Commonwealth legislation

Trade Practices Act 1974 - Consumer Protection Notice No. 26 of 2010 - Unsafe Goods Notice

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legislative instrument

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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.

It 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.

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Trade Practices Act 1974 - Consumer Protection Notice No. 26 of 2010 - Unsafe Goods Notice

COMMONWEALTH OF AUSTRALIA

TRADE PRACTICES ACT 1974

Consumer Protection Notice No. 26 of 2010

UNSAFE GOODS NOTICE

I, 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.

Particulars of Goods:

1. Potty skimmers designed for installation in domestic swimming pools or spas.

2. 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.

Note: 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.

3. 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.

Interpretation:

"ANSI" means American National Standards Institute.

"ASME" means American Society of Mechanical Engineers.

"ASTM" means American Society for Testing and Materials.

"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.

"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.

Note: 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].

Dated this 16th day of July 2010.

CRAIG ANTHONY EMERSON

Minister for Competition Policy and Consumer Affairs

Source text

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

1 Trade Practices Act 1974 - Consumer Protection Notice No. 26 of 2010 - Unsafe Goods Notice