Sale of Hazardous Goods (Children's Cots) Order 2008
The Products Safety Committee makes the following order under section 8 of the Sale of Hazardous Goods Act 1977 .
This order may be cited as the Sale of Hazardous Goods (Children's Cots) Order 2008 .
This order takes effect on the day on which its making is notified in the Gazette.
In this order –antique cot means a cot that is –(a) more than 100 years old; and(b) purchased for its antique value and not for use as a children's cot;children's cot means a children's cot that is intended for household use, other than a folding cot, carry cot, cradle, antique cot or collectable cot;collectable cot means a cot that is purchased to form part of a collection and not for use as a children's cot;Cots Safety Standard means the Australian and New Zealand Standard AS/NZS 2172:2003 entitled "Cots for household use – Safety requirements" published by Standards Australia on 17 November 2003 as in force on the day this order takes effect;supplier means a person who sells an antique cot or collectable cot to another person.
4. Restriction on sale of new children's cots
(1) A person must not sell a new children's cot unless it complies with the requirements of the Cots Safety Standard, as taken to be modified for the purposes of this clause.(2) For the purposes of this clause, the Cots Safety Standard is taken to be modified as specified in Schedule 1 to this order.
5. Restriction on sale of second-hand children's cots
(1) A person must not sell a second-hand children's cot unless it complies with the requirements of the Cots Safety Standard, as taken to be modified for the purposes of this clause.(2) For the purposes of this clause, the Cots Safety Standard is taken to be modified as specified in Schedule 2 to this order.
6. Restriction on sale of antique cots and collectable cots
(1) A person must not sell an antique cot or a collectable cot unless it –(a) is accompanied by a certificate from the supplier to the consumer stating that it is not safe to place a child in the cot; and(b) has attached to it two clearly visible warning notices, one on the outside and one on the inside of the cot.(2) For the purposes of subclause (1)(b) , each warning notice attached to the cot must –(a) be printed on a metal plate; and(b) be permanently attached to the cot by gluing, nailing or screwing the metal plate to the upper half of the side or end of the cot; and(c) have lettering in sharp contrast with the background; and(d) have upper-case letters no less than 5 millimetres in height and lower-case letters no less than 2.5 millimetres in height; and(e) use the following wording with the upper-case and lower-case lettering, and underlining, as shown:
The legislation specified in Schedule 3 to this order is revoked.
SCHEDULE 1 - Modification of Standard for Sale of New Children's Cots
Provision of Cots Safety Standard | Modification | 1. | clause 1 | omit the clause | 2. | clause 2 | omit the clause | 3. | clause 4 | omit the clause | 4. | clause 6.1(f) | omit the clause | 5. | clause 6.1(g) | omit the clause and substitute the following clause: | (g) With the dropside in the closed position and the mattress base in the lower position, when tested in accordance with Appendix A with a force of 50N it shall not be possible for a 30 mm probe to pass through any aperture between the mattress base and the sides and between the mattress base and the ends. | 6. | clause 6.3(e) – note | insert at the end of the note "For a lift and push dropside release mechanism, either the lift or push action shall comply with 6.3(d)." | 7. | clause 6.7 – notes | omit note 1 | 8. | clause 7 | omit the clause | 9. | clause 8 | omit the clause | 10. | clause 9.2(c) | omit the clause | 11. | clause 10 | omit the clause | 12. | Paragraphs A5(h) and A5(i) | omit the Paragraphs and substitute the following Paragraphs: | A5(h) For any gaps recorded in Step (g) between the mattress base in the lower position and the side and ends with the dropside in the closed position, insert the 30 mm diameter probe and apply a force of 50N. | A5(i) For any gaps recorded in Step (g) except for the gaps tested in Step (h), insert the 30 mm diameter probe and apply a force of 100N. | A5(j) Record all gaps that allowed the passage of the 30 mm diameter probe when tested in accordance with A5(h) and A5(i) except for the following: | (i) Gaps formed between – | (A) fixed sides and the mattress base in the upper position; and | (B) fixed ends and the mattress base in the upper position. | (ii) Gaps formed between the dropside in both open and closed positions and the mattress base in the upper position. | (iii) Gaps formed between the dropside in the open position and the mattress base in the lower position. | 13. | Paragraphs A5(j) to A5(p) | renumber as Paragraphs A5(k) to A5(q) | 14. | Paragraph A6(b) | omit "but not the 50 mm diameter probe as noted in Paragraphs A5(i) and A5(g) respectively" and substitute "as recorded in Paragraph A5(j)" |
SCHEDULE 2 - Modification of Standard for Sale of Second-hand Children's Cots
Provision of Cots Safety Standard | Modification | 1. | clause 1 | omit the clause | 2. | clause 2 | omit the clause | 3. | clause 4 | omit the clause | 4. | clause 6.1(f) | omit the clause | 5. | clause 6.1(g) | omit the clause | 6. | clause 6.7 | omit "5 mm" and substitute "8 mm" | 7. | clause 6.7 – notes | omit note 1 | 8. | clause 6.8(c) | omit the clause | 9. | clause 6.8(d) | omit the clause | 10. | clause 6.8(e) | omit the clause | 11. | clause 7 | omit the clause | 12. | clause 8 | omit the clause | 13. | clause 9.2(b) | omit the clause | 14. | clause 9.2(c) | omit the clause | 15. | clause 9.3 | omit the clause | 16. | clause 9.4 | omit the clause | 17. | clause 9.5 | omit the clause | 18. | clause 9.6 | omit the clause | 19. | clause 9.7 | omit the clause | 20. | clause 9.8 | omit the clause | 21. | clause 10 | omit the clause | 22. | clause 11 | omit the clause | 23. | clause 12 | omit the clause |
SCHEDULE 3 - Legislation Revoked
Sale of Hazardous Goods Order 1998 (No. 114 of 1998) |
This order was made by the Products Safety Committee at a meeting held on 19 March 2008.
CHRIS BATT
Chairman
M. BICEVSKIS
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 April 2008
This is administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the order)
This order places restrictions on the sale of children's cots and replaces the Sale of Hazardous Goods Order 1998 .