Section 104 — Competition and Consumer Act 2010: Making safety standards for consumer goods and product related services

(1) The Commonwealth Minister may, by written notice, for the purposes of preventing or reducing the risk of injury to any person, make a safety standard for one or both of the following: (a) consumer goods of a particular kind; (b) product related services of a particular kind. (2) Without limiting subsection (1), a safety standard for consumer goods of a particular kind may consist of requirements about the following matters: (a) the performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of consumer goods of that kind; (b) the testing of consumer goods of that kind during, or after the completion of, manufacture or processing; (c) the form and content of markings to accompany consumer goods of that kind; (d) the form and content of warnings, instructions or other information about consumer goods of that kind. (3) Without limiting subsection (1), a safety standard for product related services of a particular kind may consist of requirements about the following matters: (a) the manner in which services of that kind are supplied (including, but not limited to, the method of supply); (b) the skills or qualifications of persons who supply such services; (c) the materials used in supplying such services; (d) the testing of such services; (e) the form and content of warnings, instructions or other information about such services. (4) A safety standard may also deal with matters incidental or related to preventing or reducing the risk of injury to any person. (5) A safety standard may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing (an incorporated instrument): (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (6) If: (a) a safety standard makes provision in relation to a matter in accordance with subsection (5); and (b) the incorporated instrument is prepared or approved by an Australian or international standards body; the safety standard may also make provision in relation to any matter dealt with in the incorporated instrument.