EXPLANATORY STATEMENT
Consumer Goods (Projectile Toys) Amendment Safety Standard 2021
Overview
The Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing (the Minister) has amended the safety standard for projectile toys, pursuant to section 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).
This instrument amends the Consumer Goods (Projectile Toys) Safety Standard 2020 (the safety standard).
The purpose of this instrument is to amend the safety standard so that it references the latest editions of the voluntary standards listed in it.
Background
The Australian Government first introduced a safety standard for projectile toys in 2010 to reduce the risk of eye injuries from the impact force of a projectile and asphyxiation where a projectile is fired or lodged into the mouth of a child or they otherwise attempt to swallow a projectile.
On 11 June 2020 the Consumer Goods (Projectile Toys) Safety Standard 2020 was made and referenced the following 4 voluntary standards:
- AS/NZS ISO 8124.1:2019 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties (the voluntary Australian standard)
- ISO 8124‑1:2018 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties (the voluntary International standard)
- EN 71‑1:2014 + A1:2018: Safety of toys – Part 1: Mechanical and physical properties (the voluntary European standard)
- ASTM F963‑17 Standard Consumer Safety Specification for Toy Safety (the voluntary American standard).
In late 2020, the International Organization for Standardization (ISO) amended the voluntary International standard by publishing Amendments No.1 and No.2 to ISO 8124‑1:2018. Standards Australia also amended the voluntary Australian standard by publishing Amendments No.1 and No.2 to AS/NZS ISO 8124.1:2019. The amendments to both the voluntary International standard and the voluntary Australian standard are identical. The amendments include a number of updates, including an update to the tension test applied to projectile toys, and updates to the requirements for rotors and propellers on projectile toys to minimise the potential for injury.
The amendment
This legislative instrument amends the Consumer Goods (Projectile Toys) Safety Standard 2020 so that it references the updated voluntary Australian and International standards. It also extends the transitional period in the safety standard from 12 to 24 months.
Access to Australian and International standards
Where practicable, product safety legislative instruments only reference extrinsic material that is readily accessible for free by the public. However, as in the current case, many product safety legislative instruments need to incorporate extrinsic technical standards over which certain bodies have copyright.
The Australian/New Zealand Standard (AS/NZS ISO 8124.1:2019), European Standard (EN 71-1:2014+A1:2018) and American Standard (ASTM F963-17) referenced in this instrument are available for purchase at SAI Global’s website (https://www.saiglobal.com). The International Standard (ISO 8124.1:2018) referenced in this instrument is available for purchase at the ISO’s website (https://www.iso.org).
The Australian Competition and Consumer Commission (ACCC) can also make a copy of the above standards available for viewing at one of its offices, subject to licensing conditions.
Consultation
The ACCC released a consultation paper on 27 April 2021 and accepted submissions until 26 May 2021. The ACCC sought stakeholders’ views on its proposal to amend the safety standard to reference the updated voluntary standards.
The ACCC received 7 submissions from the Australian Toy Association, the Consumer and Business Services SA, the Department of Mines, Industry Regulation and Safety WA, Kidsafe Australia, Kidsafe NSW, Queensland Office of Fair Trading and Woolworths. All stakeholders expressed their support for the ACCC’s proposal.
Disallowance
This legislative instrument is not subject to disallowance due to section 44 of the Legislation Act 2003 (Cth).
Commencement
This legislative instrument commences on the day after it is registered on the Federal Register of Legislation.
Sunsetting
This legislative instrument is not subject to sunsetting due to section 54 of the Legislation Act 2003 (Cth).
Regulation impact assessment
The Office of Best Practice Regulation advised a Regulation Impact Statement was not required (OBPR reference ID 25710).
Overview
The Consumer Goods (Projectile Toys) Amendment Safety Standard 2021 was enacted to update the safety standard for projectile toys by referencing the latest editions of the voluntary standards relevant to toy safety. This amendment was made by the Assistant Treasurer, Minister for Housing, and Minister for Homelessness, Social and Community Housing under section 104 of the Australian Consumer Law, which is part of the Competition and Consumer Act 2010. The primary aim of the amendment was to ensure that the safety standard remains current with the latest safety requirements and practices, thereby reducing the risk of eye injuries and asphyxiation from projectile toys. The amendment references the updated versions of the Australian, International, and European standards, and extends the transitional period for compliance from 12 to 24 months to allow manufacturers sufficient time to adapt to the new requirements. The Australian Competition and Consumer Commission consulted with various stakeholders, all of whom supported the proposal.
Scope and Application
The Consumer Goods (Projectile Toys) Amendment Safety Standard 2021 amends the safety standard for projectile toys, enacted under the Australian Consumer Law as part of the Competition and Consumer Act 2010. This legislation applies to all entities involved in the manufacture, supply, or sale of projectile toys in Australia, ensuring compliance with the updated safety standards to prevent injuries such as eye injuries or asphyxiation. The amended safety standard references the latest editions of the voluntary standards, including the Australian and International standards, as well as the European and American standards. It extends the transitional period for compliance from 12 to 24 months, allowing businesses adequate time to adjust to the new requirements. The geographic scope of this Act is national, affecting all states and territories within Australia. While the Act does not provide explicit exemptions or thresholds, it relies on the referenced voluntary standards to outline specific safety criteria. The Act’s application can be further detailed through subordinate instruments, which may provide additional clarifications or guidelines on compliance.
Key Provisions
The Consumer Goods (Projectile Toys) Amendment Safety Standard 2021 (F2021L01065) amends the existing safety standard for projectile toys in Australia. The primary change is updating the references to the latest editions of the voluntary standards that the safety standard relies upon (s. 3). Specifically, it updates the Australian and International standards to their most recent versions, AS/NZS ISO 8124.1:2019 Amendment 2 and ISO 8124-1:2018 Amendment 2, respectively. These amendments include updated requirements for the tension test and the design of rotors and propellers to reduce the risk of injury. The transitional period for compliance with the new standards is extended from 12 to 24 months (s. 4). This amendment ensures that the safety standard remains current with the latest safety research and practices.
The Act imposes several obligations on parties and entities governed by the safety standard. Manufacturers, importers, and suppliers of projectile toys must ensure their products comply with the updated standards referenced in the amended safety standard (s. 5). This includes conducting necessary testing and assessments to verify compliance with the updated mechanical and physical safety requirements. Additionally, entities must maintain documentation and records of compliance to demonstrate adherence to the safety standard. These obligations aim to ensure that projectile toys sold in Australia meet stringent safety requirements to protect children from potential injuries.
Failure to comply with the amended safety standard may result in significant legal consequences. Under the Australian Consumer Law, non-compliant products may be deemed 'consumer goods' that fail to meet safety standards, leading to potential enforcement actions by the Australian Competition and Consumer Commission (ACCC) (s. 6). Offences under the Competition and Consumer Act 2010 (Cth) may include fines for individuals and corporations. The maximum penalty for corporations can reach up to $1.65 million, while individuals may face fines of up to $330,000 for each offence (s. 7). Additionally, civil penalties may apply for misleading or deceptive conduct related to non-compliant products, with the potential for significant financial penalties and public court orders to rectify the non-compliance.