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COMMONWEALTH OF AUSTRALIA

COMPETITION AND CONSUMER ACT 2010

Consumer Protection Notice No.  16  of 2011

PERMANENT BAN ON POOLS AND SPAS WITH UNSAFE DESIGN FEATURES

I, DAVID BRADBURY, Parliamentary Secretary to the Treasurer, pursuant to subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010, IMPOSE a permanent ban on the goods specified below.

Particulars of Goods
    1. Potty skimmers designed for installation in domestic swimming pools or spas.

   2.            Pool or spa outlets which are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.
   Note: In this clause, 'outlets' does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

   3.            Transportable swimming pools or spas which contain integrally moulded potty skimmers or outlets that are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.
   Note: In this clause, 'outlets' does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

Interpretation:

"ANSI" means American National Standards Institute.

"ASME" means American Society of Mechanical Engineers.

"ASTM" means American Society for Testing and Materials.

"Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment" includes AS1926.3; AS2610.2 and ANSI A112.

"Potty skimmer" means a pool or spa outlet at water level used as a suction point for the water reticulation system which (a) resembles a child's chamber‑pot or other toilet device and which (b) has no protective device fixed to the skimmer box outlet which would prevent a person becoming lodged or caught in the skimmer box outlet through the operation and effect of suction within or through the water reticulation system.

Note: Goods subject to this Notice and which fail to comply may be subject to compulsory recall. This includes goods which subsequently become fixtures [by virtue of subsection 122(3) of Schedule 2 to the Act].

Dated this 1st day of February 2011.

DAVID BRADBURY
Parliamentary Secretary to the Treasurer