Australian Capital Territory Consolidated Acts

FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 29

    (1)     This section applies if a prescribed authority of the Commonwealth or a State has, by order or other instrument (the interstate order )—

        (a)     prohibited the supply of goods; or

        (b)     imposed conditions or restrictions on the supply of goods.

    (2)     The Minister may, at any time while the interstate order is in force, make an order (a "consumer product safety order")—

        (a)     if the interstate order prohibits the supply of goods—prohibiting the supply of the goods in the ACT; or

        (b)     if the interstate order imposes conditions or restrictions on the supply of goods—imposing conditions or restrictions on the supply of the goods in the ACT.

Note 1     Power to make a consumer product safety order includes power to make an order about any 1 or more goods or a particular class of goods (see Legislation Act, s 48 (2)).

Note 2     A power given under an Act to make a statutory instrument (including a consumer product safety order) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).

    (3)     However, the commissioner must not make a consumer product safety order under this section in relation to goods unless satisfied that it is reasonable and necessary to make the order to prevent or reduce the risk of injury to, or impairment of health of, someone because the person or someone else has or is handling or using the goods.

    (4)     Also, the commissioner must not make a consumer product safety order under this section in relation to goods if the Minister has made, or refused to make, an interim safety order or consumer product safety order in relation to the goods.

    (5)     A consumer product safety order made under this section may adopt an interstate order as in force from time to time.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act , s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act .

    (6)     A consumer product safety order made under this section in relation to goods ends on the earlier of the following:

        (a)     if the order provides for its end—at the time stated by the order for its end;

        (b)     the commencement of a consumer product safety order under section 27 in relation to the goods.

    (7)     Without limiting the powers implied by subsection (2), the Minister may, in writing, amend or repeal a consumer product safety order made under this section.

    (8)     A consumer product safety order made under this section is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (9)     Written notice of the order must also be published in a newspaper circulating in the ACT.

    (10)     In this section:

"prescribed authority" means—

        (a)     a Commonwealth or State Minister responsible for consumer affairs; or

        (b)     a person appointed or authority established under a Commonwealth or State law with functions equivalent, or substantially equivalent, to the functions given to the Minister or commissioner under this part.