Fair Trading Amendment Regulation (No. 1) 2005 (Qld)

Queensland Fair Trading Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 76 made under the FairTradingAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Replacement of s 13 (Projectile toys). . . . . . . . . . . . . . . . . . . . . . 2 13 Projectile toy with stored energy. . . . . . . . . . . . . . . . . 2 13A Projectile supplied separately, rather than as part of a projectile toy with stored energy . . . . . . . . . . . . . . . 3 13B Discharge mechanism supplied separately, rather than as part of a projectile toy with stored energy . . . 3 13C Projectile toy without stored energy . . . . . . . . . . . . . . 4 13D Arrow supplied separately, rather than as part of a toy bow and arrow set . . . . . . . . . . . . . . . . . . . . . . . . 4 13E Bow supplied separately, rather than as part of a toy bow and arrow set . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of sch 4 (Safety standards—Commonwealth consumer protection notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s5 Fair Trading Amendment Regulation (No. 1) 2005 No. 76, 2005 1 Short title This regulation may be cited as the Fair Trading Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 July 2005. 3 Regulation amended This regulation amends the Fair Trading Regulation 2001. 4 Insertion of new s 3A After section 3— insert— ‘3A Notes in text ‘A note in the text of this regulation is part of the regulation.’. 5 Replacement of s 13 (Projectile toys) Section 13— omit, insert— ‘13 Projectile toy with stored energy ‘(1) Each of the following is a safety standard for a projectile toy with stored energy— (a) AS/NZS ISO 8124, part 1, clause 4.18.2(a)(1) and (2) and (d); 1 (b) subsection (2). ‘(2) The toy’s discharge mechanism must not, without modification, be able to propel an improvised projectile in free flight for a distance (measured horizontally) of more than 300 mm if discharged at a height of 300 mm. 1 AS/NZS ISO 8124 (Safety of toys), part 1 (Safety aspects related to mechanical and physical properties (ISO 8124-1:2000, MOD)), clause 4.18.2 (Projectile toys with stored energy)

s5 3 s5 Fair Trading Amendment Regulation (No. 1) 2005 No. 76, 2005 ‘(3) In this section— improvised projectile means a battery, coin, marble, nail, paper clip, pebble, pen, pen cap, pencil, pen refill or stone. projectile toy with stored energy means a toy that has— (a) a discharge mechanism able to store and release energy; and (b) a projectile. Example of a projectile toy with stored energy — a toy consisting of a spring-powered dart gun and darts ‘13A Projectile supplied separately, rather than as part of a projectile toy with stored energy ‘(1) AS/NZS ISO 8124, part 1, clause 4.18.2(a)(1) and (2) and (d) is a safety standard for a toy that is a projectile that— (a) is designed and manufactured to be discharged from a toy that is a discharge mechanism able to store and release energy; and (b) is supplied separately, rather than as part of a projectile toy with stored energy. ‘(2) However, the projectile must be tested under that clause with each discharge mechanism that the projectile is designed and manufactured to be discharged from. ‘13B Discharge mechanism supplied separately, rather than as part of a projectile toy with stored energy ‘(1) Subsection (2) is a safety standard for a toy that— (a) is a discharge mechanism able to store and release energy; and (b) is supplied separately, rather than as part of a projectile toy with stored energy. ‘(2) The discharge mechanism must not, without modification, be able to propel an improvised projectile in free flight for a distance (measured horizontally) of more than 300 mm if discharged at a height of 300 mm.

s5 4 s5 Fair Trading Amendment Regulation (No. 1) 2005 No. 76, 2005 ‘13C Projectile toy without stored energy ‘(1) AS/NZS ISO 8124, part 1, clause 4.18.3(a) to (d) 2 is a safety standard for a projectile toy without stored energy. ‘(2) In this section— projectile toy without stored energy means a toy that— (a) has— (i) a discharge mechanism designed and manufactured to propel a projectile by the discharge energy imparted by a child; and (ii) a projectile; or Example of paragraph (a) — a toy bow and arrow set (b) is a projectile designed and manufactured to be propelled from a discharge mechanism by the energy imparted by a child. ‘13D Arrow supplied separately, rather than as part of a toy bow and arrow set ‘(1) AS/NZS ISO 8124, part 1, clause 4.18.3(a) to (d) is a safety standard for a toy that is an arrow that— (a) is designed and manufactured to be discharged by a toy that is a bow; and (b) is supplied separately, rather than as part of a bow and arrow set. ‘(2) However, the arrow must be tested under clause 4.18.3(d) with each bow that the arrow is designed and manufactured to be discharged from. 2 AS/NZS ISO 8124 (Safety of toys), part 1 (Safety aspects related to mechanical and physical properties (ISO 8124-1:2000, MOD)), clause 4.18.3 (Projectile toys without stored energy)

s6 5 s7 Fair Trading Amendment Regulation (No. 1) 2005 No. 76, 2005 ‘13E Bow supplied separately, rather than as part of a toy bow and arrow set ‘(1) AS/NZS ISO 8124, part 1, clause 4.18.3(d) is a safety standard for a toy that is a bow that— (a) is designed and manufactured to discharge a toy that is an arrow; and (b) is supplied separately, rather than as part of a bow and arrow set. ‘(2) However, the bow must be tested under clause 4.18.3(d) with each arrow that the bow is designed and manufactured to discharge.’. 6 Amendment of sch 4 (Safety standards—Commonwealth consumer protection notices) (1) Schedule 4, before the first column, heading— insert— ‘ Note — Consumer protection notices mentioned in this schedule for which no reference to a Commonwealth of Australia Gazette is given in the third column are registered in the Federal Register of Legislative Instruments at the Australian Government website < (2) Schedule 4, item 3— omit, insert— ‘3 Toys for children up No. 14 of 2003 as to and including amended by No. 1 36 months of age of 2005 For No. 14 of 2003—GN 49 of 10 December 2003 at pages 3752–5’. 7 Amendment of sch 6 (Dictionary) (1) Schedule 6, definition projectile toy — omit. (2) Schedule 6— insert—

s7 6 s7 Fair Trading Amendment Regulation (No. 1) 2005 No. 76, 2005 ‘ AS/NZS ISO 8124, part 1 means joint Standards Australia and Standards New Zealand standard AS/NZS ISO 8124 (Safety of toys), part 1 (Safety aspects related to mechanical and physical properties (ISO 8124-1:2000, MOD)) as published on 16 May 2002. improvised projectile see section 13(3). projectile toy with stored energy see section 13(3).’. (3) Schedule 6, definition discharge mechanism , after ‘designed’— insert— ‘and manufactured’. ENDNOTES 1 Made by the Governor in Council on 28 April 2005. 2 Notified in the gazette on 29 April 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Office of Fair Trading. © State of Queensland 2005