Consumer Goods (Portable Swimming Pools) Safety Standard 2013 (Cth)

Consumer Goods (Portable Swimming Pools) Safety Standard 2013 Competition and Consumer Act 2010

I, David Bradbury, Assistant Treasurer, make the following safety standard under subsection 104 (1) of the Australian Consumer Law, set out in Schedule 2 to the Competition and Consumer Act 2010.

Dated 4 January 2013

David Bradbury Assistant Treasurer

1 Name of safety standard

This safety standard is the Consumer Goods (Portable Swimming Pools) Safety Standard 2013.

2 Commencement

This safety standard commences on 30 March 2014.

3 Purpose

This safety standard sets out mandatory labelling requirements for portable swimming pools and packaging for portable swimming pools.

4 Definitions

In this safety standard: Act means the Competition and Consumer Act 2010. portable swimming pool has the meaning given by section 5.

Note Australian Consumer Law is defined in subsection 4 (1) of the Act.

5 Portable swimming pools

In this safety standard, a portable swimming pool is a swimming pool that is: (a) intended for personal, domestic or household use; and (b) one of the following: (i) an inflatable swimming pool, of any depth; (ii) a soft-sided swimming pool, of any depth; (iii) a rigid-sided swimming pool that is not deeper than 300 mm.

6 Warning message on portable swimming pools

(1) For paragraph 104 (2) (c) of the Australian Consumer Law, a portable swimming pool must display a permanent warning message.

(2) If the depth of the portable swimming pool is less than 300 mm, the warning message must include the following statement: "WARNING! Children have drowned in portable swimming pools. Ensure active adult supervision at all times. Do not leave children unsupervised in or around the pool—keep them within arms' reach. Empty and store safely after use."

(3) If the depth of the portable swimming pool is 300 mm or more, or if the portable swimming pool is capable of being filled to a depth of 300 mm or more, the warning message must include the following statement: "WARNING! Children have drowned in portable swimming pools. Ensure active adult supervision at all times. Do not leave children unsupervised in or around the pool—keep them within arms' reach. Pool fencing laws apply to this pool. Consult your local government authority for fencing requirements."