Fair Trading Act 1986 No 121 (as at 01 May 2011), Public Act

Act by section

29 Product safety standards
  • (1) The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations in respect of goods of any description or any class or classes of goods, prescribing for the purpose of preventing or reducing the risk of injury to any person, a product safety standard or 2 or more product safety standards relating to all or any of the following matters—

    • (a) the performance, composition, contents, manufacture, processing, design, construction, finish or packaging of the goods:

    • (b) the testing of the goods during or after manufacture or processing:

    • (c) the form and content of markings, warnings, or instructions to accompany the goods.

    (2) The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations declaring that:

    • (a) an official standard or an official standard with such additions or variations as are specified in the regulations is a product safety standard:

    • (b) a specified part or parts of an official standard or of an official standard with such additions or variations as are specified in the regulations is a product safety standard:

    • (c) 2 or more official standards or 2 or more official standards with such additions or variations as are specified in the regulations are product safety standards:

    • (d) specified parts of 2 or more official standards or of 2 or more official standards with such additions or variations as are specified in the regulations are product safety standards.

    (3) The Minister must not make a recommendation under this section unless—

    • (a) the Minister has consulted with such persons or representatives of such persons as the Minister considers will be substantially affected by any Order in Council made in accordance with the recommendation and those persons have had the opportunity to comment to the Minister; and

    • (b) the Minister has considered any such comments.

    (4) A failure to comply with subsection (3) does not affect the validity of any Order in Council made under this section.

    Section 29: substituted, on 28 July 1997, by section 4 of the Fair Trading Amendment Act 1997 (1997 No 43).