Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If for the purpose of—
(a) providing advice to the Minister under section 24; or
(b) a request under subsection (2) about advice by the product safety advisory committee;
in relation to goods or a class of goods, the commissioner considers that, before the relevant advice is provided, the supply of the goods or the class of goods should be prohibited or restricted 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, the commissioner may, before that advice is provided, recommend that the Minister make an interim safety order in relation to the relevant goods or class of goods.
(2) If for the purpose of providing advice in relation to goods or a class of goods in accordance with this Act, the product safety advisory committee considers that, before providing that advice, the supply of the goods or the class of goods should be prohibited or restricted 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, the committee may request the commissioner to consider recommending in accordance with subsection (1) that the Minister make an interim safety order.
(3) If the Minister is satisfied, on the recommendation of the commissioner made under subsection (1), that, pending advice from the commissioner or the product safety advisory committee, as the case may be, it is reasonable and necessary to prohibit or restrict the supply of any goods or any class of goods 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, the Minister may, in writing, make an interim safety order—
(a) prohibiting the supply of goods or a class of goods specified in the order; or
(b) imposing conditions or restrictions specified in the order on the supply of the relevant goods or class of goods.
Note A power given under an Act to make a statutory instrument (including an interim safety order) includes power to amend or repeal the instrument (see Legislation Act 2001 , s 46 (1)).
(4) An interim safety order is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the Legislation Act 2001 .
Note 2 An amendment or repeal of an interim safety order is also a notifiable instrument (see Legislation Act 2001 , s 46 (2)).
(5) Unless the effect of an interim safety order is extended under subsection (7), the order expires on the earlier of the following:
(a) 28 days after the day the notice is notified under the Legislation Act 2001 ;
(b) the commencement of a consumer product safety order under section 27 in relation to the goods specified in the order.
(6) If an interim safety order (the first order ) is in force under this section in relation to specified goods or a specified class of goods, the Minister may make a further interim safety order in relation to the same goods or class of goods only if the further order relates to an aspect of the goods or class of goods not covered by the first order.
(7) If—
(a) an interim safety order is in force in relation to goods or a class of goods; and
(b) further time is required for the commissioner to provide advice under section 24 (Advice about consumer product safety orders or standards), or for the product safety advisory committee to provide advice in accordance with this Act, in relation to the goods or class of goods;
the Minister, on the commissioner's recommendation, may, in writing, extend the period of the effect of the order.
(8) If the effect of an interim safety order is extended under subsection (7), the order expires on the earlier of the following:
(a) 28 days after the period of 28 days mentioned in subsection (5) (a);
(b) the commencement of a consumer product safety order under section 27 in relation to the goods specified in the interim safety order.
(9) An extension under subsection (7) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .