Flammable Clothing Act 1973 (Tas)

Flammable Clothing Act 1973

An Act to require the marking or labelling in a prescribed manner of certain articles of clothing [Royal Assent 22 January 1974]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Flammable Clothing Act 1973 .

2. Interpretation (1) In this Act, unless the contrary intention appears – Australian Standard means a standard issued by the Standards Association of Australia; authorized officer means the Director of Consumer Affairs and Fair Trading and a person declared to be or appointed as an authorized officer under Part III of the Consumer Affairs Act 1988 ; prescribed article of clothing means an article of clothing that is prescribed to be an article of clothing to which this Act applies. (2) References in this Act to the selling of an article shall be deemed to include references to offering or exposing that article for sale, and to the having possession of that article for any purpose of advertisement or trade.

3. Prohibition on selling certain articles of clothing (1) No person shall sell a prescribed article of clothing unless it is marked or labelled in accordance with the regulations made under this Act. Penalty: Fine not exceeding 5 penalty units. (2) In proceedings for an offence under this section in relation to a prescribed article of clothing, it shall be a defence for the defendant to show that at the time the offence is alleged to have been committed he had a belief, based on reasonable grounds, that that article of clothing was marked or labelled in accordance with the regulations under this Act, or was not a prescribed article of clothing.