Sale of Hazardous Goods Order 2004
The Products Safety Committee makes the following order under section 8 of the Sale of Hazardous Goods Act 1977 .
PART 1 - Preliminary
This order may be cited as the Sale of Hazardous Goods Order 2004 .
This order takes effect on the day on which its making is notified in the Gazette.
PART 2 - Projectile Toys
In this Part –AS/NZS ISO 8124 means the Australian/New Zealand Standard entitled AS/NZS ISO 8124.1:2002, Safety of toys, Part 1: Safety aspects related to mechanical and physical properties (ISO 8124 – 1:2000, MOD) published jointly by Standards Australia and Standards New Zealand on 16 May 2002;discharge mechanism has the same meaning as in AS/NZS ISO 8124;improvised projectile means any object (for example, a battery, biro cap or refill, coin, game token, marble, matchstick, nail, stick, paperclip, pebble or pencil) that –(a) is capable of being used as the projectile of a projectile toy; but(b) is not supplied with the toy as its projectile or intended, according to the information supplied with the toy, to be its projectile;projectile has the same meaning as in AS/NZS ISO 8124;projectile toy with stored energy means a toy that is designed and manufactured to propel a projectile by means of a discharge mechanism capable of storing and releasing energy (whether or not a projectile is actually supplied with the toy);projectile toy without stored energy means a toy that is designed and manufactured to propel a projectile by means of discharging energy imparted by a child (whether or not a projectile is actually supplied with the toy).
4. Condition on sale of projectile toys with stored energy
A person must not sell a projectile toy with stored energy unless the toy complies with clause 4.18.2 of AS/NZS ISO 8124, as taken to be modified for the purposes of this Part.
5. Condition on sale of projectile toys without stored energy
A person must not sell a projectile toy without stored energy unless the toy complies with clause 4.18.3 of AS/NZS ISO 8124, as taken to be modified for the purposes of this Part.
6. Modification of AS/NZS ISO 8124
For the purposes of this Part, AS/NZS ISO 8124 is taken to be modified as follows:(a) by omitting clause 4.18.2(a)(3);(b) by omitting clause 4.18.2(b);(c) by omitting clause 4.18.2(c) and substituting the following:(c) The toy's discharge mechanism must not, without modification by the user or another person, be capable of propelling an improvised projectile in free flight for a horizontal distance of more than 300 millimetres when discharged horizontally;(d) by omitting clause 4.18.3(e).
PART 3 - Corded internal window coverings
In this Part –ANSI A100 means the American National Standard entitled American National Standard for Safety of Corded Window Covering Products and numbered ANSI/WCMA A100.1-1996, as approved by the American National Standards Institute on 27 November 1996;approved cord release device means a device that –(a) passes the release test for cord release devices set out in Appendix A of ANSI A100; and(b) if it is intended to come completely away from the corded internal window covering when the device releases the loop, does not fit, whatever the device's orientation, entirely into the small parts cylinder referred to in clause 5.2 Small parts test of AS/NZS ISO 8124 (when tested in accordance with that clause);AS/NZS ISO 8124 means the Australian/New Zealand Standard entitled AS/NZS ISO 8124.1:2002, Safety of toys, Part 1: Safety aspects related to mechanical and physical properties (ISO 8124 – 1:2000, MOD) published jointly by Standards Australia and Standards New Zealand on 16 May 2002;corded internal window covering means any interior drapery, hardware or window covering product (for example, a curtain, shade, blind or traverse rod or track) that incorporates any of the following in its operation (other than solely as a tie-back for the covering):(a) a looped bead chain;(b) a looped cord;(c) another type of flexible looped device;looped bead chain means a series of small beads (equally spaced on a cord or connected by metal shafts) that is curved or doubled, or has ends that are joined by a device, so as to form a closed loop;looped cord means a rope, strap or string that is curved or doubled, or has ends that are joined by a device, so as to form a closed loop.
8. Condition on sale of corded internal window coverings
(1) A person must not sell a corded internal window covering unless it –(a) is designed so that any exposed looped bead chain, looped cord or other flexible looped device cannot extend to within 1 600 millimetres above the base of the covering when the covering is fully lowered; and(b) carries the label and tags required by clause 9 ; and(c) is accompanied by written information that –(i) explains how to install the covering; and(ii) explains how to install any safety device the covering has and how the safety device is designed to function; and(iii) repeats the warning referred to in clause 9(1)(a) .(2) Subclause (1)(a) does not apply if the exposed looped bead chain, looped cord or other flexible looped device –(a) is incapable of forming a loop with a circumference of more than 300 millimetres; or(b) has a tension device that complies with clause 6.5.4 of ANSI A100; or(c) has an approved cord release device.(3) Subclause (1)(c) does not apply to a corded internal window covering that is custom-made for installation by a person in the business of installing internal window coverings.
(1) For the purposes of clause 8(1)(b) , the required label and tags are as follows:(a) a warning label that complies with clause 5.1.1 of ANSI A100, or complies with that clause (including the pictogram requirement) apart from substituting the words of warning in that clause with the following:
WARNING Looped cords, looped bead chains or other flexible looped devices may cause a strangulation hazard for children under 5 years. KEEP CORDS AND CHAINS OUT OF REACH OF CHILDREN
(b) a warning tag that complies with clause 5.1.2 of ANSI A100, but which refers to “cots” instead of “cribs”;(c) if the corded internal window covering includes any safety device, an operational tag explaining how the safety device is designed to function.(2) A tag used for the purposes of subclause (1)(b) or (c) must be attached to a corded internal window covering separately from the warning label referred to in subclause (1)(a) .(3) The same tag may be used for the purposes of subclause (1)(b) and (c) if the warning (including pictogram) contained on the tag in compliance with subclause (1)(b) and any explanation contained on the tag in compliance with subclause (1)(c) are –(a) kept distinct from each other; and(b) clear and legible.
This order was made by the Products Safety Committee at a meeting held on 20 May 2004.
ROY ORMEROD
Chairman
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 6 October 2004
This is administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the order)
This order places conditions on the sale of projectile toys and corded internal window coverings.