Fair Trading (Safety Standard) (Baby Bath Supports) (Interim) Regulations 2004

Victorian Legislation Parliamentary Documents i Fair Trading (Safety Standard) (Baby Bath Supports) (Interim) Regulations 2004 S.R. No. 138/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 4. Commencement 1 5. Safety standard for baby bath supports 2 6. Expiry 3 ═══════════════ -- 1 of 4 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 138/2004 Fair Trading Act 1999 Fair Trading (Safety Standard) (Baby Bath Supports) (Interim) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 9 November 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe a safety standard for baby bath supports. 2. Authorising provisions These Regulations are made under sections 34 and 165 of the Fair Trading Act 1999. 3. Definitions In these Regulations— "the goods" means a baby bath support, baby bath seat, baby bath cradle or other device designed to support babies while they are being bathed. 4. Commencement These Regulations come into operation on 6 December 2004. -- 2 of 4 -- Victorian Legislation Parliamentary Documents S.R. No. 138/2004 Fair Trading (Safety Standard) (Baby Bath Supports) (Interim) Regulations 2004 2 5. Safety standard for baby bath supports (1) For the purposes of section 33(1) of the Fair Trading Act 1999, the prescribed safety standard for the goods consists of the requirements set out in sub-regulations (2) to (7). (2) The goods and any packaging in which the goods are supplied must bear a warning that consists of— (a) a notice stating "WARNING—Children have DROWNED while using bath aids. This is NOT a safety device. ALWAYS keep baby within arm's reach. NEVER leave baby in care of children."; and (b) 2 safety alert symbols, with the symbols placed immediately to the left and right of the notice. The safety alert symbol comprises an exclamation point inside an equilateral triangle with a base of at least 30 millimetres, as follows— . (3) On both the goods and the packaging, unless the packaging is of a type referred to in sub- regulation (7)— (a) the word "WARNING" must be in upper case and at least 10 millimetres in height; and (b) the words "DROWNED", "NOT", "ALWAYS" and "NEVER" must be in upper case and at least 5 millimetres in height; and (c) the remaining words must be in lower case and at least 2·5 millimetres in height. r. 5 -- 3 of 4 -- Victorian Legislation Parliamentary Documents S.R. No. 138/2004 Fair Trading (Safety Standard) (Baby Bath Supports) (Interim) Regulations 2004 3 (4) The warning set out in sub-regulation (2) must be— (a) permanently affixed to both the goods and to any packaging in which the goods are supplied, but need not be affixed to the packaging if sub-regulation (7) applies; (b) prominently and conspicuously displayed; (c) in a contrasting colour to the colour of the goods and to the colour of the packaging. (5) The warning set out in sub-regulation (2) must— (a) be on the upper surface of the goods; (b) not contain any ink, colouring or other material that may run or fade when the goods are subjected to bathing conditions; (c) be visible to a person when a baby is in the goods. (6) Any packaging in which the goods are supplied or any sign, advertisement or statement relating to or attached to the goods must not contain any indication by words, pictures or otherwise that is inconsistent with the warning set out in sub-regulation (2). (7) If the packaging in which the goods are supplied is colourless and transparent and the warning set out in sub-regulation (2) is clearly legible to a person through the packaging, the warning set out in sub-regulation (2) is not required on that packaging. 6. Expiry These Regulations cease to have any force or effect on 6 June 2005. ═══════════════ r. 6 -- 4 of 4 --