{"id":"tas:sr-2010-089","name":"Sale of Hazardous Goods (Children's Toys) Order 2010","slug":"sale-of-hazardous-goods-children-s-toys-order-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"89 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315008,"registerId":"tas-tas:sr-2010-089-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Sale of Hazardous Goods (Children's Toys) Order 2010](/view/html/inforce/2026-04-12/sr-2010-089) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***finger paint*** means paste, or jelly-like, coloured preparations specially designed for children, directly applicable to suitable surfaces with the fingers and hands.\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order is if this order were by-laws.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Finger Paint","content":"# Part 2 Finger Paint","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> In this Part –\n> \n> > ***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.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Restriction on sale of finger paint","content":"### 5 Restriction on sale of finger paint\n\n> A person must not sell finger paint unless it complies with the requirements of the Safety of Toys – Finger Paints Standard.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Children's Toys Containing Certain Elements","content":"# Part 3 Children's Toys Containing Certain Elements","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation","content":"### 6 Interpretation\n\n> In this Part –\n> \n> > ***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:\n> > \n> > > > (a) sporting goods;\n> > > \n> > > > (b) camping goods;\n> > > \n> > > > (c) bicycles;\n> > > \n> > > > (d) home and public playground equipment;\n> > > \n> > > > (e) trampolines;\n> > > \n> > > > (f) electronic game units;\n> > > \n> > > > (g) models powered by combustion or steam engines;\n> > > \n> > > > (h) fashion jewellery for children;\n> \n> > ***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.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Modification of Safety of Toys – Migration of Certain Elements Standard","content":"### 7 Modification of Safety of Toys – Migration of Certain Elements Standard\n\n> 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.\".","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Restriction on sale of children's toys containing certain elements","content":"### 8 Restriction on sale of children's toys containing certain elements\n\n> 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.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\n*\n\n**9.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":11},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Legislation revoked","content":"### 10 Legislation revoked\n\n> The legislation specified in [Schedule 2](#JS2@EN) is revoked.","sortOrder":13},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Clause 9](#GS9@EN) [Sale of Hazardous Goods Order 2002](/view/html/inforce/2026-04-12/sr-2002-116)","sortOrder":14},{"sectionNumber":"SCHEDULE 2 - Legislation revok","sectionType":"part","heading":"SCHEDULE 2 - Legislation revoked","content":"# SCHEDULE 2 - Legislation revok SCHEDULE 2 - Legislation revoked\n\n[Clause 10](#GS10@EN)\n\n| Sale of Hazardous Goods (Lead in Children's Toys) Order 2008 (No. 26 of 2008) |\n\nThis order was made by the Products Safety Committee at a meeting held on 23 August 2010.\n\nCHRIS BATT\n\nChairman\n\nROSCOE TAYLOR\n\nMember\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 1 September 2010\n\nThis is administered in the Department of Justice.","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: regulating hazardous substances in children's toys. It consolidates and slightly expands previous lead-specific rules to cover multiple toxic elements, which is a natural evolution of product safety regulation rather than scope creep. The exclusions (sporting goods, bicycles, etc.) keep the scope deliberately narrow."},"complexity_factors":["Very short document (approximately 10 substantive clauses)","Only 4 defined terms across the entire instrument","Simple structure: 4 Parts with clear subject matter divisions","Minimal cross-referencing — only refers to two Australian Standards by citation and one modification in clause 7","Single layer of exceptions (the 8-item exclusion list for 'child's toy' in clause 6)","No nested conditional logic or 'exceptions to exceptions'","Straightforward prohibitions ('A person must not sell... unless...') without complex compliance pathways"],"plain_english_summary":"This law bans the sale of unsafe children's finger paints and toys containing dangerous levels of certain chemical elements (like lead and other toxic metals).\n\n**What it does:**\n- **Finger paints**: Makes it illegal to sell finger paint unless it meets a specific Australian safety standard (AS 8124.7-2003). This standard sets rules about what chemicals can be in these products and how they're tested.\n- **Other children's toys**: Bans selling toys that release unsafe amounts of toxic elements (like lead, mercury, or cadmium) when children put them in their mouths or sweat on them. This applies to the Australian Standard AS 8124.3-2003, with one small change — the law removes a requirement about testing toys for physical damage before checking if toxic elements can leak out.\n\n**Who it affects:**\n- **Retailers and suppliers** in Australia who sell children's toys and finger paints\n- **Parents and children** who are protected from exposure to toxic chemicals in toys\n\n**What's excluded:** The law specifically does NOT apply to sporting goods, bicycles, playground equipment, trampolines, electronic games, model engines, or children's fashion jewellery — even if kids play with these.\n\n**Why it matters:** Before this law, there were separate rules about lead in toys. This order consolidates those rules and expands protection to cover more toxic elements, making sure toys sold to children won't poison them through normal play (mouthing, handling, sweating)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Order revokes the Sale of Hazardous Goods (Lead in Children's Toys) Order 2008 (Schedule 2) and replaces that narrow, lead-focused instrument with requirements tied to two Australian Standards covering finger paints and migration of certain elements in toys (Part 2 s5; Part 3 s6–8). This shifts scope from a single-element focus (lead) to a standards-based regime addressing finger paints and multiple-element migration."},"complexity_factors":["Relies on external Australian Standards (AS 8124.7-2003 and AS 8124.3-2003) to set substantive requirements (Part 2 s4; Part 3 s6).","Modifies a clause within the referenced standard by omission, changing how that standard applies (Part 3 s7).","Defines 'child's toy' with multiple express exclusions, affecting which products are captured (Part 3 s6).","Primary obligations are framed as prohibitions to sell unless compliant, placing compliance costs on sellers (Part 2 s5; Part 3 s8).","Commencement is by Gazette notice rather than a fixed date, affecting implementation timing (s2).","Revokes prior, narrower legislation (Schedule 2), creating a change in regulatory scope (s10 / Schedule 2).","The Order does not specify enforcement mechanisms or penalties within its text, leaving those details to underlying legislation or enforcement agencies (absence across the Order)."],"plain_english_summary":"This Order prohibits selling certain children's products unless they meet specified Australian Standards. Sellers must ensure finger paints comply with AS 8124.7–2003 (s5) and other children’s toys (except finger paint) comply with a modified AS 8124.3–2003 (s7–8). It begins when notified in the Gazette (s2) and revokes a 2008 lead-specific order (Schedule 2). Who pays: sellers bear the cost of meeting standards. Who decides: compliance is judged against the named Standards."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Order appears to remain focused on its original intent — restricting the sale of hazardous children's toys in Tasmania. No amendments visible in the provided text suggest any expansion or contraction of scope since its commencement on 1 September 2010."},"complexity_factors":["The legislation appears relatively narrow in scope — focused on a single product category (children's toys)","As a subordinate instrument (an 'Order' rather than an Act), it operates within an existing framework, adding a layer of interpretation complexity","The text provided is almost entirely metadata and status information — the actual operative provisions are not visible, making full assessment impossible","Has remained unamended since 2010 (or amendments are minor), suggesting stable and straightforward content","State-level instrument that may interact with federal consumer product safety laws (e.g., Australian Consumer Law), creating potential overlap"],"plain_english_summary":"The Sale of Hazardous Goods (Children’s Toys) Order 2010 (Tasmania) restricts the sale of toys deemed dangerous to children, affecting retailers, manufacturers/importers and buyers in Tasmania. Its purpose is to keep hazardous toys off shelves and impose legal consequences for non‑compliance.\n\nNote: the supplied document is mostly metadata; the specific banned toy categories, safety rules and penalties aren’t included here."}},"importantCases":[],"_links":{"self":"/api/acts/sale-of-hazardous-goods-children-s-toys-order-2010","history":"/api/acts/sale-of-hazardous-goods-children-s-toys-order-2010/history","analysis":"/api/acts/sale-of-hazardous-goods-children-s-toys-order-2010/analysis","conflicts":"/api/acts/sale-of-hazardous-goods-children-s-toys-order-2010/conflicts","importantCases":"/api/acts/sale-of-hazardous-goods-children-s-toys-order-2010/important-cases","documents":"/api/acts/sale-of-hazardous-goods-children-s-toys-order-2010/documents"}}