Consumer Goods (Trolley Jacks) Safety Standard 2017

I, Michael McCormack, Minister for Small Business, make the following safety standard.

Dated 14 December 2017

Michael McCormack

Minister for Small Business

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

Part 2—Safety standard

6 Requirements during transitional period

7 Safety standard for trolley jacks after transitional period

8 Variation of the Australian Standard

Schedule 1—Repeals

Consumer Product Safety Standard for Trolley Jacks (Consumer Protection Notice No 10 of 2008) (Federal Register of Legislation No. F2008L03230)

Part 1Preliminary

 

1  Name

  This instrument is the Consumer Goods (Trolley Jacks) Safety Standard 2017.

2  Commencement

  This instrument commences on the day after this instrument is registered on the Federal Register of Legislation.

3  Authority

  This instrument is made under sections 104 and 105 of the Australian Consumer Law.

Note: The reference to the Australian Consumer Law is a reference to Schedule 2 to the Competition and Consumer Act 2010 as it applies as a law of the Commonwealth, States and Territories: see section 140K of that Act and corresponding provisions of Acts of States and Territories applying that Schedule.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

  In this instrument:

Australian Standard means Australian Standard AS 2615:2016 Hydraulic trolley jacks, as in force on the commencement of this instrument.

Note: The Australian Standard could in 2017 be purchased from SAI Globals website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

transitional period means the period of 24 months beginning on the day this instrument commences.

trolley jack has the same meaning as hydraulic trolley jack has in the Australian Standard.

Part 2Safety standard

 

6  Requirements during transitional period

 (1) During the transitional period, a trolley jack must comply with:

 (a) the standard set by Consumer Protection Notice No 10 of 2008 (Federal Register of Legislation No. F2008L03230), made under section 65E of the Trade Practices Act 1974, as that notice was in force immediately before the commencement of this instrument; or

 (b) the Australian Standard as varied by section 8.

Note 1: The notice could in 2017 be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).

Note 2: Under item 4 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010, the standard set by the notice continued in force from the start of 1 January 2011 as if it were a safety standard made under section 104 of the Australian Consumer Law (because it was taken under section 65E of the Trade Practices Act 1974 to be a prescribed consumer product safety standard for the purposes of section 65C of that Act immediately before 1 January 2011).

 (2) This section is repealed at the end of the last day of the transitional period.

7  Safety standard for trolley jacks after transitional period

  After the transitional period, the Australian Standard, as varied by section 8, is declared to be a safety standard for trolley jacks.

8  Variation of the Australian Standard

 (1) For the purposes of this Part, the Australian Standard is varied by:

 (a) omitting clause 5.4(a) and clause 9(f); and

 (b) replacing clause 6.3 with the text set out in subsection (2) of this section; and

 (c) replacing the words “1 min” in clause D3(g) in Appendix D with “15 minutes”.

 (2) The replacement text for clause 6.3 of the Australian Standard is as follows:

6.3 Ease of operation

When the hydraulic trolley jack is tested in accordance with Appendix A and the operating force exceeds 450 N, Appendix F must be used to determine the maximum capacity of the hydraulic trolley jack using a maximum operating force of 450 N.

Schedule 1Repeals

 

Consumer Product Safety Standard for Trolley Jacks (Consumer Protection Notice No 10 of 2008) (Federal Register of Legislation No. F2008L03230)

1  The whole of the instrument

Repeal the instrument.

Note: Under item 4 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010, the Consumer Product Safety Standard for Trolley Jacks continued in force from the start of 1 January 2011 as if it were a safety standard made under section 104 of the Australian Consumer Law (because it was taken under section 65E of the Trade Practices Act 1974 to be a prescribed consumer product safety standard for the purposes of section 65C of that Act immediately before 1 January 2011).