Trade Practices Act 1974 - Consumer Protection Notice No. 1 of 2010 - Consumer Product Safety Standard: Vehicle Jacks

This Consumer Protection Notice, made under subsection 65E(1) and for the purposes of section 65C of the Trade Practices Act 1974, revokes the earlier consumer product safety standard for vehicle jacks in Consumer Protection Notice No. 15 of 2003 and declares specified Australian/New Zealand standards (AS/NZS 2693 variants) to be consumer product safety standards for vehicle jacks (the Notice). The declaration attaches to two categories of goods set out in the Schedule.

Mechanically, the Notice does three things.

• It revokes the earlier Notice No. 15 of 2003 (opening recital) and replaces it with the standards and variations listed in the Schedule. The revocation is explicit: "REVOKE the consumer product safety standard for vehicle jacks declared by consumer protection notice No. 15 of 2003" (opening recital).
• It declares, with a temporal differentiation, that certain Standards Australia-approved standards are "consumer product safety standards for the purposes of section 65C of the Trade Practices Act 1974" in respect of goods described in Division 1(a) and 1(b) of the Schedule (clause (b)(i) and (ii)). For goods in Division 1(a) (general vehicle jacks up to and including 8 tonnes, excluding Division 1(b) jacks), the Notice allows a choice between three standards (AS/NZS 2693:2007; AS/NZS 2693:2003 without Amendment No.1 (2004); AS/NZS 2693:1993 as amended 1994) until 30 June 2011, and then from 1 July 2011 the 2007 edition (as varied) becomes the sole operative standard (note after Division 3 and Division 2). For goods in Division 1(b) (certain model‑specific jacks manufactured before 1 July 2011 and supplied with or as a replacement for a specific vehicle), the choice between the three standards continues beyond 1 July 2011 (clause (b)(i-ii) and the Note).
• It incorporates the Standards Australia documents by reference and varies them by specific deletions, replacements and amendments set out in Division 3 of the Schedule. These variations include replacement of the Standards' clause 1 (Scope), deletion of certain clauses such as 6.3 (in some editions), modification of warning‑labelling requirements (clause 7.1.2(f) replacement) including specifying warning text and pictograms, and deletions in Appendices (Division 3(a)-(f) and following subparagraphs).

Operationally, the Notice sets the legal obligations for suppliers, manufacturers and importers of the defined goods to meet the stated AS/NZS standard version and the Notice’s variations. It does not itself specify penalties or enforcement procedures in the text of the Notice; it identifies the statutory basis for the declaration as s 65C and s 65E(1) of the Trade Practices Act 1974, which are the legal hooks for a consumer product safety standard regime.

The Schedule specifies the product scope precisely: jacks with a nominated capacity "up to and including 8 tonnes" designed to raise vehicles, excluding devices that "raise an entire vehicle" (as replaced clause 1 in Division 3), as well as the carve‑out and special treatment for model‑specific jacks manufactured before 1 July 2011 that are limited in application and supplied with or as replacements for particular vehicles (Division 1(b)). The Notice also lists the exact standards and the approved dates and, in one case, excludes a Standards Australia amendment from incorporation (Division 2(b)).

In short, the Notice substitutes a defined, versioned set of technical standards, with specified textual variations, as the consumer product safety standard for vehicle jacks up to 8 tonnes, sets a phased transition between standard versions for general jacks (Division 1(a)), and preserves a longer transition for certain vehicle‑specific jacks (Division 1(b)).

The Notice’s central legal concept is the incorporation of technical standards as consumer product safety standards under the Trade Practices Act 1974. It does this by naming specific AS/NZS standards and by making limited textual variations to those standards before declaring them binding for the goods identified.

Key definitional and scope concepts in the Schedule:

• Nominated capacity threshold. The scope is expressly limited to "vehicle jacks with a nominated capacity of up to and including 8 tonnes" (Division 1 heading). That numeric threshold is the primary product boundary and applies to both Division 1(a) and 1(b) goods.
• Product purpose and exclusion. The varied clause 1 that replaces the standards’ original scope states: "This Standard specifies requirements for the design, construction, performance and labelling of jacks with a nominated capacity of up to and including 8 tonnes, which are designed to raise vehicles. It does not include devices that raise an entire vehicle" (Division 3(a) and corresponding variations for 2003 and 1993 editions). That textual replacement narrows the standards’ application away from devices that raise an entire vehicle.
• Two classes of goods. Division 1 separates goods into two classes:
  • Division 1(a): general vehicle jacks up to and including 8 tonnes, excluding the specialised goods in (b).
  • Division 1(b): vehicle jacks up to and including 8 tonnes manufactured before 1 July 2011 that are limited to a specific vehicle or model, intended to lift that specific vehicle at specific engagement points, and supplied with the vehicle or as a replacement for the original jack (Division 1(b)(i)-(iii)).
• Temporal transition. The Notice institutes a phased approach. For Division 1(a) goods, suppliers may use any of the three listed standards until 30 June 2011; from 1 July 2011 only the 2007 standard (as varied) will operate as the consumer product safety standard for those goods (note following Division 3). For Division 1(b) goods, the choice among the three standards continues after 1 July 2011 (clause (b)(ii) and the Note).
• Specified standard versions and exclusions. The Notice lists three versions of AS/NZS 2693: the 2007 edition (approved 15 November 2006), the 2003 edition expressly "not incorporating Amendment No. 1 published by Standards Australia on 21 April 2004", and the 1993 edition as amended by Amendment No. 1 on 11 April 1994 (Division 2(a)-(c)). The explicit exclusion of the 2004 Amendment for the 2003 edition is a specific textual constraint on which variant of the 2003 standard can be relied on as a consumer product safety standard.

The Notice’s operative effect falls mainly on those who make, import or supply the goods described in Division 1. The text does not enumerate named categories such as "manufacturers", "importers", "retailers" or "distributors", but the Declaration that specified Standards are "consumer product safety standards for the purposes of section 65C" locates obligations on suppliers of the defined goods in respect of safety compliance. From the Schedule, the affected parties and how they are affected can be described concretely.

• Suppliers of general vehicle jacks (Division 1(a)). Any person or entity that supplies vehicle jacks with nominated capacity up to and including 8 tonnes and not captured by Division 1(b) is affected. From the date of this Notice (4 February 2010), such suppliers face a choice among the three listed AS/NZS 2693 versions as the applicable standard until 30 June 2011, after which the 2007 version (as varied) is the sole consumer product safety standard for those goods (Division 2 and the Note). This choice affects product specification, testing, labelling and likely production runs during the transition period.
• Suppliers of model‑specific or vehicle‑specific jacks manufactured before 1 July 2011 (Division 1(b)). Those producing or supplying jacks that are limited to a specific vehicle or model, intended to be used at specific engagement points, and supplied either with the vehicle or as a replacement for the original jack, are treated differently. The Notice permits such goods (manufactured before 1 July 2011) to continue to rely on any of the three listed standards indefinitely (i.e. after 1 July 2011 the choice remains available "only" in respect of Division 1(b) goods) (Division 1(b) and the Note). Therefore manufacturers of model‑specific jacks or vehicle OEMs supplying jacks with vehicles will need to identify production dates, and for product manufactured before 1 July 2011 may apply any listed standard (subject to the Notice’s variations).
• Standards users and conformity bodies. Organisations that reference AS/NZS 2693 for certification, testing laboratories, and conformity assessment bodies will be affected because the Notice varies the text of the incorporated standards (Division 3). The variations delete certain clauses,such as clause 6.3 or 5.9 in older editions,and replace scope and labelling clauses, which will change the test methods and labelling requirements that these bodies must apply when assessing compliance under the consumer product safety standard.
• Standards Australia and document provenance. The Notice depends on Standards Australia approvals and on named approval dates for the standards (Division 2). It also explicitly excludes one Standards Australia amendment for the 2003 edition, meaning suppliers must be attentive to the precise version and whether amendments are incorporated (Division 2(b)).

The Notice creates duties by making specified AS/NZS standards (as varied) the consumer product safety standards applicable to the goods identified. It does not create lists of criminal offences or monetary penalties in its text; rather, it situates obligations in the framework of the Trade Practices Act 1974 by reference to section 65C and the exercise of power under subsection 65E(1). The Notice sets out, in detail, the technical and labelling prescriptions that suppliers must implement when supplying the goods.

Key duties arising from the Notice’s text:

• Duty to supply jacks that conform to the applicable standard version as varied. For goods in Division 1(a), suppliers must ensure product conforms to either AS/NZS 2693:2007 (as varied), AS/NZS 2693:2003 without Amendment No.1, or AS/NZS 2693:1993 as amended to 1994, during the transition period until 30 June 2011, and from 1 July 2011 must ensure product conforms to AS/NZS 2693:2007 as varied (Division 2 and Note). For Division 1(b) goods manufactured before 1 July 2011, suppliers may rely on any of the three standards (Division 1(b) and Note).
• Duty to apply the Notice’s specific textual variations to the referenced standards. The Notice does not permit unvaried adoption of the standards; it prescribes deletions and replacements to clauses such as the Scope (clause 1), deletions of clauses 5.8, 5.9 or 6.3 in certain editions, changes to references to operating force in clause 6.7(c), and a replacement for clause 7.1.2(f) labelling requirements (Division 3).
• Duty to include prescribed warning content. The variation to clause 7.1.2(f) requires either text warning advice "against getting under a vehicle that is supported by a jack" and/or a pictogram form of that warning, with particular pictogram features (a side view of a person lying partially or wholly under a side view of a vehicle supported by a jack, with either a cross or a circle with a slash) (Division 3(d)). Examples are provided in the Notice.
• Duty to respect the capacity and purpose limits. The substituted clause 1 explicitly narrows the standard’s scope to jacks "with a nominated capacity of up to and including 8 tonnes" and excludes "devices that raise an entire vehicle" (Division 3(a) and analogous variations for other editions). Suppliers must therefore classify their product against that capacity and purpose boundary.
• Duty to observe temporal restrictions. The Notice creates timing obligations: the three‑standard choice for Division 1(a) goods exists only until 30 June 2011; from 1 July 2011 only the 2007 standard is operative for those goods (Note). Suppliers must track manufacture dates and supply dates insofar as they trigger different regulatory choices for Division 1(b) goods.

The Notice itself does not set out penalty amounts, enforcement procedures, or recall mechanisms. It is a Ministerial declaration under subsection 65E(1) and for the purposes of section 65C of the Trade Practices Act 1974; those statutory provisions are the Notice’s legal basis and, in the statutory framework, determine enforcement and penalty mechanisms. The Notice’s text does not reproduce or restate those enforcement provisions; it limits itself to declaring specified standards as consumer product safety standards and to setting the Schedule’s product scope and variations.

From the Notice’s text the following enforcement‑relevant points can be drawn:

• Statutory provenance. The Notice is made "pursuant to subsection 65E(1) of the Trade Practices Act 1974 and for the purposes of section 65C" (opening recital). Those cross‑references are the Notice’s enforcement hook in the statutory regime. Any penalties, directions to recall or other enforcement actions would arise under the Trade Practices Act 1974 provisions, not within the body of this Notice.
• Declaratory effect as compliance benchmark. Because the Notice declares specific AS/NZS standards (as varied) to be consumer product safety standards, failure to meet one of the declared standards in supplies of the covered goods would mean those goods are not in conformity with the consumer product safety standard the instrument sets. The practical consequence is that a supplier cannot assert compliance by meeting a different standard or an unvaried edition where the Notice requires a variation or excludes a particular amendment (Division 2 and Division 3).
• No explicit recall or defect notification text. The Notice does not itself impose recall obligations or require notification of unsafe goods. Any recall or mandatory remedial steps would stem from the Trade Practices Act 1974 enforcement machinery under s 65C, s 65E or other relevant provisions; the Notice does not specify how those would be implemented.
• Temporal transition and compliance risk. The Notice’s schedule creates transitional risk points (notably 1 July 2011). From that date the list of acceptable standards for Division 1(a) products narrows to a single edition (Division 2 and Note). Suppliers who fail to transition might thereby supply goods that fall outside the declared consumer product safety standard for those goods, potentially exposing them to enforcement action under the Act’s consumer product safety provisions.
• Standards variation and conformity assessment. The Notice varies certain clauses of the AS/NZS documents (Division 3). Where clauses are deleted (for example clause 6.3 or 5.8/5.9 in some editions) or wording changed (for example clause 7.1.2(f)), conformity assessments and test reports that follow the unvaried AS/NZS text could be judged non‑compliant if they do not reflect the Notice’s variations. Enforcement agencies assessing compliance will therefore apply the combined legal text: the AS/NZS standard as varied by this Notice.

The Notice expressly interacts with the Trade Practices Act 1974 by operation of the recitals: it is made "pursuant to subsection 65E(1) of the Trade Practices Act 1974 and for the purposes of section 65C" (opening recital). Within the instrument itself, the primary legal interaction is therefore with the statutory scheme for consumer product safety established by the Trade Practices Act 1974. The Notice does not mention other statutes by name; all external legal effects must be inferred from the statutory basis and from the fact that it incorporates external technical standards by reference.

Concrete legal interaction points in the text:

• Enabling statute reference. The Notice relies on s 65C and s 65E(1) of the Trade Practices Act 1974 to declare the standards as consumer product safety standards. This situates the Notice within the broader product safety framework created by the Act, where the Act’s provisions determine enforcement, recall powers, offence provisions and related administrative processes. The Notice itself does not reproduce those mechanisms; it only supplies the operative standard content under the Act.
• Standards Australia documents incorporated. The Notice incorporates AS/NZS standards approved by Standards Australia on specified dates (Division 2). That imports technical content,design, construction, performance, labelling test methods and appendices,into the statutory regime by reference, but modified by the Notice’s explicit textual variations (Division 3). The legal effect is that the substantive technical requirements of those Standards (as varied) become part of the consumer product safety standard under the Trade Practices Act 1974.
• Variations override or modify Standards text. Where the Notice varies clauses in the AS/NZS documents (for instance by deleting clause 6.3 or replacing clause 1 or clause 7.1.2(f)), the Notice’s variations form part of the legally binding standard in place of or in addition to the original Standards text. That means for legal interpretation, the Notice’s variations must be read together with the published AS/NZS standards, and the combined text is the regulatory standard enforced under the Act.
• Versioning and amendments. The Notice makes specific choices about which editions and which amendments of the AS/NZS standards apply. For example, it accepts the AS/NZS 2693:2003 "not incorporating Amendment No. 1 published by Standards Australia on 21 April 2004" (Division 2(b)). This interaction requires attention to standards provenance when cross‑referencing certified test reports or conformity certificates that might reference different amendment incorporations.

The Notice contains its own internal amendment record and effectuates a change to earlier regulatory instruments.

• Revocation of former consumer product safety standard. The opening paragraph explicitly revokes "the consumer product safety standard for vehicle jacks declared by consumer protection notice No. 15 of 2003 published in the Commonwealth of Australia Gazette No. GN 50 of 17 December 2003" (opening recital (a)). That is the principal amendment action the Notice takes to the statutory instrument landscape: it removes the earlier declared standard from operation.
• Date of the new Notice. The Notice is dated "this 4th day of February 2010" and signed by Craig Emerson, Minister for Competition Policy and Consumer Affairs. That date is the effective date of the instrument unless the enabling Act provides different operative timing; the Notice itself does not specify delayed commencement beyond the transitional scheduling for standards noted elsewhere.
• Standards approval dates and amendments. The Schedule lists the Standards Australia approval dates for the referenced standards:
  • AS/NZS 2693:2007, approved by Standards Australia on 15 November 2006 (Division 2(a)).
  • AS/NZS 2693:2003, approved on 28 February 2003, with the explicit caveat "not incorporating Amendment No. 1 published by Standards Australia on 21 April 2004" (Division 2(b)).
  • AS/NZS 2693:1993, approved 17 May 1993, "as amended by Amendment No. 1 published by Standards Australia on 11 April 1994" (Division 2(c)).
• Variations to the standards. Division 3 sets out variations to the 2007, 2003 and 1993 editions. For AS/NZS 2693:2007, the Notice replaces clause 1 (Scope) with a revised scope, deletes clause 6.3, amends clause 6.7(c) by removing a textual reference to operating force limits, replaces clause 7.1.2(f) with a labelling/warning requirement including pictogram options, amends clause 8.3(a) wording, and removes particular sentences in Appendix F clauses (Division 3(a)-(f)). Comparable but not identical variations are applied to the 2003 and 1993 editions: the 2003 edition has clause 1 replaced, clauses 5.8 and 6.3 deleted, clause 6.7(c) amended similarly, and Appendix F text deletions; the 1993 edition has clause 1 replaced and clause 5.9 deleted (Division 3).
• Transition timeline. The Notice creates a transition timeline for the choice of standard versions: the "choice between three consumer product safety standards in this consumer product safety notice is available until 30 June 2011" for Division 1(a) goods. From 1 July 2011, Division 2(a) (AS/NZS 2693:2007, as varied) will be the only consumer product safety standard for Division 1(a) goods (Note). For Division 1(b) goods manufactured before 1 July 2011 the choice remains available beyond 1 July 2011 (Note).

The Notice itself contains no litigation history. It does not mention any court decisions, administrative proceedings, or legal challenges either to the prior Notice (No. 15 of 2003) or to the standards it declares. The instrument is a ministerial declaration under the Trade Practices Act 1974 and is presented as an administrative regulatory instrument; the provided text does not record any litigation that might have influenced its drafting.

What can be said, strictly from the Notice text:

• Absence of cited cases. The Notice contains no references to court decisions, tribunal findings, or previous litigation. It neither cites case law nor summarises judicial interpretation of the standards or of the Trade Practices Act 1974 provisions invoked.
• No recorded challenges to the instrument within the text. The Notice does not include a preamble recounting litigation history, nor does it record any judicially mandated changes to the prior consumer product safety standard No. 15 of 2003.
• Inferences about litigation are not in the instrument. Because the Notice does not record judicial engagement, any discussion of litigation risk, prior challenges or likely legal disputes would be extraneous to the text. The Notice simply records the Minister’s exercise of the statutory power to declare standards under s 65C and s 65E(1).

For practitioners seeking litigation context, the absence of litigation detail in the Notice means one must consult external sources: statutes, administrative decisions, tribunal records or court judgments under the Trade Practices Act 1974 to find any disputes about consumer product safety standards or enforcement actions. None of that material is present in the Notice itself.

The Notice includes several detailed drafting choices and transitional rules that create practical compliance traps and interpretive pitfalls. These are concrete points in the text that can affect suppliers, testers and purchasers if overlooked.

• Version and amendment specificity. The Notice accepts AS/NZS 2693:2003 "not incorporating Amendment No. 1 published by Standards Australia on 21 April 2004" (Division 2(b)). That is a precise negative selection: a certificate or test report claiming conformity to "AS/NZS 2693:2003" may in practice incorporate Amendment No.1; unless the supplier can show the amendment was not applied, the conformity evidence might not match the instrument’s permitted version. Suppliers and test houses must be explicit about which edition and which amendments were applied.
• Division 1(b) carve‑out dependence on manufacture date. Division 1(b) applies only to "vehicle jacks with a nominated capacity of up to and including 8 tonnes manufactured before 1 July 2011" that meet the listed limitations (limited application to a specific vehicle; intended use at specific engagement points; supplied with the specific vehicle or as a replacement). The manufacture date is therefore a determinative fact. If a supplier cannot prove the jack was manufactured before 1 July 2011, they cannot rely on the ongoing choice among standards for Division 1(b) goods; for jacks manufactured on or after 1 July 2011 and not otherwise captured, Division 1(a) rules apply.
• Narrow functional description in Division 1(b). Division 1(b) requires the jack to be "limited in their application to a specific vehicle or model(s) or model designation(s)" and "intended to be used to lift the specific vehicle or model(s) ... at only the specific engagement points." That narrow functional description may exclude many commonly sold "vehicle‑specific" jacks if they are designed to fit more than one model or designed for general purpose. Suppliers should not assume "OEM fitment" automatically qualifies a jack under Division 1(b).
• Pictogram and labelling specifics. The Notice replaces clause 7.1.2(f) with a two‑option labelling requirement: textual warning against getting under a vehicle supported by a jack and/or a pictogram with specified visual elements (Division 3(d)). The pictogram must depict a side view of a person lying partially or wholly under a vehicle supported by a jack, with either a cross or circle‑with‑slash through it. The Notice supplies example images (image.001.png, image.002.png). Suppliers who use alternative pictogram designs or differently worded warnings risk non‑compliance.

Compliance under this Notice requires combining the text of the applicable AS/NZS 2693 standard edition with the specific variations the Notice prescribes and observing the Schedule’s product scope and temporal transition rules. The following steps are a practical compliance checklist grounded in the Notice’s text.

1. Classify the product precisely.

   • Confirm the jack’s nominated capacity is "up to and including 8 tonnes" (Division 1 heading). If the nominated capacity exceeds 8 tonnes, the Notice does not apply.
   • Determine whether the jack is a device that "raises an entire vehicle". If it does, it falls outside the standard’s scope as varied in the replacement clause 1 (Division 3(a)).
   • Determine whether the jack falls into Division 1(b): was it manufactured before 1 July 2011; is it limited in application to a specific vehicle or model(s); is it intended to be used at only the specific engagement points; and is it supplied with the specific vehicle or as a replacement for the original jack (Division 1(b)(i)-(iii)). These are conjunctive requirements for the carve‑out.

2. Select the applicable standard edition according to the Schedule and timing.

   • For Division 1(a) goods supplied before 1 July 2011: you may choose AS/NZS 2693:2007 (Division 2(a)), AS/NZS 2693:2003 "not incorporating Amendment No.1" (Division 2(b)), or AS/NZS 2693:1993 as amended (Division 2(c)). Ensure the chosen edition’s content is applied together with the Notice’s variations.
   • For Division 1(a) goods supplied on or after 1 July 2011: you must use AS/NZS 2693:2007 as varied (Division 2(a) and Note).
   • For Division 1(b) jacks manufactured before 1 July 2011: you retain the choice among the three standards beyond 1 July 2011 (Division 1(b) and Note). Make sure manufacture dates are documented.

3. Apply the Notice’s variations to the selected standard.

   • Replace clause 1 (Scope) in the standard with the Notice’s replacement clause 1 text that states the standard applies to jacks up to and including 8 tonnes and excludes devices that raise an entire vehicle (Division 3(a) and analogues for 2003 and 1993).
   • Delete clause 6.3 (for 2007 and 2003 editions where the Notice deletes 6.3) or delete clause 5.9 in the 1993 edition as specified (Division 3(b) and corresponding points).
   • Remove operating‑force references in clause 6.7(c) and the related Appendix F sentences or phrases the Notice directs to be deleted (Division 3(c), (e), (f)).