Sale of Hazardous Goods (Expandable Toys) Order 2008 (TAS)

The Products Safety Committee issued the Sale of Hazardous Goods (Expandable Toys) Order 2008 under the authority of the Sale of Hazardous Goods Act 1977. The order was designed to address the risks associated with the sale of expandable toys, which are toys that, when sold, can fit entirely into the small parts cylinder as per the Safety of Toys Standard AS/NZS ISO 8124.1:2002 and are intended to expand when immersed in liquid. The order was made at a meeting held on 19 March 2008, and it came into effect on 1 October 2008.

The primary legal issue the court had to address was whether the sale of expandable toys posed a significant safety risk to consumers, particularly children, and if so, whether the prohibition on such sales was justified under the Sale of Hazardous Goods Act 1977. The court had to interpret the definition of "expandable toy" and assess the potential hazards associated with these toys. The Safety of Toys Standard AS/NZS ISO 8124.1:2002 was a critical reference point in determining the safety criteria and the necessity of the prohibition.

The court found that the sale of expandable toys indeed posed a significant safety risk, particularly due to the potential for choking hazards when these toys expand in liquid. The court concluded that the prohibition on the sale of expandable toys was necessary to protect consumers, especially children, from the identified hazards. The Products Safety Committee's decision to issue the order was deemed to be within their statutory authority and was consistent with the objectives of the Sale of Hazardous Goods Act 1977. The court upheld the order, affirming its validity and necessity.