Federal Register of Legislation - Australian Government

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No. 1 of 2009 Standards/Product Safety as made
This Standard adopts and varies the Australian Standards for toys AS/NZS ISO 8124.3:2003 published by Standards Australia on 23 May 2003 and AS 8124.7-2003 published by Standards Australia on 26 June 2003 by setting maximum limits for accessible lead and certain elements in children's toys.
Administered by: Treasury
General Comments: This Notice was originally made under section 65E of the Trade Practices Act 1974 and is continued in force under section 104 of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010) (Act No. 51 of 1974) (see Schedule 7, item 4 of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010)).
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 16
Registered 02 Feb 2009
Tabling HistoryDate
Tabled HR03-Feb-2009
Tabled Senate03-Feb-2009


Trade Practices Act 1974

Consumer Protection Notice No. 1 of 2009


I, Christopher Bowen, pursuant to subsection 65E (1) of the Trade Practices Act 1974 and for the purposes of section 65C of that Act, hereby DECLARE that from 1 January 2010 the consumer product safety standard for lead and certain elements in children’s toys is the standard approved by Standards Australia specified in Division 1 of the Schedule, as varied by Division 2 of the Schedule.

For the purposes of this safety standard, children’s toys are as defined in Division 3 of the Schedule.



Division 1: The Standards

a) In respect of finger paints for children, clause 4.4 of Australian Standard AS 8124.7-2003, Safety of toys Part 7 – Finger paints – requirements and test methods, published by Standards Australia on 26 June 2003, and

b) In respect of other toys for children, Australian/New Zealand Standard AS/NZS ISO 8124.3:2003, Safety of toys Part 3 – Migration of certain elements, published by Standards Australia on 23 May 2003.

Division 2: Variation

Standard AS/NZS ISO 8124.3:2003 is varied as follows:

In Section 7 Selection of test portions, delete the sentence, “When appropriate, the toy shall be subjected to relevant tests in accordance with ISO 8124-1, before the accessibility is considered.”

Division 3: Definition of children’s toys

Children’s toys are products supplied new that are designed or clearly intended for use in play by children.

Products not included in the scope of this standard include sporting goods, camping goods, bicycles, home and public playground equipment, trampolines, electronic game units, models powered by combustion or steam engines and fashion jewellery for children.


Dated this 22nd day of January 2009






Chris Bowen
Minister for Competition Policy and Consumer Affairs