Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020

This instrument is the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020.

This instrument is made under subsection 104(1) of the Australian Consumer Law.

Note: The reference to the Australian 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 Definitions

In this instrument:

applicable industry standard means each of the following:

(a) the Australian (Audio/Video) Standard;

(b) the Australian (Electric Toys) Standard;

(d) the Electronic Apparatus Standard;

(e) the International (Audio/Video) Standard;

(f) the International (Electric Toys) Standard;

(g) the International (Safety of Toys) Standard;

(h) the Lithium Technologies Standard;

(i) the Luminaires Standard.

application day means the day after the period of 18 months beginning on the day this instrument commences.

Australian (Audio/Video) Standard means the Australian/New Zealand Standard AS/NZS 62368.1:2018 Audio/video, information and communication technology equipment‑Part 1: Safety requirements, 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 Australian (Audio/Video) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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.

Australian (Electric Toys) 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 Australian (Electric Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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.

Australian (Safety of Toys) Standard means the Australian/New Zealand Standard AS/NZS 8124.1:2019 Safety of Toys Part 1: Safety aspects related to mechanical and physical properties, 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 Australian (Safety of Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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.

button/coin battery means a small, single cell battery with a diameter greater than the battery’s height.

Electronic Apparatus Standard means the Australian/New Zealand Standard AS/NZS 60065:2018 Audio, video and similar electronic apparatus‑Safety requirements, 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 Electronic Apparatus Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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.

hearing aid means medical electrical equipment which picks up sound and delivers processed sound for human hearing.

International (Audio/Video) Standard means the International Standard IEC 62368‑1:2018 Audio/video, information and communication technology equipment‑Part 1: Safety requirements, 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 International (Audio/Video) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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 (Electric Toys) Standard means the International Standard IEC 62115:2017 Electric toys—Safety, published by the International Electrotechnical Commission, as in force or existing at the time when this instrument commences.

Note: The International (Electric Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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 (Safety of Toys) Standard means the International Standard ISO 8124.1:2019 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 commences.

Note: The International (Safety of Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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.

Lithium Technologies Standard means UL 4200A UL Standard for Safety for Products Incorporating Button or Coin Cell Batteries of Lithium Technologies, as published by UL Standards, as in force or existing at the time when this instrument commences.

Note: The Lithium Technologies Standard could in 2020 be purchased from the UL Standards’ website (https://standardscatalog.ul.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.

Luminaires Standard means the Australian/New Zealand Standard AS/NZS 60598.1:2017 Luminaires Part 1: General requirements and tests, 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 Luminaires Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.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.

5 Applicable industry standards taken to apply to consumer goods with button/coin batteries

For the purposes of this instrument, an applicable industry standard is taken to apply to button/coin batteries, even if the class of battery the standard otherwise applies to is more limited.

6 Application

(1) This instrument applies to consumer goods containing a button/coin battery.

Note: Goods include any component part of, or accessory to, goods: see paragraph (d) of the definition of goods in section 2 of the Australian Consumer Law.

(2) For the purposes of subsection (1), consumer goods contain a button/coin battery if:

(a) the battery is installed, or is to be installed, in the consumer goods to power the consumer goods; or

(b) the consumer goods are designed to store such batteries.

(3) However, this instrument does not apply to the following:

(a) consumer goods that were first supplied to a consumer before the application day;

(b) consumer goods supplied in a one‑off transaction by a supplier who had acquired the goods as a consumer;

(d) equipment to which all of the following apply:

(i) the equipment is intended to be used in trades, professions or industries;

(ii) the equipment is not intended for sale to the general public;

(iii) the equipment is not intended to be used where children are present;

(e) consumer goods that contain button/coin batteries that are soldered in place if:

(i) the consumer goods are electrical and electronic equipment within the field of audio, video, information and communication technology; or

(ii) the consumer goods are business and office machines with a rated voltage not exceeding 600 volts.

Note 1: Examples of consumer goods to which subparagraph (e)(i) applies include personal computers, electronic musical instruments and smartphones.

Note 2: Examples of consumer goods to which subparagraph (e)(ii) applies include cash registers, calculators and copying machines.

Part 2—Requirements

Division 1—Introduction

7 Requirements to be complied with on and after application day

On and after the application day, consumer goods containing a button/coin battery must comply with the requirements set out in this Part that apply to the consumer goods.

Division 2—Details of requirements

8 Button/coin batteries must not release during reasonably foreseeable use or misuse conditions

(1) If consumer goods contain a button/coin battery (whether or not the battery is intended to be replaceable), the battery in the consumer goods must not release during reasonably foreseeable use or misuse conditions.

(2) The consumer goods comply with the requirements in subsection (1) if, and only if, the consumer goods comply with the requirements in:

(a) subsection 12(1) (product‑specific standards); or

(b) section 16 (non‑product‑specific standards).

Note: On request by the regulator, a supplier may be required to nominate the applicable requirements under subsection (2): see section 108 of the Australian Consumer Law.

9 Compartment holding button/coin batteries must be resistant to being opened by young children

(1) If consumer goods contain a button/coin battery that is intended to be replaceable by a consumer, the compartment in which the battery is held must be designed to ensure the compartment is resistant to being opened by young children.

(2) The consumer goods comply with the requirements in subsection (1) if, and only if, the consumer goods comply with the requirements in:

(a) subsection 13(1) (Audio/Video and Electronic Apparatus Standards); or

(b) subsection 14(1) (Luminaires Standard); or

(d) section 17 (non‑product‑specific standards).

Note: On request by the regulator, a supplier may be required to nominate the applicable requirements under subsection (2): see section 108 of the Australian Consumer Law.

10 Fasteners for doors or covers to compartments holding button/coin batteries must be captive etc.

(1) This section applies to consumer goods containing a button/coin battery if:

(a) the battery is held in a compartment in the consumer goods; and

(b) the door or cover providing access to the compartment is secured by screws or similar fasteners; and

(c) those consumer goods comply with the requirements in subsection 8(1) by complying with the requirements in section 16 (non‑product‑specific standards) rather than complying with the requirements in subsection 12(1) (product‑specific standards).

(2) The consumer goods must be designed to ensure the screws or similar fasteners used to secure the door or cover providing access to the compartment are captive and remain with the door or cover.

(3) The consumer goods comply with the requirements in subsection (2) if, and only if, before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with:

(a) clause 13.4.6 of the Australian (Electric Toys) Standard; or

(b) clause 13.4.6 of the International (Electric Toys) Standard; or

11 Secureness of consumer goods with non‑replaceable button/coin battery accessible by consumers must be tested

(1) This section applies to consumer goods containing a button/coin battery if:

(a) the battery contained in the consumer goods is not intended to be replaceable by a consumer; and

(b) the battery is accessible to the consumer.

Note: Musical greeting cards are an example of the consumer goods to which this section applies.

(2) Before the supply of the consumer goods to a consumer, representative samples of the consumer goods must meet the test set out in section 6.4 of the Lithium Technologies Standard.

Division 3—Product‑specific standards

12 Satisfying section 8 with product‑specific standards

(1) Consumer goods containing a button/coin battery comply with the requirements in this subsection if:

(a) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with one of the following:

(i) clauses 4.8.4.2 to 4.8.4.6 of the Australian (Audio/Video) Standard;

(ii) clauses 4.8.4.2 to 4.8.4.6 of the International (Audio/Video) Standard;

(iii) clause 5.24 of the Australian (Safety of Toys) Standard;

(iv) clause 5.24 of the International (Safety of Toys) Standard;

(v) clauses 12.7.3.2 to 12.7.3.6 of the Electronic Apparatus Standard;

(vi) clause 4.101.1 of the Luminaires Standard; and

(b) the button/coin batteries contained in the samples are not released during the testing.

(2) If consumer goods cannot comply with subsection (1) because a test in a specified clause of a standard in the subsection is not appropriate for that kind of consumer goods, the consumer goods are taken to comply with that subsection if:

(a) an alternative test that is more appropriate is applied; and

(b) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

(c) applying that alternative test (along with the other tests of the standard that apply and are appropriate) ensures that the battery is not released during reasonably foreseeable use or misuse conditions.

13 Satisfying section 9 with Audio/Video and Electronic Apparatus Standards

(1) Consumer goods containing a button/coin battery comply with the requirements in this subsection if the consumer goods comply with the requirements in subsections (2) and (3).

(2) The consumer goods comply with the requirements in this subsection if the consumer goods comply with any of the following before the supply of the consumer goods to a consumer:

(a) clause 4.8.3 of the Australian (Audio/Video) Standard;

(b) clause 4.8.3 of the International (Audio/Video) Standard;

(3) The consumer goods comply with the requirements in this subsection if the consumer goods comply with an item of the following table before the supply of the consumer goods to a consumer:

Compliance testing
Item	Representative samples of the consumer goods are tested in accordance with ...	and those samples, after that testing, are compliant with:
1	clauses 4.8.4.2 to 4.8.4.6 of the Australian (Audio/Video) Standard	clause 4.8.5 of the Australian (Audio/Video) Standard.
2	clauses 4.8.4.2 to 4.8.4.6 of the International (Audio/Video) Standard	clause 4.8.5 of the International (Audio/Video) Standard.
3	clauses 12.7.3.2 to 12.7.3.6 of the Electronic Apparatus Standard	clause 12.7.4 of the Electronic Apparatus Standard.

(4) Subsection (5) applies if consumer goods cannot comply with subsection (2) or an item of the table in subsection (3) because a test in a specified clause of a standard in the subsection or the item is not appropriate for that kind of consumer goods.

(5) The consumer goods are taken to comply with the subsection or item if:

(a) an alternative test that is more appropriate is applied; and

(b) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

(c) applying that alternative test (along with the other tests of the standard that apply and are appropriate) ensures the compartment in which the battery is held is resistant to being opened by young children.

14 Satisfying section 9 with Luminaires Standard

(1) Consumer goods containing a button/coin battery comply with the requirements in this subsection if:

(a) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with clause 4.101.1 of the Luminaires Standard; and

(b) those samples, after that testing, are compliant with:

(i) clause 4.101.1 of the Luminaires Standard; and

(ii) clause 4.101.2 of the Luminaires Standard (if applicable).

(2) If consumer goods cannot comply with subsection (1) because a test in a specified clause of the Luminaires Standard is not appropriate for that kind of consumer goods, the consumer goods are taken to comply with that subsection if:

(a) an alternative test that is more appropriate is applied; and

(b) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

(c) applying that alternative test (along with the other tests of the Luminaires Standard which apply and are appropriate) ensures the compartment in which the battery is held is resistant to being opened by young children.

15 Satisfying section 9 with Safety of Toys Standards

(1) Consumer goods containing a button/coin battery comply with the requirements in this subsection if the consumer goods comply with an item of the following table before the supply of the consumer goods to a consumer.

Compliance testing
Item	Representative samples of the consumer goods are tested in accordance with ...	and those samples, after that testing, are compliant with:
1	clause 5.24 of the Australian (Safety of Toys) Standard	(a) clause 13.4.1 or 13.4.2 of the Australian (Electric Toys) Standard (whichever is applicable); and (b) clause 13.4.6 of the Australian (Electric Toys) Standard (if applicable).
2	clause 5.24 of the International (Safety of Toys) Standard	(a) clause 13.4.1 or 13.4.2 of the International (Electric Toys) Standard (whichever is applicable); and (b) clause 13.4.6 of the International (Electric Toys) Standard (if applicable).

(2) If consumer goods cannot comply with an item of the table in subsection (1) because a test in a specified clause of a standard in the item is not appropriate for that kind of consumer goods, the consumer goods are taken to comply with the item if:

(a) an alternative test that is more appropriate is applied; and

(b) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

Division 4—Non‑product‑specific standards

16 Satisfying section 8 with non‑product‑specific standards

Consumer goods containing a button/coin battery comply with the requirements in this section if:

(a) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with sections 6.3.2 to 6.3.4 of the Lithium Technologies Standard; and

(b) the button/coin batteries contained in the samples are not released during the testing.

17 Satisfying section 9 with non‑product‑specific standards

Consumer goods containing a button/coin battery comply with the requirements in this section if:

(a) the consumer goods comply with section 6.2 of the Lithium Technologies Standard; and

(b) both of the following occur:

(i) before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with sections 6.3.2 to 6.3.4 of the Lithium Technologies Standard;

(ii) those samples, after that testing, are compliant with section 6.3.5 of the Lithium Technologies Standard.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020	21 Dec 2020 (F2020L01656)	22 Dec 2020 (s 2(1) item 1)	s 5, 6
Consumer Goods (Products Containing Button/Coin Batteries) Amendment Safety Standard 2022	5 Apr 2022 (F2022L00538)	6 Apr 2022 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.....................	rep LA s 48D
s 4.....................	am F2022L00538