{"id":"F2012L02171","name":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 5 of 2012 - Imposition of Permanent Ban on Small, High Powered Magnets","slug":"competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":90145,"registerId":"commonwealth-F2012L02171-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 5 of 2012 - Imposition of Permanent Ban on Small, High Powered Magnets","content":"COMMONWEALTH OF AUSTRALIA\n\nCOMPETITION AND CONSUMER ACT 2010\n\nConsumer Protection Notice No. 5 of 2012\n\nIMPOSITION OF PERMANENT BAN ON SMALL, HIGH POWERED MAGNETS\n\nI, DAVID BRADBURY, Assistant Treasurer:\n\npursuant to section 114(1) of the Australian Consumer Law, IMPOSE a permanent ban on consumer goods of a kind specified below. This permanent ban comes into force on the day after this Notice is registered on the Federal Register of Legislative Instruments.\n\nParticulars of Consumer Goods\n\nSeparable or loose magnetic objects that are supplied in multiples of two or more where:\n\na. at least two of those magnetic objects are each separately able to fit entirely, in any orientation, into the small parts cylinder as provided by clause 5.2 and figure 15 of the Australian / New Zealand Standard, Safety of toys – Part 1: Safety aspects related to mechanical and physical properties (AS/NZS ISO 8124.1:2010) and\n\nb. at least two of those magnetic objects each separately have a magnetic flux index greater than 50 (kG)2 mm2, determined as per clause 5.31 of AS/NZS 8124.1:2010 and\n\nc. the magnetic objects are marketed by the supplier as, or supplied for use as,\n\ni. a toy, game or puzzle (including but not limited to an adult desk toy, an educational toy or game, a toy, game or puzzle for mental stimulation or stress relief); or\n\nii. a construction or modelling kit; or\n\niii. jewellery to be worn in or around the mouth or nose.\n\nInterpretation\n\nConstruction or modelling kit\n\nThis ban is subject to the definition of consumer goods provided in section 2 of the Australian Consumer Law. This means that a construction or modelling kit containing small high powered magnets which is not used, or likely to be used, for personal, domestic or household use will not be subject to this permanent ban.\n\n  \n\nMagnetic flux index\n\n50 (kG)2 mm2 is equivalent to 0.5 T2m2. This measure is determined as per clause 5.31 of AS/NZS 8124.1:2010. In clause 5.31.3, omit “kG2mm2” and replace with (kG)2 mm2.\n\nSmall parts cylinder\n\nThe small parts cylinder is a test apparatus taken from the Australian, International and other national toy standards (for example the Australian / New Zealand Standard, Safety of toys – Part 1: Safety aspects related to mechanical and physical properties (AS/NZS ISO 8124.1:2010)) designed to identify parts which are small enough to pose an ingestion or inhalation hazard for children under 3 years of age.\n\nDimensions in the figure below are in mm.\n\n![smallparts4](image.001.png)\n\nSmall parts test\n\nPlace the test object, without compressing it and in any orientation, into the cylinder. If the object fits entirely within the cylinder, it fails the test.\n\nNote: Goods subject to this Notice and which fail to comply may be subject to compulsory recall.\n\nDated this 9 day of November 2012\n\nDAVID BRADBURY\n\nAssistant Treasurer","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It targets a specific product safety hazard (small high-powered magnets) with precisely defined physical characteristics and intended uses. The exemption for non-consumer goods is inherent to the enabling legislation (Australian Consumer Law definition of 'consumer goods') rather than an expansion of scope."},"complexity_factors":["Short, single-purpose instrument (approximately 500 words)","Only 3 defined terms in the Interpretation section","Clear conditional structure using three cumulative criteria (a, b, c)","Single cross-reference to external standard (AS/NZS ISO 8124.1:2010) with specific clause citations","One substantive exemption (industrial/commercial use via Australian Consumer Law definition)","Technical measurement requires external standard reference but includes helpful conversion note (50 (kG)2 mm2 = 0.5 T2m2)"],"plain_english_summary":"The Assistant Treasurer has used Australian Consumer Law powers to permanently ban small, high‑strength magnets (small‑parts‑sized with a magnetic flux index >50) when sold as toys, puzzles, construction kits or jewellery for the mouth/nose. It aims to stop severe internal injuries or death when children swallow multiple magnets. Suppliers, retailers and consumers may not sell or buy these items; industrial/business uses are exempt."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Notice imposes a permanent ban as drafted. The text does not describe or state any change from a prior instrument or intent, so no change in scope relative to earlier measures is shown in this instrument."},"complexity_factors":["Technical measurement threshold: magnetic flux index >50 (kG)2 mm2 (equivalent given as 0.5 T2m2) requires specialist testing (see 'Magnetic flux index').","Physical-size test tied to a specific apparatus (small parts cylinder) and a referenced standard (AS/NZS ISO 8124.1:2010) (see criteria a and 'Small parts cylinder').","Composite criteria: ban applies only where both size and magnetic strength thresholds are met and the goods are marketed or supplied for specified uses (criteria a–c).","Scope depends on marketing/intended use language ('marketed by the supplier as, or supplied for use as'), creating interpretative discretion for regulators and suppliers.","Specific exclusion for construction or modelling kits not for personal/domestic/household use introduces an use‑based boundary requiring factual assessment of likely use ('Interpretation').","Enforcement consequence (compulsory recall) raises compliance and logistical burdens for suppliers of implicated goods."],"plain_english_summary":"This Notice permanently bans separable or loose magnetic objects sold in multiples of two or more that both fit the toy “small parts” cylinder and have a magnetic flux index above 50 (kG)2 mm2, when marketed or supplied as toys, puzzles, construction kits, or jewellery for the mouth/nose. The ban takes effect the day after registration and non‑compliant goods may be subject to compulsory recall.\n\nSuppliers (manufacturers, importers, retailers) must ensure products meet AS/NZS ISO 8124.1:2010 testing; construction kits not intended for personal/domestic/household use are excluded."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba","history":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba/history","analysis":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba/analysis","conflicts":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba/conflicts","importantCases":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba/important-cases","documents":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-5-of-2012-imposition-of-permanent-ba/documents"}}