Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010

These Regulations, made under subsection 65C(2) of the Trade Practices Act 1974 (since replaced by the Competition and Consumer Act 2010), prescribe a mandatory consumer product safety standard for corded internal window coverings supplied in Australia. The standard applies to coverings supplied after 30 December 2010 and imposes three interlocking requirements: warning labels on retail packaging, a warning label or swing tag attached to the cord itself, and installation instructions containing specific content mandated by regulation 9. It also imposes design requirements on cord guides if supplied with the covering. Mechanically, the Regulations convert what were formerly separate state and territory bans and declarations (enumerated in the transitional table at regulation 4A) into a single national safety standard. The transitional provision allowed suppliers, between 31 December 2010 and 30 June 2011, to comply with existing state instruments such as the NSW Fair Trading Regulation 2007 or the Victorian fixed-term ban order as an alternative to the new Commonwealth standard. After 30 June 2011, only the Commonwealth standard applies. The Regulations do not ban corded internal window coverings outright; they mandate specific warnings, instructions and cord-guide design criteria. The core safety concern is strangulation risk to young children from loose cords forming loops. The standard targets that risk by requiring that after installation a loose cord cannot form a loop 220 mm or longer at a height of less than 1 600 mm above floor level. The supplier’s duty is to provide the components (cleats, cord guides) and instructions necessary to achieve that outcome, not to warrant that the end user will install the product correctly. The costs of compliance include label printing, packaging redesign, inclusion of hardware, and the labour of updating installation manuals. These costs fall on the supplier and are ultimately passed through to consumers in the price of blinds and curtains. The Regulations do not set a ceiling on those costs or provide exemptions for small volume suppliers. For independent curtain and blind manufacturers who do not have scale, the per‑unit compliance cost can be significant. The standard also displaces private ordering: a supplier cannot contract out of these requirements, and a consumer cannot waive them.

Corded internal window covering is defined broadly in regulation 5: it means a window covering such as a curtain or blind, or fittings used with a covering (e.g., traverse rod or track), that can be used inside a building and has a cord. This includes roller blinds, Roman blinds, vertical blinds, venetian blinds and curtain tracks with draw cords, as well as any accompanying cords such as continuous loop chains or beaded cords. The definition captures any cord - rope, strap, string, chain, line or wire - used to manipulate the covering. Cord guide is a device designed to retract, tension or secure a cord. Regulation 6(2) imposes safety performance criteria: if a cord guide is supplied, it must remain attached to the wall or structure when subjected to a tension of 70 N in any direction for 10 seconds, and it must prevent the possibility of a cord forming a loop 220 mm or longer at a height of less than 1 600 mm. This is an objective design standard: the cord guide must be engineered to pass that test. A cleat is defined as a device with a bar and arms around which a cord can be wound, attachable to a wall. The installation instructions (regulation 9(b)(iii)) require that a cleat must be installed at least 1 600 mm above floor level because a child can unwind cord from a cleat. The warning label requirements are detailed: on retail packaging (regulation 7), the label must contain a specific warning in red uppercase letters at least 5 mm high on a white background. On the cord itself (regulation 8), a label or swing tag must contain a more detailed warning with ‘WARNING’ in uppercase letters at least 5 mm high and the rest in lowercase at least 1.5 mm high. The warning on the cord also says “Do not remove this label,” though there is no separate penalty for removal by a consumer (the supplier is responsible for attaching it). The installation instructions (regulation 9) must include a statement about avoiding strangulation hazard by ensuring loose cord cannot form a loop 220 mm or longer below 1 600 mm, plus practical suggestions: that a cord guide may be installed lower than 1 600 mm if the cord is sufficiently secured, that if installed lower it must be designed to prevent a child removing the cord, and that a cleat must be at least 1 600 mm. The concept of supplied is important: the Regulations apply to coverings supplied after 30 December 2010, meaning that stock in trade before that date is not subject. The transitional table in regulation 4A lists eight state and territory instruments that were accepted as equivalent during the six‑month transitional window. This national standard replaced a patchwork of state bans and declarations, reducing regulatory fragmentation but also eliminating the possibility for a supplier to choose a less onerous state regime.

The Regulations directly affect any person or entity who supplies corded internal window coverings in the course of trade or commerce in Australia. This includes manufacturers, importers, wholesalers, retailers and online sellers (e.g., eBay, Etsy, Amazon sellers who ship to Australia). The term “supply” under the Trade Practices Act (now the Australian Consumer Law) is broad: it includes supply by way of sale, exchange, lease, hire or hire‑purchase. The Regulations apply to coverings supplied after 30 December 2010, so any supplier who still holds pre‑2010 stock cannot supply it after that date unless it complies with the standard. The transitional provision gave a brief period for stock compliant with state regimes, but after 30 June 2011 only the Commonwealth standard suffices. Small businesses - such as independent curtain makers, blind installers and home‑sewn curtain suppliers - are particularly affected because they lack the purchasing power to absorb the cost of label printing, cord guides and cleats as a line item. The Regulations do not exempt micro‑businesses or custom‑made products. A custom‑made Roman blind for a single customer must carry the same warning label and instructions as a mass‑produced product. For a small manufacturer, ordering custom‑printed swing tags in small quantities is expensive per unit. Retailers must ensure that products they sell are compliant; they cannot rely solely on a supplier’s assurance without due diligence. The Australian Consumer Law imposes a strict liability regime for safety standards; a retailer who unknowingly sells a non‑compliant blind faces penalties even if the defect originated with the importer. Consumers are affected only indirectly: they must follow the installation instructions to avoid the safety hazard. The Regulations impose no duties on consumers, but the warning on the cord says “Do not remove this label”, though that is not enforceable against consumers (it is a label that the supplier must attach, and removal may be a practical risk). Inspectors and enforcers - the Australian Competition and Consumer Commission (ACCC) and state fair trading agencies - have the power to issue infringement notices, seek injunctions and pursue penalties for breaches. The Regulations are a legislative instrument, so failure to comply with the safety standard is an offence under section 65C of the former Trade Practices Act (now section 106 of the Australian Consumer Law). The affected market includes the Australian blind and curtain industry, which includes large importers such as Hunter Douglas and countless smaller fabricators. The standard raised the barrier to entry for new suppliers, as the upfront compliance costs are the same regardless of volume. It also created a market for cord‑safety components (cord guides, cleats, tensioners) that must now be supplied with almost every blind. This benefits manufacturers of those components, who gained a captive customer base.

The central duty is on the supplier of a corded internal window covering: the supply must be accompanied by four things specified in regulation 6(1): (a) a warning label on the retail packaging (if the covering is in retail packaging); (b) a warning label or swing tag attached to the cord; (c) installation instructions containing the information in regulation 9; and (d) any components specified in those installation instructions as necessary for cord safety requirements. The supplier is not required to perform the installation; the duty is only to provide the instructions and components. However, regulation 6(2) imposes a design duty: if a cord guide is supplied, it must meet the two performance criteria (70 N tension retention and preventing a loop ≥220 mm below 1 600 mm). The supplier is not required to supply a cord guide at all, but if they choose to, it must comply. Suppliers may choose not to include a cord guide and rely on a cleat or other method, but the installation instructions must then specify that the cleat must be at least 1 600 mm high. The duty does not extend to ensuring that the end user actually installs the covering correctly; the risk of user error remains with the consumer. The supplier’s right is to place the product on the market if these requirements are met. There is no right to vary the wording of the warnings; the text is prescribed literally. The warning on the retail package must be exactly: ‘WARNING: CURTAIN AND BLIND CORDS HAVE CAUSED THE DEATH OF YOUNG CHILDREN AND MUST BE INSTALLED SO THAT THEY ARE NOT A STRANGULATION HAZARD. FOLLOW THE INSTALLATION INSTRUCTIONS.’ The warning on the cord is similarly prescribed. The font sizes and colours are mandatory. The supplier has no discretion to add, remove or reformat the warning, other than ensuring legibility against the background. The installation instructions must include the specific statements in regulation 9, but the supplier may add additional information (e.g., detailed diagrams, multi‑language translations) as long as the required content is present. The supplier is also responsible for providing the components specified in the instructions; this creates an implied duty to ensure the instructions are accurate and that the components actually work with the product. If the instructions say “use the supplied cord guide” and the cord guide fails the 70 N test, the supplier is in breach. The Regulations do not confer a private right of action on a consumer. Enforcement is public (ACCC). However, a consumer injured by a non‑compliant product may have a claim under the Australian Consumer Law for breach of a safety standard (a deemed contravention) and may seek damages for personal injury under the statutory liability regime. The Regulations also create no right for a supplier to recover compliance costs from a buyer; those costs are borne by the supplier as part of the cost of supply.

The Regulations themselves do not set penalty amounts; they operate as a safety standard declared under section 65C of the Trade Practices Act (now section 106 of the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010). Contravention of a prescribed consumer product safety standard is an offence under section 65C(2) of the former Act (now section 106(1) of the ACL). For a body corporate, the maximum penalty under the current ACL is $10 million per contravention, or three times the value of the benefit obtained and attributable to the offence, or 10% of the annual turnover of the body corporate (whichever is greater). For an individual, the maximum is $500 000. In addition, the ACCC can issue infringement notices (often called on‑the‑spot fines) of up to $133 200 for a listed corporation (as of 2023 indexing) and smaller amounts for individuals. The ACCC can also seek injunctions to stop the supply of non‑compliant products, enforceable undertakings, and adverse publicity orders. The Regulations apply strict liability: the prosecution does not need to prove intent or negligence. A supplier who accidentally sells a blind without the correct label is still liable. Defences are limited: a reasonable mistake of fact defence exists under the Criminal Code but is narrow in practice. The ACCC regularly conducts market sweeps of blind and curtain products, particularly after high‑profile child deaths. Enforcement action can target any participant in the supply chain: importer, wholesaler, retailer, or online marketplace. The transitional regulation 4A provided an amnesty for compliance with state instruments until 30 June 2011, but after that date only the Commonwealth standard applies. Failure to comply during that window with either the state or Commonwealth regime would still be an offence, but compliance with a listed state instrument was a complete defence to a charge under regulations 6-9. The Regulations do not specify recall powers; those are found in the ACL (section 122 onwards), which empowers the Minister to order a recall of a product that does not comply with a safety standard and poses a risk of injury. The ACCC may also negotiate a voluntary recall. The cost of a recall is borne by the supplier. The practical consequence of non‑compliance includes not only penalties but also reputational damage and potential civil liability for deaths or injuries caused by faulty installation due to missing warnings. The ACCC has published guidance stating that corded window coverings are a priority enforcement area. Suppliers should expect regular compliance visits, especially if they import from markets with different safety standards.

These Regulations are made under the Trade Practices Act 1974, but the operative provisions of that Act (Part V, Division 1A regarding safety standards) have been replaced by the Australian Consumer Law (ACL), which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). The Regulations continue in force by operation of the Legislative Instruments Act 2003 and the transitional provisions of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010. They are now treated as if they were made under section 106 of the ACL. The ACL provides a national framework for consumer product safety standards, recall and bans. State and territory fair trading laws similarly prohibit supply of goods that do not comply with a prescribed safety standard. Because these Regulations are a Commonwealth legislative instrument, they override any inconsistent state or territory product safety requirements for corded internal window coverings after 30 June 2011. The transitional regulation 4A explicitly lists the eight state instruments that were accepted during the transitional period. After that window closed, any state requirement that goes beyond the Commonwealth standard (e.g., a state law requiring a different warning label) is not invalid but may be inconsistent under section 109 of the Constitution. In practice, state fair trading agencies enforce the Commonwealth standard. The Regulations also interact with the mandatory information standard for corded window coverings (Consumer Goods (Corded Window Coverings) Safety Standard 2010, now registered as a safety standard under the ACL). There is also a separate mandatory safety standard for blind and curtain cords in New Zealand that is similar but not identical; suppliers who sell to both markets must ensure they meet each regime separately. The work health and safety laws in each state and territory may apply to installers and suppliers of corded window coverings if they are employers. The installation instructions are not a substitute for workplace safety training. The Regulations do not create a duty of care at common law, but compliance with them will be relevant in a negligence action: a supplier who complies is less likely to be found negligent. Conversely, non‑compliance is strong evidence of breach of duty. The Regulations also intersect with the Australian Design Rules for vehicles (no effect) and building codes (the Building Code of Australia may require window coverings in certain buildings to meet impact safety standards, but the corded window covering standard is additional). For imported products, the and do not specifically ban corded window coverings that breach the standard, but they may be seized as “prohibited goods” if they do not comply with a safety standard. The ACCC works with the Australian Border Force to intercept non‑compliant goods at the border. The Regulations do not affect the enforceability of contracts for the sale of non‑compliant goods; a buyer can still enforce a contract, but the supplier will be committing an offence. The Privacy Act 1988 is not directly engaged. The provide general enforcement procedures that apply to breaches of safety standards. There is no interaction with the laws, though the warning label wording is prescribed and cannot be trademarked by a single supplier. Finally, the Regulations are a “disallowable legislative instrument” under the Legislation Act 2003; either House of Parliament could have disallowed them within 15 sitting days of registration, but they were not.

The Regulations were originally made as Select Legislative Instrument 2010 No. 212 and registered on the Federal Register of Legislative Instruments (FRLI) on 9 July 2010, with commencement on 10 July 2010 (the day after registration). The original instrument comprised regulations 1-9 and did not include regulation 4A. The only amendment was by Select Legislative Instrument 2010 No. 306, registered on 26 November 2010 and commencing on 27 November 2010. Amending instrument 2010 No. 306 inserted regulation 4A (Transitional) and the accompanying table of eight state instruments. The amendment was made to allow suppliers a six‑month window (31 December 2010 to 30 June 2011) during which compliance with the listed state and territory instruments would be deemed compliance with regulations 6-9 of the Commonwealth standard. This was necessary because the original Regulations set an immediate compliance date of 30 December 2010 for all supply after that date, but state regimes were not identical and would have caused confusion and potential non‑compliance if a supplier had relied on a state instrument that was later superseded. The amendment effectively created a grace period for suppliers to transition from the state‑based regime to the national standard. After 30 June 2011, only the Commonwealth standard applies, and the transitional provision expired. No further amendments have been made. The Regulations remain in force as of 2025, though they are now administered under the Australian Consumer Law rather than the original Trade Practices Act. There has been no review or sunsetting process specifically noted; the Legislative Instruments Act 2003 requires that most legislative instruments sunset within 10 years of registration, but the Regulations were made before the sunsetting provisions took full effect for pre‑2015 instruments. The ACCC conducted a post‑implementation review of the corded window covering safety standard in 2014, which found that the standard had reduced but not eliminated the risk of strangulation. That review did not result in amendment of the Regulations. The lack of amendment over 15 years suggests that industry has largely absorbed the compliance burden and that the ACCC considers the standard adequate. However, the growing market for smart blinds and continuous‑loop cord mechanisms may prompt future amendments to cover new cord designs (e.g., retractable cords, magnetic break‑away connectors). Any future amendment would need to be registered on FRLI and could be subject to disallowance.

The Regulations themselves have not been the subject of any reported litigation in the Federal Court or the High Court of Australia. No case is cited in the source. This means that no supplier has challenged the validity of the Regulations on constitutional grounds (e.g., that they exceed the trade and commerce power, or that they impermissibly burden state legislative schemes). Nor has there been a reported prosecution under the Regulations that advanced to judgment and appears in the authorised reports. The absence of litigation does not mean the Regulations have never been enforced. The ACCC has issued many infringement notices and accepted court enforceable undertakings for corded window covering safety issues. For instance, the ACCC has taken action against major retailers (e.g., IKEA, Kmart) for failures relating to window covering cords, but those actions were brought under the general safety provisions of the Australian Consumer Law, not specifically under this legislative instrument, because the ACL prohibits supplying goods that do not comply with a prescribed safety standard. A breach of the Regulations is a breach of the ACL, so most cases are pleaded as contraventions of section 106 of the ACL. For example, in 2018, the ACCC issued infringement notices to a blind importer for failing to include required labels. Those matters are resolved administratively and do not generate reported judgments. There has been no private litigation (i.e., a consumer suing for damages and citing the Regulations as the standard of care). The closest relevant litigation involves product liability claims for strangulation deaths, but those pleadings tend to rely on the common law duty of care and the mandatory standard as evidence of the expected safety rather than as a direct cause of action. The Regulations create a statutory standard, and breach is negligence per se in some Australian states, but no published judgment has directly interpreted the wording of the Regulations. The lack of litigation history gives the Regulations an air of quiet effectiveness, but it also means that important interpretive questions remain untested: for instance, what constitutes “supplied” for online marketplaces (is a drop‑shipper a supplier?), whether a “swing tag” attached to the cord can be removed in transit, and whether the standard applies to corded coverings that are supplied as part of a larger fixture (e.g., a built‑in blind on a new window). Practitioners should be aware that the absence of case law means the ACCC’s guidance (e.g., its “Corded Window Coverings: A Guide for Suppliers”) is the primary source of interpretation, and the ACCC can change its view without judicial oversight.

The Regulations contain several traps that suppliers routinely miss. First, the application date (30 December 2010) catches stock in trade. A manufacturer who had a warehouse full of blinds manufactured in 2009 cannot supply them after that date without modifying them to comply. There is no grandfathering for pre‑existing stock. Second, the warning on the cord (regulation 8) requires a label or swing tag attached to the cord. The label must say “Do not remove this label”. But the label itself can be a small plastic disc or tag; if it is attached by a thread or zip tie, it may be easily removed by the consumer, which defeats the purpose. The supplier must ensure the label is sufficiently secure that it will survive normal handling and installation. The requirement applies even if the cord is a continuous loop chain or a beaded cord. For chain cords, attaching a swing tag can be fiddly. Third, retail packaging is defined broadly as “the packaging in which a corded internal window covering is supplied when it is offered for retail sale”. If the covering is sold without packaging (e.g., a custom‑made blind that is installed directly), there is no requirement for a retail packaging warning, but the requirement for a warning on the cord and installation instructions still apply. The trap is that if the covering is in a box, the box must have the label. Some suppliers mistakenly believe that if the product is sold “to trade” (e.g., to a builder) without retail packaging, no label is needed, but the regulation applies to all supply, not just retail to consumers. Fourth, the installation instructions must contain “practical suggestions” - the regulation lists three specific statements. The supplier must ensure the instructions are present and contain those statements verbatim. Simply including a generic safety sheet is not enough; it must address the 220 mm loop and 1 600 mm height criteria. Fifth, the cord guide requirement: if a cord guide is supplied, it must pass the 70 N test. But many low‑cost tensioners on the market do not meet this standard. A supplier who includes a cheap plastic cord guide without testing it is at risk. The 70 N tension must be applied in any direction for 10 seconds; the cord guide must remain attached to the wall. This is a structural design requirement. Sixth, the warning on the retail package must be in red uppercase letters at least 5 mm high on a white background. The background must be white; a cream or off‑white background likely fails. The font must be uppercase only, not title case. Red is specified; a dark red or burgundy may be argued to be outside the plain meaning. Seventh, the (regulation 4A) only applied from 31 December 2010 to 30 June 2011. Any supplier who still believed after that date that compliance with a state instrument was sufficient was wrong. Eighth, the Regulations apply to corded internal window covering, including children’s curtains, blackout blinds, and motorised blinds (which still have manual override cords). Even if the cord is rarely used, the standard attaches. Ninth, the referred to in regulation 6(1)(d) are any components specified in the installation instructions as necessary for cord safety. If the instructions say “attach the cleat to the wall”, the supplier must provide a cleat. Some suppliers provide instructions that reference a cleat but do not include one, leaving the consumer to source one. That is non‑compliance because the instructions specify a cleat as necessary, so the supplier must supply it. Tenth, the - no mens rea. Ignorance of the requirements or good faith reliance on a supplier’s representation is not a defence. If a retailer buys from an importer who says the product is compliant, and it is not, the retailer is still liable.

A supplier must establish a compliance system covering product design, packaging, documentation and supply chain management. The following steps are recommended:

1. Product assessment. Determine whether the product falls within the definition of “corded internal window covering”. If it contains a cord and is for indoor use, it is caught. This includes products that may be thought of as “hardware” like traverse rods. If the covering is supplied without a cord (bare track), it is not caught unless the end user attaches a cord. If the supplier also provides the cord separately, the cord may be a “fitting” that makes the whole a corded internal window covering.

2. Warning labels. For any product that will be supplied in retail packaging, prepare a label for the packaging. The label must contain the exact wording from regulation 7(1) in red uppercase letters at least 5 mm high on a white background. Check that the colour is pure white (e.g., Pantone White) and that the red is a true red (e.g., Pantone Red 032). The label should be printed so that it is permanent and not easily removed. For products not in retail packaging, no packaging label is required, but the cord label and instructions are still needed.

3. Cord label. For every product, attach a warning label or swing tag to the cord. The label must contain the wording from regulation 8(1). The word “WARNING” must be in uppercase letters at least 5 mm high; the rest in lowercase at least 1.5 mm high. Ensure the text is legible; small fonts are not acceptable even if the total size is met. The label must be attached so that it can be read after installation. A common method is a plastic swing tag secured by a break‑away thread. The label must not be removable without breaking it, and should state “Do not remove this label”. The supplier should test that the label survives normal handling.

4. Installation instructions. Prepare written instructions that include the statement from regulation 9(a) and the three practical suggestions in regulation 9(b). The instructions must be supplied with the product, not just available online. If the product has multiple configurations (e.g., different cord lengths), the instructions must address each. Consider including diagrams showing the 1 600 mm height and the 220 mm loop prohibition. The instructions must be clear enough that a reasonably competent person can install the covering safely.

5. Components. If the instructions specify that a cord guide or cleat is necessary for safety (e.g., to secure loose cords), the supplier must include that component in the package. Buy the components from a reputable manufacturer that can certify compliance with the 70 N test (for cord guides) or the 1 600 mm height requirement (for cleats). Design your instructions so that they do not require components you do not provide. Alternatively, design a system that does not require any special components (e.g., self‑adjusting cord tensioners that are integrated into the covering). However, simple reliance on the user winding the cord around a cleat that they must buy separately is risky because the instructions will likely need to mention a cleat, triggering the component requirement.