standard AS/NZS 1754:2013 is varied by:

(1) Deleting the text “passenger cars and their derivatives,” and replacing with “motor vehicles,” in the first sentence of clause 1.1;

(2) Deleting the second sentence of clause 1.1;

(3) Deleting clause 1.6;

(4) Deleting clauses 2.3; 2.4; and 2.5;

(5) Deleting clauses 3.13; 5.2.2(b); and 6.3(h);

(6) Deleting clauses 3.14; 4.6; 5.8; 6.3(r); 6.4.3(v); 6.4.3(oo); 6.6(n)(E); and 6.6(x);

(7) Deleting the following texts in Table 5.1:

(a) ‘For aircraft testing TNO P¾’;

(b) ‘For aircraft testing TNO P1½’;

(d) ‘For aircraft testing TNO P6’;

(8) Deleting Figures 3.17; and 6.5;

(9) Deleting the second paragraph of clause 5.1; and

(10) Deleting Appendix F.

Australian/New Zealand Standard AS/NZS 1754:2010 (as amended) is varied by:

(1) Deleting the text “passenger cars and their derivatives,” and replacing with “motor vehicles,” in the first sentence of clause 1.1;

(2) Deleting the second sentence of clause 1.1;

(3) Deleting clauses 2.3; 2.4; and 2.5; and

(4) Deleting clauses 3.12; 5.2.2(b); and 6.3(h).

Australian/New Zealand Standard AS/NZS 1754:2004 (as amended) is varied by:

(1) Deleting the text “passenger cars and their derivatives,” and replacing with “motor vehicles,” in the first sentence of clause 1.1;

(2) Deleting the second sentence of clause 1.1;

(3) Deleting clauses 2.4; 2.5; and 2.6; and

(4) Deleting clauses 3.12; 5.2.2(b); and 6.3(h).

Dated this 11th day of September 2014.

The Hon Bruce Billson MP

Minister for Small Business

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Competition and Consumer Act 2010 - Consumer Protection Notice No. 3 of 2014 - Safety Standard: Child Restraint Systems for use in Motor Vehicles

COMPETITION AND CONSUMER ACT 2010

Consumer Protection Notice No. 3 of 2014

SAFETY STANDARD: CHILD RESTRAINT SYSTEMS FOR USE IN MOTOR VEHICLES

I, the Hon. Bruce Billson MP, Minister for Small Business, pursuant to subsection 105(1) of the Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010, hereby:

(a) REVOKE the Consumer Product Safety Standard declared under section 105(1) of the ACL by Consumer Protection Notice No. 21 of 2011;

THE SCHEDULE

Division 1: Particulars of the consumer goods

The following consumer goods are specified:

(1) Child restraints for use in motor vehicles, being devices to reduce the risk of bodily injury to a child passenger in the event of a motor vehicle impact.

(2) Components:

(a) to restrain a child in a child restraint;

(b) to anchor a child restraint to a motor vehicle; and

(3) Booster seats for use in motor vehicles, being devices:

(a) for raising a child’s position in a motor vehicle; and

(b) for adapting an adult seat belt for use as a child restraint; and

(4) Booster cushions for use in motor vehicles, being devices:

(a) for raising a child’s position in a motor vehicle; and

(b) for adapting an adult seat belt for use as a child restraint; and

Note: This safety standard does NOT apply to motor vehicle child restraints designed for children with a disability or to items that are an integrated feature of a motor vehicle.

Division 2: The Declared Standard

Australian/New Zealand Standard AS/NZS 1754:2013, Child restraint systems for use in motor vehicles, approved by Standards Australia and published on 7 June 2013;