Australian Capital Territory Consolidated Acts

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FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 24

Advice about consumer product safety orders or standards

    (1)     The commissioner—

        (a)     shall, at the request of the Minister; or

        (b)     may, of his or her own initiative;

advise the Minister, after due consideration, whether—

        (c)     a consumer product safety order or recall or notification order made under section 37 (1) should be made, amended or revoked; or

        (d)     a consumer product safety standard should be prescribed or a prescribed product safety standard should be amended or repealed; or

        (e)     a consumer product information standard should be prescribed or a prescribed consumer product information standard should be amended or repealed;

in relation to any goods or any class of goods.

    (2)     The advice of the commissioner shall be given to the Minister in writing as soon as practicable following consideration of the matter and the advice shall include a recommendation of the action (if any) that should be taken.

    (3)     The commissioner shall not recommend action of a kind referred to in subsection (1) (c), (d) or (e) in relation to any goods or any class of goods unless the commissioner considers the action is reasonable and necessary to prevent or reduce the risk of injury to, or impairment of health of, any person arising out of the possession, handling or use of those goods by that person or any other person.

    (4)     The product safety advisory committee may of its own initiative request the commissioner to consider advising the Minister to take action of the kind referred to in subsection (1) (c), (d) or (e) in relation to any goods or any class of goods.



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