Sale of Hazardous Goods (Children's Toys) Order 2010


Tasmanian Crest
Sale of Hazardous Goods (Children's Toys) Order 2010

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

PART 1 - Preliminary

1.   Short title

This order may be cited as the Sale of Hazardous Goods (Children's Toys) Order 2010 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order –
finger paint means paste, or jelly-like, coloured preparations specially designed for children, directly applicable to suitable surfaces with the fingers and hands.
(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order is if this order were by-laws.
PART 2 - Finger Paint

4.   Interpretation

In this Part –
Safety of Toys – Finger Paints Standard means the Australian Standard AS 8124.7 – 2003 entitled "Safety of toys Part 7: Finger paints – Requirements and test methods" published by Standards Australia on 26 June 2003, as in force on the day this order takes effect.

5.   Restriction on sale of finger paint

A person must not sell finger paint unless it complies with the requirements of the Safety of Toys – Finger Paints Standard.
PART 3 - Children's Toys Containing Certain Elements

6.   Interpretation

In this Part –
child's toy means a product supplied new that is designed or clearly intended for use in play by children, but does not include the following:
(a) sporting goods;
(b) camping goods;
(c) bicycles;
(d) home and public playground equipment;
(e) trampolines;
(f) electronic game units;
(g) models powered by combustion or steam engines;
(h) fashion jewellery for children;
Safety of Toys – Migration of Certain Elements Standard means the Australian Standard AS 8124.3 – 2003 entitled "Safety of toys Part 3: Migration of certain elements" as published by Standards Australia on 23 May 2003, as in force on the day this order takes effect.

7.   Modification of Safety of Toys – Migration of Certain Elements Standard

For the purposes of this Part, the Safety of Toys – Migration of Certain Elements Standard is modified by omitting from clause 7 of the standard "When appropriate, the toy shall be subjected to relevant tests in accordance with ISO 8124-1, before the accessibility is considered.".

8.   Restriction on sale of children's toys containing certain elements

A person must not sell a child's toy, other than finger paint, unless it complies with the requirements of the Safety of Toys – Migration of Certain Elements Standard.
PART 4 - Miscellaneous

9.   Consequential amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

10.   Legislation revoked

The legislation specified in Schedule 2 is revoked.
SCHEDULE 1 - Consequential Amendments

Clause 9

Sale of Hazardous Goods Order 2002
1.    Part 5 is revoked.
SCHEDULE 2 - Legislation revoked

Clause 10

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 children's toys and finger paints.