EXPLANATORY STATEMENT
Consumer Goods (Aquatic Toys) Safety Standard 2026
Purpose and Background
The Commonwealth Assistant Minister for Productivity, Competition, Charities and Treasury (the Minister) has made the Consumer Goods (Aquatic Toys) Safety Standard 2026 (the Safety Standard), pursuant to subsection 104(1) of the Australian Consumer Law (the ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (the CCA) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).
Subsection 104(1) of the ACL provides that the Minister may, by legislative instrument, for the purposes of preventing or reducing the risk of injury to any person, make a safety standard for consumer goods of a particular kind.
Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
The purpose of the Safety Standard is to reduce the risk of serious injury or death to children from drowning while using aquatic toys. Children, in particular young children who cannot swim, may drown if their aquatic toy suddenly deflates when air is released through the air inlet. This hazard would be exacerbated if they were to use the toy unsupervised and relying on its buoyancy as a flotation aid or life-saving device.
The Safety Standard repeals and replaces the Consumer Goods (Aquatic Toys) Safety Standard 2020 (Federal Register of Legislation No. F2020L00686) (the Repealed Safety Standard) but maintains a minimum level of safety for the supply of aquatic toys by addressing identified safety hazards. That is, to reduce the likelihood of product failure for inflatable aquatic toys through deflation due to a failure of the inflation valve. And to inform parents and carers that aquatic toys are not a life-saving device and should only be used under adult supervision.
This Safety Standard references the latest voluntary Australian and international standards, while maintaining the existing level of consumer safety established by the Repealed Safety Standard.
Operation of the Safety Standard
Subsection 104(5) of the ACL relevantly provides that a safety standard may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at a particular time, or from time to time. The Safety Standard requires aquatic toys to comply with one of the following:
- Australian/New Zealand Standard – AS/NZS ISO 8124.1 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties; or
- International Standard – ISO 8124‑1 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties.
A description of the provisions is set out later in this document.
Incorporated Australian and International standards
Where practicable, product safety legislative instruments only reference extrinsic material that is readily accessible for free to the public. However, as in the current case, many product safety legislative instruments need to incorporate extrinsic technical standards over which third parties own the copyright, which means the referenced technical standards may need to be purchased.
The Australian/New Zealand Standard (AS/NZS ISO 8124.1) and the International Standard (ISO 8124-1) referenced in the Safety Standard are available for purchase from Standards Australia (www.standards.org.au), Intertek Inform (www.intertek.com) or Accuris (www.accuristech.com).
The Australian Competition and Consumer Commission (ACCC) can make a copy of the above standards available for viewing at one of its offices, by prior arrangement and subject to licensing conditions.
Pursuant to subsection 104(5) of the ACL, the Safety Standard incorporates reference to the Australian/New Zealand Standard (AS/NZS ISO 8124.1) and the International Standard (ISO 8124-1) as in force or existing at a particular time, and from time to time.
Consultation
Before the Safety Standard was made, the Minister was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the Legislation Act 2003.
The ACCC published, on its website, a public consultation paper on 13 November 2025 and invited submissions in response to that paper until 12 December 2025. The consultation paper detailed the following policy options in relation to the continued regulation of aquatic toys:
- Option 1 – Retain the current mandatory safety standard (that is, the now Repealed Safety Standard) (status quo)
- Option 2 – Update the mandatory safety standard to reference the latest voluntary Australian and international standards
- Option 3 – Allow compliance with the voluntary Australian and international standards as they exist from time to time.
In response, the ACCC received 9 submissions from a range of respondents including a standards making body, major industry associations, government bodies, a product safety consultant, and a retailer. All stakeholders supported updating the mandatory standard to reference the latest Australian and international standards. Of those submissions, 8 supported referencing the Australian and international standards as they exist from time to time.
The ACCC published, on its website, a second public consultation paper on 28 April 2026 and invited submissions in response to an exposure draft of the Consumer Goods (Aquatic Toys) Safety Standard 2026 until 28 May 2026.
In response, the ACCC received 9 submissions from a range of respondents including a standards making body, industry associations, government bodies and a product safety consultant. All stakeholders supported the exposure draft safety standard.
Disallowance and Sunsetting
By operation of subsections 44(1) and 54(1) of the Legislation Act 2003, the Safety Standard is not subject to disallowance or sunsetting because its enabling legislation, the ACL, facilitates the operation of an intergovernmental scheme involving the Commonwealth and all the States and Territories (the Intergovernmental Agreement for the Australian Consumer Law), and the ACL authorises the making of the Safety Standard for the purposes of that scheme. To make it so would frustrate the importance of uniform product safety standards in reducing the supply of unsafe goods and related services for Australian consumers, which is a key part of the ACL as an intergovernmental scheme involving the Commonwealth and the States and Territories.
Item 16 in the table at section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 also provides that the Safety Standard is not subject to the sunsetting provisions of the Legislation Act 2003.
Commencement
The Safety Standard commences on the day after it is registered on the Federal Register of Legislation.
Transitional arrangements
The Safety Standard provides a transitional period of 24 months beginning on the day the Safety Standard commences. During the transitional period, aquatic toys must comply with the requirements of:
- the Safety Standard, or
- the Repealed Safety Standard.
After the transitional period, aquatic toys must comply with the requirements of the Safety Standard.
Regulatory Impact Analysis
The Office of Impact Analysis advised that an Impact Analysis was not required (OIA reference OIA26-11592).
Details of the Consumer Goods (Aquatic Toys) Safety Standard 2026
Part 1 – Preliminary
Section 1 – Name
This section provides for the Safety Standard to be cited as the Consumer Goods (Aquatic Toys) Safety Standard 2026.
Section 2 – Commencement
This section provides that the Safety Standard commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Safety Standard is made under subsection 104(1) of the ACL. Subsection 104(1) of the ACL allows the Minister to make safety standards for consumer goods for the purposes of preventing or reducing the risk of injury to any person.
Section 4 – Schedules
This section provides that each instrument specified in a Schedule is repealed as set out in that Schedule, and any other item in a Schedule has effect according to its terms.
Section 5 – Definitions
This section defines key terms used throughout the Safety Standard.
The Safety Standard incorporates reference to technical standards developed and published by standards making bodies – those standards being incorporated instruments within the meaning given by subsection 104(5) of the ACL.
This section provides that a ‘version’ of an incorporated instrument, includes a version as effected by a published amendment to that incorporated instrument, regardless of whether that amendment has been included in a published compilation of that incorporated instrument. This clarification is to address a practice of standards making bodies whereby amendments to technical standards are made and published, but a consolidated, recompiled version of the relevant technical standard containing the amendment is not made available. In such circumstances, there will be an ‘updated version’ of the relevant incorporated instrument for the purposes of the Safety Standard, notwithstanding that a recompiled version of the relevant amended technical standard is not made available by the standards making body.
Section 6 – References to other instruments
This section provides that in the Safety Standard, unless the contrary intention appears:
- a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
- a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.
A note to this section refers to subsection 104(5) of the ACL which relevantly provides that a safety standard may make provision in relation to a matter by incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at a particular time, or from time to time.
Section 7 – Application
This section sets out the consumer goods to which the Safety Standard applies. The Safety Standard applies to aquatic toys (as defined in section 5 of the Safety Standard).
This section also provides that the Safety Standard does not apply to beach balls, surfboards, bodyboards, kickboards, or inflatable boats for use in deep water. Additionally, the Safety Standard does not apply to inflatable air beds regardless of whether an inflatable air bed is intended for use in water.
Section 8 – Compliance with a relevant version of an incorporated instrument required
This section provides that where the Safety Standard requires compliance with an incorporated instrument, compliance may only be achieved by complying with a ‘relevant version’ of that incorporated instrument.
Subsection 8(2) defines a ‘relevant version’ of an incorporated instrument can be:
- the incorporated instrument as in force or existing at the time the Safety Standard commences until 2 years and six months after the publication date of the first updated version of that incorporated instrument;
- an updated version of that incorporated instrument, from 6 months after the publication date of that updated version until 2 years and 6 months after the publication date of the next updated version of the incorporated instrument.
In accordance with subsection 104(5) of the ACL, a relevant version of an incorporated instrument can therefore be that incorporated instrument:
- as in force or existing at a particular time (that is, at the time the Safety Standard commences);
- as in force or existing from time to time (that is, when there is an updated version of that incorporated instrument at a time after the Safety Standard commences).
The note clarifies the effect of section 8 is that there may be more than one relevant version of an incorporated instrument at one time thereby giving suppliers of aquatic toys a choice of compliance options. An updated version of an incorporated instrument becomes a compliance option 6 months after publication and the superseded version of an incorporated instrument will no longer be a compliance option 2 years and 6 months after the updated version is published.
Part 2– Basic Requirements
Section 9 – Requirements during the transitional period
This section provides that during the transitional period (being a period of 24 months beginning on the day the Safety Standard commences), an aquatic toy must comply with either:
- the Repealed Safety Standard, or
- the requirements in Part 3 of the Safety Standard.
Section 10 – Requirements after the transitional period
This section provides that after the transitional period, an aquatic toy must comply with the requirements in Part 3 of the Safety Standard.
Part 3– Details of requirements
Section 11 – Compliance with an applicable standard
This section provides that an aquatic toy complies with the requirement of Part 3 of the Safety Standard if it complies with the requirements of sections 12 (Australian/New Zealand Standard requirements) or 13 (International Standard requirements), and the warning formatting requirements in section 14.
Section 12 – Australian/New Zealand Standard requirements
This section provides that an aquatic toy will comply with the requirements of the section if it complies with the requirements listed in clause 4.20 of a relevant version of the Australian/New Zealand Standard as modified by subsection 12(2) and as affected by Annex B.2.6 of a relevant version of the Australian/New Zealand Standard as modified by subsection 12(3).
Subsection 104(5) of the ACL relevantly provides that a safety standard may incorporate reference to any instrument or writing (such as the Australian/New Zealand Standard) with modification.
Subsection 12(2) of the Safety Standard modifies a relevant version of the Australian/New Zealand Standard such that the definition of an aquatic toy aligns with that given by section 5 of the Safety Standard. Subsection 12(3) modifies Annex B.2.6 of a relevant version of the Australian/New Zealand Standard.
Section 13 – International Standard requirements
This section provides that an aquatic toy will comply with the requirements of the section if it complies with the requirements listed in clause 4.20 of a relevant version of the International Standard as modified by subsection 13(2) and as affected by Annex B.2.6 of a relevant version of the International Standard as modified by subsection 12(3).
Subsection 104(5) of the ACL relevantly provides that a safety standard may incorporate reference to any instrument or writing (such as the International Standard) with modification.
Subsection 12(2) of the Safety Standard modifies a relevant version of the International Standard such that the definition of an aquatic toy aligns with that given by section 5 of the Safety Standard. Subsection 12(3) modifies Annex B.2.6 of a relevant version of the International Standard.
Section 14 – Warning formatting requirements
This section provides that an aquatic toy will comply with the requirements of the section if the warning it carries is in English, is clearly legible, is clearly visible and is indelible.
Schedule 1 – Repeals
Schedule 1 provides that the Consumer Goods (Aquatic Toys) Safety Standard 2020 (Federal Register of Legislation No. F2020L00686) is repealed.