Sale of Hazardous Goods (Flotation and Aquatic Toys) Order 2010 (TAS)

Sale of Hazardous Goods (Flotation and Aquatic Toys) Order 2010

The Products Safety Committee makes the following order under section 8 of the Sale of Hazardous Goods Act 1977 .

1Short titleThis order may be cited as the Sale of Hazardous Goods (Flotation and Aquatic Toys) Order 2010 . 2CommencementThis order takes effect on the day on which its making is notified in the Gazette. 3InterpretationIn this order – flotation toy or aquatic toy see clause 4 ; Safety of Toys Standard means the Australian and New Zealand Standard AS/NZS ISO 8124.1:2002 entitled "Safety of toys – Part 1: Safety aspects related to mechanical and physical properties" published by Standards Australia on 16 May 2002, as in force on the day this order takes effect. 4Flotation toy or aquatic toy (1) For the purposes of this order, a flotation toy or aquatic toy includes – (a) inflatable novelty shapes; and (b) inflatable toy boats, which by virtue of their size and design are intended for use in shallow water; and (c) unattached complete or partial rings. (2) For the purposes of this order, a flotation toy or aquatic toy does not include – (a) beach balls; or (b) surfboards; or (c) body/boogie boards; or (d) inflatable air beds; or (e) inflatable boats, which by virtue of their size and design are intended for use in deep water; or (f) kickboards. 5Application of order (1) This order applies to the sale of a flotation toy or aquatic toy that is – (a) designed or clearly intended for use in play by children under 14 years of age; and (b) intended to bear the mass of a child in water. (2) This order applies to flotation toys and aquatic toys regardless of whether or not the flotation toy or aquatic toy is – (a) inflatable; or (b) to be worn on or attached to the body of a child. 6Restriction on sale of flotation toy or aquatic toy (1) A person must not sell a flotation toy or aquatic toy unless it complies with the Safety of Toys Standard, as taken to be modified for the purposes of this clause. (2)  For the purposes of subclause (1) , the Safety of Toys Standard is taken to be modified as specified in Schedule 1 to this order. Schedule 1Modification of Safety of Toys Standard

Clause 6

Provision of Safety of Toys Standard	Modification
1.	clause 3.2	omit the clause, and the note immediately following the clause, and substitute the following clause and note:
aquatic toy
An article which is –
(a) designed or clearly intended for use in play by children under 14 years of age; and
(b) intended to bear the mass of a child in water, whether inflatable or not –
whether or not worn or otherwise attached to the body.
NOTE Bathroom toys and beach balls are not considered aquatic toys.
2.	Appendix ZZ – variation to clause C.2.6	insert "indelible" after "following"
3.	Appendix ZZ – variation to clause E.33	insert "of the first paragraph" "after "last sentence"

This order was made by the Products Safety Committee at a meeting held on 23 August 2010.

CHRIS BATT

Chairman

ROSCOE TAYLOR

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 September 2010

This is administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the order) This order places restrictions on the sale of flotation toys and aquatic toys.