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Trade Practices (Consumer Product Safety Standard - Corded Internal Window Coverings) Regulations 2010
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Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010
Select Legislative Instrument 2010 No.212 as amended
made under the
Trade Practices Act 1974
This compilation was prepared on 27 November 2010
taking into account amendments up to 2010 No. 306
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Purpose
4 Application
4A Transitional
5 Definitions
6 Standard — corded internal window covering
7 Standard — warning on retail package
8 Standard — warning on cord
9 Standard — installation instructions
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Purpose
For subsection 65C (2) of the Trade Practices Act 1974, these Regulations prescribe a consumer product safety standard for corded internal window coverings.
4 Application
These Regulations apply to corded internal window coverings supplied after 30 December 2010.
4A Transitional
Starting on 31 December 2010 and ending at the end of 30 June 2011, compliance with an instrument or provision of an instrument mentioned in the following table is taken to be compliance with regulations 6 to 9 if:
(a) corded internal window coverings are supplied in a State or Territory; and
(b) the compliance is with the instrument or provision of the instrument made in that State or Territory.
| Item | Name of instrument |
|---|---|
| 1 | Fair Trading Regulation 2007 (NSW), regulation 77 |
| 2 | Fixed term ban order prohibiting the supply of dangerous goods, published in the Victoria Government Gazette No. S 396 on 31 December 2008 |
| 3 | Fair Trading Regulation 2001 (Qld), Schedule 5B |
| 4 | Order (Curtain Blind Cords), published in the Government Gazette of Western Australia No. 15 on 23 January 2004, and Amendment to Order (Curtain Blind Cords), published in the Government Gazette of Western Australia No. 65 on 16 April 2004 |
| 5 | Declaration of Dangerous Goods, published in the South Australian Government Gazette No. 6 on 22 January 2009 |
| 6 | Sale of Hazardous Goods Order 2004 (Tas), Part 3 |
| 7 | Fair Trading (Consumer Product Safety Standards) Regulation 2009 (ACT), Schedule 11 |
| 8 | Prohibition of Supply of Goods, dated 13 February 2009 (NT) |
5 Definitions
In these Regulations:
cleat means a device that has a bar with arms around which a cord can be wound, and that can be attached to a wall or other structure.
cord means a rope, strap, string, chain, line or wire used to manipulate a corded internal window covering.
corded internal window covering means:
(a) a window covering, such as a curtain or blind; or
(b) fittings used with a window covering, such as a traverse rod or track;
that can be used inside a building and has a cord.
cord guide means a device designed to retract, tension or secure a cord.
retail packaging means the packaging in which a corded internal window covering is supplied when it is offered for retail sale.
6 Standard — corded internal window covering
(1) The supply of a corded internal window covering must be accompanied by:
(a) if the window covering is in retail packaging — a warning label on the retail packaging; and
(b) a warning label or swing tag attached to the cord; and
(c) installation instructions containing the information mentioned in regulation 9; and
(d) any components specified in the installation instructions as necessary for cord safety requirements.
(2) If a cord guide is supplied with a corded internal window covering, the cord guide must be designed:
(a) to remain firmly attached to a wall or other structure specified in the installation instructions when subjected to a tension force of 70 N applied in any direction for 10 seconds; and
(b) to prevent the possibility of a cord forming a loop 220 mm or longer at a height of less than 1 600 mm above floor level.
7 Standard — warning on retail package
(1) The warning label mentioned in paragraph 6 (1) (a) must contain the words: ‘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’.
(2) The words specified in subregulation (1) must be legible, in red upper case letters at least 5 mm high on a white background.
8 Standard — warning on cord
(1) The warning label or swing tag mentioned in paragraph 6 (1) (b) must contain the words: ‘WARNING: Young children have died by wrapping loose curtain and blind cords or chains around their necks. Secure cords or chains with cord guides or keep them out of reach by winding them around a cleat. Move cots and furniture away from window covering cords or chains. Do not remove this label’.
(2) The words specified in subregulation (1) must be legible, with the word ‘WARNING’ in upper case letters at least 5 mm high and the other words in lower case letters at least 1.5 mm high.
9 Standard — installation instructions
The installation instructions mentioned in paragraph 6 (1) (c) must include:
(a) a statement that, to avoid creating a possible strangulation hazard for children, the corded internal window covering must be installed in such a way that a loose cord cannot form a loop 220 mm or longer at a height of less than 1 600 mm above floor level; and
(b) practical suggestions on how to install the corded internal window covering to ensure compliance with paragraph (a), including:
(i) a statement that a cord guide may be installed lower than 1 600 mm above floor level if the cord is sufficiently secured or tensioned to prevent a loop 220 mm or longer from being formed; and
(ii) a statement that if a cord guide is installed lower than 1 600 mm above floor level it must be designed to prevent a child from being able to remove the cord; and
(iii) a statement that if a cleat is used to secure the cord it must be at least 1 600 mm above floor level because a child is capable of unwinding a cord from a cleat.
Notes to the Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010
Note 1
Note: The Trade Practices (Consumer Product Safety Standard — Corded Internal Window Coverings) Regulations 2010 (in force under the Trade Practices Act 1974) as shown in this compilation comprise Select Legislative Instrument 2010 No. 212 amended as indicated in the Tables below.
Note: > Note: Table of Instruments
| Year andNumber | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |
|---|---|---|---|
| 2010 No. 212 | 9 July 2010 (see F2010L01930) | 10 Jul 2010 | |
| 2010 No. 306 | 26 Nov 2010 (see F2010L03089) | 27 Nov 2010 | — |
Note: > Note: Table of Amendments
<table cellspacing="0" cellpadding="0" style="width:370.95pt; margin-right:auto; margin-left:auto; border-collapse:collapse"><thead><tr><td colspan="2" style="width:360.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:110.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:238.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:110.9pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>R. 4A</span><span style="width:86.74pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td style="width:238.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. 2010 No. 306</span></p></td></tr></tbody></table>