Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If the Minister—
(a) makes in conjunction with a consumer product safety order under section 27 any order under section 37 relating to goods the subject of the consumer product safety order; or
(b) has under consideration a draft of any order under section 37 that is not proposed to be made in conjunction with a consumer product safety order under section 27;
the Minister must prepare a written notice that complies with subsection (2) in relation to the order or draft order.
(2) A notice relating to an order or draft order complies with this subsection if it specifies—
(a) that a supplier of the goods to which the order or draft order relates may, before a day specified in the notice (being a day that is not earlier than 10 days after publication of the notice) lodge with the product safety advisory committee a request for a conference with that committee; and
(b) for a draft order—the terms of the draft order and a summary of the reasons why it is under consideration.
(3) A notice under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(4) If a notice under subsection (1) is notified, the commissioner must, within 2 days after the day it is notified under the Legislation Act 2001 or, if it is not practicable to do so within the 2 days, as soon as practicable afterwards, either—
(a) give a copy of the notice to each person who, to the commissioner's knowledge, supplies goods to which the notice relates; or
(b) publish a copy of the notice in a daily newspaper.
(5) Any failure to comply with subsection (4) in relation to a notice does not invalidate the notice.
(6) The product safety advisory committee may allow further time for the lodging of a request for a conference and shall—
(a) if no request for a conference has been lodged—inform the Minister accordingly; or
(b) if a request for a conference has been lodged—notify the Minister and each supplier who has duly requested the conference, of the time and place for the holding of the conference, being a time not later than 14 days after the expiration of the time for lodging a request for the conference.
(7) If a conference is held—
(a) the product safety advisory committee shall be represented by a member nominated by the chairperson; and
(b) each supplier who has requested the conference, and any other person whose presence at the conference is considered by the product safety advisory committee to be appropriate, is entitled to be present or be represented; and
(c) the Minister or a person or persons nominated in writing by the Minister is or are entitled to be present.
(8) A person in attendance at the conference may—
(a) inspect documents in the possession of the member representing the product safety advisory committee that relate to the goods to which the order or draft order relates (other than documents specifying a secret formula or process); and
(b) be heard by, and make submissions to, the member representing the product safety advisory committee with respect to the order or draft order.
(9) The member representing the product safety advisory committee shall keep a record of proceedings at a conference under this section.
(10) After a conference is held, the product safety advisory committee shall—
(a) if the conference related to a draft order—make a written recommendation to the Minister as to whether the Minister should—
(i) publish an order in terms of the draft order; or
(ii) publish an order in terms of the draft order with amendments; or
(iii) refrain from publishing an order affecting the goods to which the draft order relates; or
(b) if the conference related to an order under section 37—make a written recommendation to the Minister as to whether the order should remain in force, be varied or be revoked.
(11) The product safety advisory committee shall cause a copy of a recommendation made under subsection (10) to be given to each supplier who was present or represented at the conference.
(12) The Minister is not bound by a recommendation under subsection (10) but, if the Minister decides not to act in accordance with the recommendation, the Minister must prepare a written notice stating the reasons for that decision.
(13) A notice under subsection (12) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .