EXPOSURE DRAFT  
EXPOSURE DRAFT   
 
  
 Atta chmen t 1  
 
EXPOSURE DRAFT  
 
 
 
Consumer Goods (Toys for Children  up to and 
including 36 Months of Age ) Safety Standard 
2022 
I, Michael Sukkar , Assistant Treasurer, Minister for Housing and Minister for 
Homelessness, Social and Community Housing , make the following instrument . 
Dated     2022  
Michael Sukkar  [DRAFT ONLY —NOT FOR SIGNATURE]  
Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and 
Community Housing  
 
   
   
   
EXPOSURE DRAFT  
EXPOSURE DRAFT   
 
 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022  i 
  
 Contents  
Part  1—Preliminary  1 
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Schedules  ................................ ................................ ................................ ....................  1 
5 Definitions  ................................ ................................ ................................ ..................  1 
6 Application  ................................ ................................ ................................ .................  2 
7 Relationship of standards  ................................ ................................ ............................  4 
Part  2—Basic requirements  5 
8 Requirements during the transitional period  ................................ ...............................  5 
9 Requirements after the transitional period  ................................ ................................ .. 5 
Part  3—Details of requirements  6 
10 Australian/New Zealand Standard  ................................ ................................ ..............  6 
11 Modifications to testing standa rds—Australian/New Zealand Standard  .....................  7 
12 European Standard  ................................ ................................ ................................ ...... 7 
13 International Standard  ................................ ................................ ................................ . 7 
14 Modifications to testing standards —International Standard  ................................ ....... 7 
15 US Standard  ................................ ................................ ................................ ................  8 
16 Electric Toy Standard  ................................ ................................ ................................ . 8 
Schedule  1—Repeals  9 
Consumer Product Safety Standard: Toys for children up to and including 36 months 
of age (Consumer Protection Notice No. 14 of 2003) (Federal Register of Legislation 
No. F2008C00607)  9 
 EXPOSURE DRAFT  
EXPOSURE DRAFT     
Preliminary   Part 1  
   
 
Section  1 
 
 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022  1 
  
 Part  1—Preliminary  
   
1  Name  
  This instrument is  the Consumer Goods (Toys for Children up to and including 
36 Months of Age) Safety Standard 2022 . 
2  Commencement  
 (1) Each provision of this instrument  specified in column 1 of the table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in column 2 has effect according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  The whole of this 
instrument  The day after this instrument is  registered.   
Note:  This table relates only to the provisions of this instrument  as originally made . It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument . 
Information may be inserted in this column, or information in it may be edited, in 
any published version of this instrument . 
3  Authority  
  This instrument is  made under  subsection  104(1) of the Australian Consumer 
Law.  
Note:  The reference to the Austral ian Consumer Law is a reference to Schedule  2 to the 
Competition and Consumer Act 2010  as it applies as a law of the Commonwealth, 
States and Territories: see section  140K of that Act and corresponding provisions of 
Acts of States and Territories applying that Schedule.  
4  Schedules  
  Each instrument that is specified in a Schedule to this instrument is amended or 
repealed as set out in the applicable items in the Schedule concerned, and any 
other item in a Schedule to this instrument has effect according t o its terms.  
5  Definitions  
  In this instrument:  
Australian/New Zealand Standard  means the Australian/New Zealand Standard 
AS/NZS ISO 8124.1:2019 Safety of toys Part 1: Safety aspects related to 
mechanical and physical properties , published jointly by, or  on behalf of, EXPOSURE DRAFT  
EXPOSURE DRAFT     
Part 1   Preliminary  
   
 
Section  6 
 
2 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022   
  
 Standards Australia and Standards New Zealand, as in force or existing at the 
time when this instrument commences.  
Note:  The Australian/New Zealand Standard could in 202 1 be purchased  online  from SAI 
Global (https://www.saiglobal.com)  or Techstreet (http://techstreet.com) . The 
Australian Competition and Consumer Commission can make a copy of the standard 
available for viewing at one of its offices, subject to licensing conditions.  
children’s toy means a consumer good that is  designed or intended  for use in 
play by a child of 36 months of age or younger.  
Electric Toy Standard  means the Australian/New Zealand Standard AS/NZS 
62115:2018 Electric toys - Safety , published jointly by, or on behalf of, 
Standards Australia and Standards New Zealand, as in force or existing at the 
time when this instrument commences . 
Note:  The Electric Toy Standard could in 202 1 be purchased  online  from SAI Global 
(https://www.saiglobal.com)  or Techstreet (http: //techstreet.com) . The Australian 
Competition and Consumer Commission can make a copy of the standard available for 
viewing at one of its offices, subject to licensing conditions.  
European Standard  means the European Standard EN 71 -1:2014+A1:2018: 
Safety o f toys - Part 1: Mechanical and physical properties , published by the 
European Committee for Standardization, as in force or existing at the time when 
this instrument commences.  
Note:  The European  Standard could in 202 1 be purchased  online  from SAI Global 
(https://www.saiglobal.com)  or Techstreet (http://techstreet.com) . The Australian 
Competition and Consumer Commission can make a copy of the standard available for 
viewing at one of its offices, subject to licensing conditions.  
International Standard means  the International Standard ISO 8124 -1:2018 
Safety of toys — Part 1: Safety aspects related to mechanical and physical 
properties , published by the International Organization for Standardization, as in 
force or existing at the time when this instrument com mences.  
Note:  The International  Standard could in 202 1 be purchased  online  from SAI Global 
(https://www.saiglobal.com)  or Techstreet (http://techstreet.com) . The Australian 
Competition and Consumer Commission can make a copy of the standard available for 
viewing at one of its offices, subject to licensing conditions.  
transitional period  means the period of 1 8 months beginning on the day this 
instrument commences.  
US Standard  means the American Society for Testing and Materials Standard 
ASTM F963 - 17 Standard Consumer Safety Specification for Toy Safety, 
published by the American Society for Testing and Materials International, as in 
force or existing at the time when this ins trument commences.  
Note:  The US Standard could in 202 1 be purchased  online  from SAI Global 
(https://www.saiglobal.com)  or Techstreet (http://techstreet.com) . The Australian 
Competition and Consumer Commission can make a copy of the standard available for 
viewing at one of its offices, subject to licensing conditions.  
6  Application  
 (1) This instrument applies to children’s  toys.  EXPOSURE DRAFT  
EXPOSURE DRAFT     
Preliminary   Part 1  
   
 
Section  6 
 
 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022  3 
  
  (2) Without limiting subsection  (1), children’s toys include the following:  
 (a) rattles, toy dummies, teethers and squeeze toys ; 
 (b) toys to be attached to a crib, stroller, playpen or baby carriage;  
 (c) pull and push toys;  
 (d) pounding toys;  
 (e) blocks and stacking toys ; 
 (f) toys for use in a bath tub;  
 (g) rocking, spring and stick horses and figures;  
 (h) musical chime toy s; 
 (i) jacks -in-the-box; 
 (j) stuffed, plush and flocked animals and figures;  
 (k) toys with pompoms;  
 (l) games;  
 (m) puzzles;  
 (n) dolls;  
 (o) toy cars, trucks and other vehicles.  
 (3) However, this instrument does not apply to the following:  
 (a) balloons;  
 (b) marbles;  
 (c) tapes and compact discs;  
 (d) books;  
 (e) writing materials (including crayons, chalk, pencils and pens);  
 (f) paints, paint brushes and other painting implements;  
 (g) modelling materials (including clay, plasticine, and play dough);  
 (h) bicycles with a wheelbase of not less than 640mm;  
 (i) home and public playground equipment;  
 (j) goods supplied wholly or partially unassembled for assembly by an adult 
after supply, provided that, when assembled in accordance with 
instructio ns, the goods comply with the specified standards;  
 (k) flotation toys;  
 (l) pacifiers;  
 (m) toys made wholly fro m highly porous material (except toys with 
pompoms) ; 
 (n) toys made from closed cell polyethylene, ethylene vinyl acetate or like 
material whic h are labelled with a warning that : 
 (i) is clearly visible, prominent and legible; and  
 (ii) is in a conspicuous position on the toy  or, if the toy is displayed in 
packaging for retail sale, on a principal outer display face of the 
packaging in which the toy is displayed ; and  
 (iii) contain s the word  ‘WARNING’  in red upper case letters that are at 
least 5mm high and on a white background; and  
 (iv) contain s the words ‘NOT SUITABLE FOR CHILDREN UNDER 3 
YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A EXPOSURE DRAFT  
EXPOSURE DRAFT     
Part 1   Preliminary  
   
 
Section  7 
 
4 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022   
  
 CHOK ING HAZARD ’ in red upper case letters that are at least 
2.5mm high and on a white background.  
7  Relationship of standards  
 (1) This section applies if:  
 (a) both this standard and the  Consumer Goods (Products Containing 
Button/Coin Batteries) Safety Stand ard 2020  (the second standard ) apply 
in relation to a children’s toy; and  
 (b) a requirement under this standard that applies in relation to the toy either: 
 (i) deals with the  same or substantially the same matter as a requirement 
under the second standard ; or 
 (ii) achieves the same purpose as a requirement under the second 
standard . 
Note:  The Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 
2020  could in 2021 be viewed on the Federal Register of Legislation website  
(https://www.legislation.gov.au).  
 (2) The requirement under  this standard does not apply  in relation to the toy . 
Note:  A children’s toy may also be subject to requirements under the  Consumer Goods 
(Button/Coin Batteries) Safety Standard 2020 , the Consumer Goods (Button/Coin 
Batteries) Information Standard 2020  and the Consumer Goods (Products Containing 
Button/Coin Batteries) Information Standard 2020 . EXPOSURE DRAFT  
EXPOSURE DRAFT     
Basic requirements   Part 2  
   
 
Section  8 
 
 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022  5 
  
 Part  2—Basic requirements  
   
8  Requirements during the transitional period  
 (1) During the transitional period, a  children’s  toy must comply with either:  
 (a) one of the following:  
 (i) the requirements in se ctions 10 and 16 (Australian/New Zealand 
Standard);  
 (ii) the requirements in sections 12 and 16 (European Standard);  
 (iii) the requirements in sections 13 and 16 (International Standard);  
 (iv) the requirements in sections 15 and 16 (US Standard) ; or 
 (b) the Consumer Product Safety Standard : Toys for children up to and 
including 36 months of age  (Consumer Protection Notice No. 14 of 2003 ), 
as in force immediately before the commencement of this section.  
Note 1:  On request by the regulator, a supplier of children’s  toys may be required to nominate 
the applicable  requirements under paragraph  (a): see section  108 of the Australian 
Consumer Law.  
Note 2:  The Consumer Product Safety Standard: Toys for children up to and including 36 
months of age (Consumer Protection Notice No. 14 of 2003)  could in 202 1 be viewed 
on the Federal Register of Legislation website (https://www.legislation.gov.au).  
 (2) This section is repealed at the end of the last day of the transitional period.  
9  Requirements after the transitional period  
  After the transitional period, a  children’s  toy must comply with one of the 
following:  
 (a) the requirements in sections 10 and 16 (Australian/New Zealand Standard);  
 (b) the requirements in sections 12 and 16 (European Standard);  
 (c) the requirements in sections 13 and 16 (International Standard);  
 (d) the requirements in sections 15 and 16 (US Standard).  
Note:  On request by the regulator, a supplier of children’s  toys may be required to nominate 
the applicable requirements under this section: see section  108 of the Austral ian 
Consumer Law.  EXPOSURE DRAFT  
EXPOSURE DRAFT     
Part 3   Details of requirements  
   
 
Section  10 
 
6 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022   
  
 Part  3—Details of requirements  
   
10  Australian/New Zealand Standard  
 (1) A children’s  toy complies with the requirements of this section if the toy 
complies with each provision of the Australian/New Zealand Standard set out in 
subsectio n (3) that applies in relation to the  toy. 
 (2) The requirements are modified as described in subsection  (3), and  are affected by 
modifications to the Australian/New Zealand Standard  set out  in section 11. 
 (3) For the purposes of subsection  (1), the provisions  of the Australian/New Zealand 
Standard  are: 
 [(aa) clause  3, as modified by subsection  (3A);] 
 (a) clause  4.1; 
 (b) clause  4.2; 
 (c) subclause  4.4.1, as modified by subsections  (4) and ( 5); 
 (d) subclause  4.5.1, as modified by subsections  (4) and (6); 
 (e) subclause  4.5.2, as modified by subsections  (4) and ( 7); 
 (f) subclause  4.5.3, as modified by subsection  (4); 
 (g) subclause  4.5.4, as modified by subsection  (4); 
 (h) subclause  4.5.5, as modified by subsection  (4); 
 (i) clause  4.26, as modified by subsections  (4) and  (8). 
 [(3A) Clause  3 is modified by:  
 (a) omitting clauses  3.2, 3.3, 3.13, 3.40, 3.41, 3.42, 3.49. 3.50, 3.51 and 3.69; 
and 
 (b) by omitting “or damage to property or the environment” in clause  3.30.] 
 (4) Clause  4.26 and subclauses  4.4.1, 4.5.1, 4.5.2, 4.5.3, 4.5.4 and 4.5.5 of the 
Australian/New Zealand Standard are modified by omitting “intended” wherever 
occurring.  
 (5) Subclause  4.4.1 (heading) and subclause  4.4.1 of the Australian/New Zealand 
Standard  are modified by omitting “under 36 months” and substituting “up to 
and including 36 months”.  
 (6) Subclause  4.5.1 of the Australian/New Zealand Standard is modified by inserting 
“including teething necklaces” after the words “teething toys”.  
 (7) Subclause  4.5.2 of the Australian/New Zealand Standard is modified by omitting 
paragraph  (b). 
 (8) Clause  4.26 of the Australian/New Zealand Standard  is modified by omitting 
paragraph  (d). EXPOSURE DRAFT  
EXPOSURE DRAFT     
Details of requirements   Part 3  
   
 
Section  11 
 
 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022  7 
  
 11  Modifications to testing standards —Australian/New Zealand Standard  
 (1) Clause  5.1 of the Australian/New Zealand Standard  is modified by : 
 (a) omitting “from 18 months and over but under 36 months” and substituting 
“from 18 months up to and including 36 months”; and  
 (b) omitting “36 months and over but under 96 months”; and  
 (c) omitting “intended or appropriate for children under 96 months” 
substituting “intended or appropriate for children up to and including  36 
months of age ”; and  
 (d) omitting “inten ded” wherever occurring.  
 (2) Clause  5.2 of the Australian/New Zealand Standard  is modified by omitting “in 
any orientation” and substituting “in all possible orientations”.  
 (3) Clause  5.23 of the Australian/New Zealand Standard is modified by omitting 
“intended” wherever occurring.  
 (4) Subclause  5.24.7  of the Australian/New Zealand Standard  is modified by:  
 (a) omitting “under 36 months” and substituting “up to and including 36 
months”; and  
 (b) repealing the table item dealing with the age category 36 m onths and over 
but under 96 months.  
 [(5) Annex A is modified by:  
 (a) inserting “Further information can be found in the publication issues by 
the United States Consumer Product Safety Commission  Age 
Determination Guidelines’  at the end of clause A.1; and  
 (b) omitting the last sentence of clause A.4.1 ; 
 (c) omitting clause A.4.4.]  
12  European Standard  
 (1) A children’s  toy complies with the requirements in this section if the toy 
complies with each of the following provisions of the European Standard  that 
apply in relation to the toy : 
 (a) clause  4.11; 
 (b) clause  4.22; 
 (c) clause  5.1; 
 (d) clause  5.10; 
 (e) clause  5.11. 
13  International Standard  
[ACCC: To be drafted ] 
14  Modifications to testing standards —International Standard  
[ACCC: To be drafted]  EXPOSURE DRAFT  
EXPOSURE DRAFT     
Part 3   Details of requirements  
   
 
Section  15 
 
8 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022   
  
 15  US Standard  
 (1) A children’s  toy complies with  the requirements in this section if the toy 
complies with  each of  the following provisions of the US Standard  that apply in 
relation to the toy : 
 (a) subclause  4.6.1, as modified by subsection  (2); 
 (b) subclause  4.6.2; 
 (c) subclause  4.20.2;  
 (d) clause  4.22; 
 (e) clause  4.23; 
 (f) clause  4.24; 
 (g) clause  4.27; 
 (h) clause  4.32; 
 (i) subclause  4.34.1;  
 (j) clause  4.35. 
 (2) Subclause  4.6.1 is modified by omitting “intended”.  
16  Electric Toy Standard  
 (1) A children’s  toy complies with the requirements in this section if the  toy 
complies clause  13.4.1 of the Electric Toy Standard , as modified by 
subsection  (2). 
 (2) Clause  13.4.1 is modified by omitting all of the words after “Batteries that fit 
wholly within the small parts cylinder as specified in 5.2 of ISO 8124 -1:2014  
shall not be removable without the aid of a tool ”. EXPOSURE DRAFT  
EXPOSURE DRAFT     
Details of requirements   Part 3  
   
 
Section  16 
 
 Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety 
Standard 2022  9 
  
 Schedule  1—Repeals  
   
Consumer Product Safety Standard: Toys for children up to and 
including 36 months of age (Consumer Protection Notice No. 
14 of 2003)  (Federal Register of Legislation No. 
F2008C00607 ) 
1  The whole of the instrument  
Repeal the instrument . 