Product Safety Standards (Household Cots) Regulations 2005

Reprint
as at 22 July 2005

Crest

Product Safety Standards (Household Cots) Regulations 2005

(SR 2005/212)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of July 2005

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Consumer Affairs.

Pursuant to section 29 of the Fair Trading Act 1986, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Consumer Affairs, makes the following regulations.

Regulations

1 Title

  • These regulations are the Product Safety Standards (Household Cots) Regulations 2005.

2 Commencement

  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    antique cot means a cot that is more than 100 years old

    collectible cot means a cot less than 100 years old that is supplied as a collectors' item and is not intended for use as a sleeping facility for an infant or a child

    cot means a free-standing product with raised sides and ends that is designed as an enclosed sleeping facility for an infant or a child.

4 Application

  • (1) These regulations apply to cots designed or intended for use as a sleeping facility for an infant or a child in the home.

    (2) However, these regulations do not apply to the following:

    • (a) folding cots:

    • (b) carry cots:

    • (c) cradles:

    • (d) bassinets:

    • (e) antique cots or collectible cots that are labelled with a warning notice that can easily be read and that is displayed in a conspicuous position, either on the cot or on any packaging, bearing the words “WARNING: THIS COT MAY NOT BE SUITABLE FOR USE AS A SLEEPING FACILITY FOR INFANTS OR CHILDREN”.

5 Australian/New Zealand Standard 2172:2003 Cots for household use—Safety requirements declared to be product safety standard

  • Australian/New Zealand Standard 2172:2003 Cots for household use—Safety requirements (with the variations set out in the Schedule of these regulations) is a product safety standard for cots to which this regulation applies for the purposes of section 29 of the Fair Trading Act 1986.

6 Revocation

  • The Product Safety Standards (Household Cots) Regulations 2000 (SR 2000/162) are revoked on the close of the period of 1 year beginning on the day after the date on which these regulations are notified in the Gazette.

7 Transitional provisions

  • Until the Product Safety Standards (Household Cots) Regulations 2000 are revoked,—

    • (a) a person must comply with either the Product Safety Standards (Household Cots) Regulations 2000 or these regulations; and

    • (b) compliance with either set of regulations is compliance with the other set of regulations.

Schedule
Variations to Australian/New Zealand Standard 2172:2003 Cots for household use—Safety requirements

r 5

Part 1
Variations to Australian/New Zealand Standard 2172:2003

Cots for household use—Safety requirements for cots except second-hand cots
ProvisionVariations
1Omit this clause
2Omit this clause
4Omit this clause
7Omit this clause
8Omit this clause

Part 2
Variations to Australian/New Zealand Standard 2172:2003

Cots for household use—Safety requirements for second-hand cots
ProvisionVariations
1Omit this clause
2Omit this clause
4Omit this clause
7Omit this clause
8Omit this clause
9Omit subclauses 9.3 to 9.8
10Omit this clause
11Omit this clause
12Omit this clause

Diane Morcom,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, prescribe a product safety standard for cots. The regulations apply to cots designed or intended for use as a sleeping facility for an infant or a child in the home. They do not apply to folding cots, carry cots, cradles, or bassinets, or to antique cots or collectible cots that bear a warning that they may be unsuitable as a sleeping facility.

These regulations declare certain parts of the Australian/New Zealand Standard 2172:2003 Cots for household use—Safety requirements set out in the Schedule to be a product safety standard under section 29 of the Fair Trading Act 1986. Part 2 of the Schedule sets out the parts that apply to secondhand cots, while Part 1 sets out the parts that apply to all cots that are not secondhand. These regulations also—

  • provide for a transitional period of 1 year during which people can comply with either these regulations or with the Product Safety Standards (Household Cots) Regulations 2000 (which incorporate the version previous to the Australian/New Zealand Standard 2172:2003):

  • revoke the Product Safety Standards (Household Cots) Regulations 2000 1 year after these regulations are notified in the Gazette.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 July 2005.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Product Safety Standards (Household Cots) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 22 July 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)