Version No. 001
Consumer Affairs (Product Safety)
(Children's Toys) Regulations 1998
S.R. No. 2/1998
Version as at 20 January 1998
TABLE OF PROVISIONS
Regulation
1.
Objective
2.
Authorising provisions
3.
Definitions
4.
Application of Regulations
5.
Exemption
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Page
1
1
1
2
4
SCHEDULES
6
SCHEDULE 1—Objects defined as a "toy"
6
SCHEDULE 2—Objects to which the Regulations do not apply
7
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ENDNOTES
8
1. General Information
8
2. Table of Amendments
9
3. Explanatory Details
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i
Version No. 001
Consumer Affairs (Product Safety)
(Children's Toys) Regulations 1998
S.R. No. 2/1998
Version as at 20 January 1998
1. Objective
The objective of these Regulations is to make
regulations for the purpose of reducing the risk of
ingestion or inhalation hazards associated with
certain toys for children less than 3 years of age.
2. Authorising provisions
These Regulations are made under sections 59, 60,
61A and 69 of the Consumer Affairs Act 1972.
3. Definitions
In these Regulations
"AS 1647.2–1992" means the Australian
Standard 1647.2–1992, 'Children's Toys
(Safety Requirements) Part 2: Constructional
Requirements', published by the Standards
Association of Australia on 14 September
1992 and as amended by Amendment No. 1
published on 5 March 1995;
"foamed plastics" means materials made from
closed cell polyethylene, ethyl vinyl acetate
or like material;
"package" means a thing in which a toy is
packed, wrapped or contained (whether or
not the toy is partially or totally visible when
so packed, wrapped or contained) at the time
at which the toy is sold;
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"toy" means an object or a number of objects
manufactured and designed, labelled or
marketed as a plaything for a child or
children up to 3 years of age and includes,
but is not limited to, the objects listed in
Schedule 1 to these Regulations.
4. Application of Regulations
(1) These Regulations do not apply to an object listed
in Schedule 2.
(2) Subject to the modifications in sub-regulation (3),
the following clauses of and appendices to
AS 1647.2–1992 apply to toys to which these
Regulations apply
(a) the definitions in clauses 4.2, 4.3, 4.4, 4.5,
4.9, 4.10, 4.11, 4.12, 4.16, 4.20, 4.21, 4.22,
4.23, 4.24, 4.25 and 4.26; and
(b) the specific requirements for particular toys
in clauses 7.1, 7.2, 7.10(d), 7.15.6(a)(iv); and
(c) the general test requirements for an ingestion
or inhalation hazard in clause 9.4; and
(d) the normal use and reasonably foreseeable
abuse test requirements in clause 10; and
(e) Appendix A and Appendices D to V
(inclusive).
(3) The clauses and appendices referred to in subregulation (2) apply as if
(a) for clause 7.2, there were substituted
"7.2 Stuffed toys.
Stuffed toys shall
not produce an ingestion or inhalation
hazard when tested in accordance with
Appendix O.";
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(b) in clauses 10.2.1, 10.2.2, 10.3.1 to 10.3.4
(inclusive), 10.3.6, 10.3.7, 10.3.10 and
10.3.13 "a hazardous sharp edge, a
hazardous sharp point or, if applicable," were
omitted;
(c) in clauses 10.3.5 and 10.3.11 "a hazardous
sharp edge, a hazardous sharp point or" were
omitted;
(d) in clauses 10.3.9 and 10.3.15, for all the
words after "not" there were substituted
"produce an ingestion or inhalation hazard";
(e) in clause 10.3.14, after "from the toy" there
were inserted "and shall not produce an
ingestion or inhalation hazard";
(f) in Appendix D, in paragraph D5, for "If"
there were substituted "Subject to clause 9.4,
if";
(g) in Appendices F to K (inclusive), M, N and
Q, in paragraphs F5(d), G6(i), H5(f), I5(g),
J5(e), K5(h), M5(h), N6(i) and Q5(g)
"Appendices B, C and, if applicable," were
omitted;
(h) in Appendices L and R, in paragraphs L5(f)
and R5(h), for "Appendices B, C and D"
there were substituted "Appendix D";
(i) in Appendices F to N (inclusive), Q, R and
T, paragraphs F6(d)(i) and (ii), G7(c)(i) and
(ii), H6(c)(i) and (ii), I6(d)(i) and (ii),
J6(b)(i) and (ii), K6(a) and (b), L6(b)(i) and
(ii), M6(d)(i) and (ii), N7(d)(i) and (ii),
Q6(a)(i) and (ii), R6(d)(i) and (ii), and T5(h)
were omitted;
(j) in Appendix L, in paragraphs L5(b) and
L5(g), "a hazardous sharp edge, hazardous
sharp point or" were omitted;
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(k) in Appendix N, in paragraph N2, for "neither
developed a hazardous sharp edge nor a
hazardous sharp point, nor, if applicable,
produced" there were substituted "did not
produce";
(l) in Appendix T—
(i) in paragraph T5(i), for "(h)" there were
substituted "(g)";
(ii) in paragraph T6(b), for "was a
hazardous sharp point when tested in
accordance with Appendix C" there
were substituted "produced an ingestion
or inhalation hazard;
(m) in Appendix U, in paragraph U6(b), after
"outlet" there were inserted "and whether
any such objects produced an ingestion or
inhalation hazard";
(n) in Appendix V, for paragraph V6(a), there
were substituted
"(a) Whether the toy produced an ingestion
or inhalation hazard.".
5. Exemption
(1) A toy that is made wholly from foamed plastics
and that is labelled in accordance with subregulations (2) and (3) is exempted from
complying with the clauses and appendices
referred to in regulation 4(2) and (3).
(2) A toy referred to in sub-regulation (1) must
conspicuously display on the toy or the package of
that toy the following words
"WARNING: NOT SUITABLE FOR
CHILDREN UNDER 3 YEARS AS FOAM
PIECES MAY BREAK OFF AND CAUSE A
CHOKING HAZARD".
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(3) The words in sub-regulation (2) must be clearly
legible, in upper case, in red letters on a white
background and in characters
(a) for the word "Warning", not less than 5 mm
high; and
(b) for the words after "Warning", not less than
25 mm high.
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SCHEDULES
SCHEDULE 1
Regulation 3
OBJECTS DEFINED AS A "TOY"
(a)
rattles;
(b) dummies;
(c)
toy dummies;
(d) teethers;
(e)
squeeze toys;
(f)
toys to be attached to a crib, stroller, playpen or baby carriage;
(g) pull and push toys;
(h) pounding toys;
(i)
blocks and stacking toys;
(j)
toys for use in a bath tub, wading pools and sand;
(k) rocking, spring and stick horses and other figures;
(l)
musical chime toys;
(m) jacks-in-the-box;
(n) stuffed, plush, flocked animals and other figures;
(o) games;
(p) ride-on and sit-on toys;
(q) puzzles;
(r)
dolls;
(s)
toy cars, trucks and other vehicles.
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SCHEDULE 2
Regulation 4
OBJECTS TO WHICH THE REGULATIONS DO NOT APPLY
(a)
balloons;
(b) marbles;
(c)
gramophone records;
(d) books;
(e)
writing materials including crayons, chalk, pencils and pens;
(f)
paints including finger paints and water paints, paint brushes and other
painting implements;
(g) modelling materials including clay, plasticine and playdough;
(h) bicycles having a wheelbase of not less than 640 mm;
(i)
flotation aid toys;
(j)
toys that are made wholly from highly porous material (for example
cheesecloth);
(k) playground equipment for parks, schools and domestic use, including
swings; see-saws; slides; agility apparatus; climbing, swinging,
rotating and rocking apparatus; cubby houses; sand pits; apparatus for
use in sand; sliding poles and ladders;
(l)
toys supplied wholly or partially unassembled which are designed on
assembly by an adult to comply with the relevant clauses and
appendices referred to in regulation 4(2) and (3).
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Consumer Affairs (Product Safety) (Children's Toys)
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Endnotes
S.R. No. 2/1998
ENDNOTES
1. General Information
The Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998,
S.R. No. 2/1998 were made on 20 January 1998 by the Governor in Council
under sections 59, 60, 61A and 69 of the Consumer Affairs Act 1972,
No. 8276 and came into operation on 20 January 1998.
The Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998
will sunset 10 years after the day of making on 20 January 2008 (see
section 5 of the Subordinate Legislation Act 1994).
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2. Table of Amendments
There are no amendments made to the Consumer Affairs (Product Safety)
(Children's Toys) Regulations 1998 by statutory rules, subordinate
instruments and Acts.
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Endnotes
Consumer Affairs (Product Safety) (Children's Toys)
Regulations 1998
Endnotes
S.R. No. 2/1998
3. Explanatory Details
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulations 3 and 4
AS 1647.2–1992 Children's
Toys (Safety Requirements)
Part 2: Constructional
Requirements, published by
the Standards Association of
Australia on 14 September
1992 and as amended by
Amendment No. 1 published
on 5 March 1995.
The Whole.
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