Australia Approved the Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023

Vol. 1374 | 11 Sep 2023

Australia Government approved the Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023 and published in the Federal Register on 4 September 2023.

This new Safety Standard will replace the previous Consumer Product Safety Standard: Toys for children up to and including 36 months of age (Consumer Protection Notice No. 14 of 2003).

Children’s toys which are manufactured, designed, labelled or marketed as a plaything for a child up to and including 36 months of age are applicable to the Safety Standard, but excluding the following:

• balloons
• marbles
• tapes and compact discs
• books
• writing materials (including crayons, chalk, pencils and pens)
• paints, paint brushes and other painting implements
• modelling materials (including clay, plasticine and play dough)
• bicycles with a wheelbase of not less than 640mm
• home and public playground equipment
• goods supplied wholly or partially unassembled for assembly by an adult after supply if, were the goods to be assembled in accordance with instructions, the assembled goods would comply with the requirements
• flotation toys
• pacifiers
• toys made wholly from highly porous material (except toys with pompoms)
• toys made from closed cell polyethylene, ethylene vinyl acetate or like material which are labelled with a warning that:
  • is clearly visible, prominent and legible; and
  • 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
  • contains the word “WARNING” in red upper case letters that are at least 5 mm high and on a white background; and
  • contains the words “NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD” in red upper case letters that are at least 2.5mm high and on a white background.

This Safety Standard shall be effective on 5 September 2023, but there is an 18 months transition period, which will end on 5 March 2025.

Before the transition period, applicable products shall comply with one of the following:

• Clause 4.1.1, 4.2, 4.4.1, 4.5.1, 4.5.2, 4.5.3, 4.5.4, 4.5.5 and 4.26 of AS/NZS ISO 8124.1:2023 as modified prescribed in this Standard
• Clause 5.1, 5.8, 5.10 and 5.11 of EN 71-1:2014+A1:2018
• Clause 4.6.1, 4.6.2, 4.20.2, 4.22, 4.23, 4.24, 4.27, 4.32, 4.34.1 and 4.35 of ASTM F-963-17 as modified prescribed in this Standard
• The Consumer Product Safety Standard: Toys for children up to and including 36 months of age (Consumer Protection Notice No. 14 of 2003)
• Clause 13.4.1 of AS/NZS 62115:2018 for electric toys, as modified prescribed in this Standard

After the transition period, applicable products shall comply with one of the following:

• Clause 4.1.1, 4.2, 4.4.1, 4.5.1, 4.5.2, 4.5.3, 4.5.4, 4.5.5 and 4.26 of AS/NZS ISO 8124.1:2023 as modified prescribed in this Standard
• Clause 5.1, 5.8, 5.10 and 5.11 of EN 71-1:2014+A1:2018
• Clause 4.6.1, 4.6.2, 4.20.2, 4.22, 4.23, 4.24, 4.27, 4.32, 4.34.1 and 4.35 of ASTM F-963-17 as modified prescribed in this Standard
• Clause 13.4.1 of AS/NZS 62115:2018 for electric toys, as modified prescribed in this Standard

If you have any questions, please contact our technical expert Carl Tso (carl.tso@intertek.com).

You can also visit our Global Market Access Knowledge Portal at gma.intertek.com to get up-to-date global compliance information tailored to your needs for 180 product types in over 40 different markets with a few clicks.