Federal Register of Legislation - Australian Government

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No. 6 of 2010 Standards/Product Safety as made
This Notice declares that certain goods containing more than 1% diethylhexyl phthalate (DEHP) are unsafe goods.
Administered by: Treasury
General Comments: This notice was originally made under subsection 65C(5) of the Trade Practices Act 1974. Item 2 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010) provides that this notice remains in force from 1 January 2011 as if it had been made under section 109 of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Act No. 51 of 1974)).

Note: the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010 on 1 January 2011 (see item 2 of Schedule 5 to 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 23 Dec 2010
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate08-Feb-2011

COMMONWEALTH OF AUSTRALIA

 

TRADE PRACTICES ACT 1974

 

Consumer Protection Notice No. 6 of 2010

 

DECLARATION THAT CERTAIN GOODS CONTAINING MORE THAN 1% DIETHYLHEXYL PHTHALATE (DEHP) ARE UNSAFE GOODS

 

I, CRAIG EMERSON, Minister for Competition Policy and Consumer Affairs, pursuant to section 65C(5) of the Trade Practices Act 1974 DECLARE goods of the kind specified below to be unsafe goods:

 

Particulars of goods:

 

a)      Toys;

 

b)      childcare articles including, but not limited to, dummies, pacifiers, teething rings, teething rails, rattles, bibs, gum soothers, and comforting objects; and

 

c)      eating vessels and utensils including, but not limited to, feeding bottles, sip/sucking cups, bowls, plates, and cutlery

 

that:

 

d)      are intended for use by children up to and including 36 months of age;

 

e)      contain, or that have a component which contains, more than 1% by weight of the chemical identified by the unique Chemical Abstract Service (CAS) Number 117­81-7 (also know as Diethylhexyl phthalate (DEHP), Di(2-ethylhexyl)phthalate and Bis(2-ethylhexyl)phthalate); and

 

f)        are, or have a component containing more than 1% by weight of the chemical identified by the unique Chemical Abstract Service (CAS) Number 117-81-7 that is, readily able to be sucked and/or chewed by children up to and including 36 months of age;

 

but excluding

 

g)      clothing and footwear;

 

h)      sporting goods;

 

i)        floatation aids and aquatic toys for the specific purpose of assisting a supervised child to float or swim in water; and

 

j)        second hand goods.

 

Dated this 26th day of February 2010

 

 

CRAIG EMERSON

Minister for Competition Policy and Consumer Affairs