Fair Trading Amendment Act 2013

  • A correction has been made to section 29 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.

Product safety

18 New sections 30A and 30B inserted
  • The following sections are inserted after section 30:

    30A Product safety policy statements
    • (1) The Minister may, if the Minister considers it necessary or desirable, issue a product safety policy statement that—

      • (a) relates to goods of any description or any class or classes of goods; and

      • (b) provides guidance on the safety of those goods to consumers, retailers, and manufacturers.

      (2) The Minister may, at any time, amend, revoke, or replace a product safety policy statement.

      (3) However, the Minister must not issue, amend, revoke, or replace a product safety policy statement unless—

      • (a) the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by the proposed statement, and those persons have had the opportunity to comment to the Minister; and

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

      (4) The chief executive—

      • (a) must ensure that a copy of every statement issued, amended, or replaced under this section or under section 30B is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry; and

      • (b) may make copies of statements available in any other way that the chief executive considers appropriate in the circumstances.

    30B Review of product safety policy statements
    • (1) The Ministry must—

      • (a) review a product safety policy statement issued under section 30A within 5 years after its issue or (in the case of a subsequent review) within 5 years after the last review; and

      • (b) immediately following the review, prepare a report on the review for the Minister.

      (2) The report must include recommendations to the Minister on whether the statement should be continued, amended, revoked, or replaced.

      (3) However, the Ministry must not prepare a report under this section unless—

      • (a) the Ministry has consulted such persons or representatives of such persons as the Ministry considers will be substantially affected by the proposed recommendations, and those persons have had the opportunity to comment to the Ministry; and

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

      (4) As soon as practicable after receiving the report, the Minister must—

      • (a) consider the recommendations and any comments received by the Ministry under subsection (3)(a); and

      • (b) decide whether to continue, amend, revoke, or replace the statement; and

      • (c) ensure that the Minister's decision is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry.