{"id":"tas:sr-2010-090","name":"Sale of Hazardous Goods (Flotation and Aquatic Toys) Order 2010","slug":"sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"90 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315083,"registerId":"tas-tas:sr-2010-090-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Sale of Hazardous Goods (Flotation and Aquatic Toys) Order 2010](/view/html/inforce/2026-04-12/sr-2010-090) .","sortOrder":0},{"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":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order –\n> \n> > ***flotation toy or aquatic toy*** see [clause 4](#GS4@EN) ;\n> \n> > ***Safety of Toys Standard*** means the Australian and New Zealand Standard AS/NZS ISO 8124.1:2002 entitled \"Safety of toys – Part 1: Safety aspects related to mechanical and physical properties\" published by Standards Australia on 16 May 2002, as in force on the day this order takes effect.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Flotation toy or aquatic toy","content":"### 4 Flotation toy or aquatic toy\n\n> > (1)  For the purposes of this order, a flotation toy or aquatic toy includes –\n> > \n> > > > (a) inflatable novelty shapes; and\n> > > \n> > > > (b) inflatable toy boats, which by virtue of their size and design are intended for use in shallow water; and\n> > > \n> > > > (c) unattached complete or partial rings.\n> \n> > (2)  For the purposes of this order, a flotation toy or aquatic toy does not include –\n> > \n> > > > (a) beach balls; or\n> > > \n> > > > (b) surfboards; or\n> > > \n> > > > (c) body/boogie boards; or\n> > > \n> > > > (d) inflatable air beds; or\n> > > \n> > > > (e) inflatable boats, which by virtue of their size and design are intended for use in deep water; or\n> > > \n> > > > (f) kickboards.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of order","content":"### 5 Application of order\n\n> > (1)  This order applies to the sale of a flotation toy or aquatic toy that is –\n> > \n> > > > (a) designed or clearly intended for use in play by children under 14 years of age; and\n> > > \n> > > > (b) intended to bear the mass of a child in water.\n> \n> > (2)  This order applies to flotation toys and aquatic toys regardless of whether or not the flotation toy or aquatic toy is –\n> > \n> > > > (a) inflatable; or\n> > > \n> > > > (b) to be worn on or attached to the body of a child.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Restriction on sale of flotation toy or aquatic toy","content":"### 6 Restriction on sale of flotation toy or aquatic toy\n\n> > (1)  A person must not sell a flotation toy or aquatic toy unless it complies with the Safety of Toys Standard, as taken to be modified for the purposes of this clause.\n> \n> > (2)  For the purposes of [subclause (1)](#GS6@Gs1@EN) , the Safety of Toys Standard is taken to be modified as specified in [Schedule 1](#JS1@EN) to this order.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Modification of S","sectionType":"part","heading":"SCHEDULE 1 - Modification of Safety of Toys Standard","content":"# SCHEDULE 1 - Modification of S SCHEDULE 1 - Modification of Safety of Toys Standard\n\n[Clause 6](#GS6@EN)\n\n|  | Provision of Safety of Toys Standard | Modification |\n| 1. | clause 3.2 | omit the clause, and the note immediately following the clause, and substitute the following clause and note: |\n|  |  | aquatic toy |\n|  |  | An article which is – |\n|  |  | (a) designed or clearly intended for use in play by children under 14 years of age; and |\n|  |  | (b) intended to bear the mass of a child in water, whether inflatable or not – |\n|  |  | whether or not worn or otherwise attached to the body. |\n|  |  | NOTE Bathroom toys and beach balls are not considered aquatic toys. |\n| 2. | Appendix ZZ – variation to clause C.2.6 | insert \"indelible\" after \"following\" |\n| 3. | Appendix ZZ – variation to clause E.33 | insert \"of the first paragraph\" \"after \"last sentence\" |\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":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope: regulating the sale of specific children's water toys to ensure they meet safety standards. No evidence of scope creep or expansion beyond the original consumer protection purpose."},"complexity_factors":["Short document (approximately 1,500 words)","Only 3 defined terms in the interpretation section","Simple conditional structure: definition → application → prohibition","Single cross-reference to an external standard (AS/NZS ISO 8124.1:2002) with specific modifications listed in Schedule 1","Clear inclusions and exclusions in the definition clause (4 items in, 6 items out)","No nested exceptions or complex conditional logic","Schedule 1 contains only 3 technical modifications to the external standard"],"plain_english_summary":"**What this legislation does:**\n\nThis law bans the sale of unsafe children's flotation and aquatic toys in Australia. It requires that any inflatable ring, toy boat, or similar water toy designed for kids under 14 must meet specific safety standards.\n\n**Who it affects:**\n\n- **Retailers and suppliers** — they cannot sell these toys unless they comply with the safety rules\n- **Parents and carers** — they get safer products for children using water toys\n- **Manufacturers** — they must ensure products meet the Australian/New Zealand toy safety standard (AS/NZS ISO 8124.1:2002), with some specific modifications\n\n**What products are covered:**\n\nThe rules apply to:\n- Inflatable novelty shapes\n- Small inflatable toy boats for shallow water\n- Swimming rings (complete or partial)\n\n**What's excluded:**\n- Beach balls\n- Surfboards and bodyboards\n- Inflatable air beds\n- Proper inflatable boats for deep water\n- Kickboards\n\n**Why it matters:**\n\nChildren can drown if flotation toys fail or are used unsafely. This law ensures these products are built to proper safety standards and clearly labelled, reducing the risk of accidents in pools and at beaches."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Order alters the scope of the referenced Safety of Toys Standard by substituting a specific definition of 'aquatic toy' that explicitly covers articles—whether inflatable or not—intended to bear a child's weight and excludes certain items (beach balls, bathroom toys), and by making targeted wording changes in Appendix ZZ (Schedule 1; clause 6). Those textual modifications change which products fall within the Standard for purposes of sale under this Order and so change scope from the unmodified Standard."},"complexity_factors":["Reliance on an external technical standard (AS/NZS ISO 8124.1:2002) that must be read alongside the Order (clauses 3 and 6).","Modifications to that external standard in Schedule 1 require line-by-line cross-checking (Schedule 1).","Definition work: the Order narrows and expands scope through inclusion/exclusion language for 'flotation toy or aquatic toy' and the modified 'aquatic toy' definition (clause 4; Schedule 1, item 1).","Operational threshold tests use interpretive phrases—'designed or clearly intended' and 'intended to bear the mass of a child'—that will require factual assessment in many cases (clause 5).","Specific exclusions (beach balls, surfboards, kickboards, etc.) create borderline categories that could generate compliance uncertainty (clause 4(2)).","The Order applies to the sale of covered goods (not manufacture/import only), so commercial sellers directly bear compliance costs and risk (clause 5 and clause 6).","Modest textual edits to test/marking requirements (insertion of 'indelible' and other wording changes in Appendix ZZ) impose discrete manufacturing/labeling effects (Schedule 1, items 2–3).","Commencement is tied to Gazette notification, affecting timing for market adjustment (clause 2).","Enforcement and penalties are not detailed in the Order itself, leaving administrative and compliance‑enforcement mechanisms to the administering body (administration noted as Department of Justice)."],"plain_english_summary":"This Order makes it illegal to sell flotation or aquatic toys for children under 14 that are intended to bear a child’s weight unless they meet the Australian/New Zealand Safety of Toys Standard AS/NZS ISO 8124.1:2002 as modified by the Order. Sellers — manufacturers, importers and retailers — must design, test and supply products to those modified requirements, which creates direct compliance costs and design constraints for businesses dealing in these toys."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Order appears to remain focused on its original intent — regulating the sale of flotation devices and aquatic toys as hazardous goods in Tasmania. No amendments appear to have substantially broadened or narrowed its scope since commencement in September 2010, though the file was last modified in July 2017, suggesting minor administrative updates."},"complexity_factors":["Limited legislative text is available in the provided extract — the substantive provisions, standards references, and definitions are not visible, preventing full analysis","Regulatory orders of this type typically cross-reference external Australian/international product standards (e.g., Standards Australia documents), which adds a layer of complexity for those seeking full compliance details","Jurisdictionally limited to Tasmania, creating potential complexity for national importers/distributors who must navigate different state-level requirements","The classification of products as 'hazardous goods' triggers obligations under a broader parent Act, meaning compliance requires reading this Order alongside that Act"],"plain_english_summary":"The Order makes certain inflatable flotation devices and water toys illegal to sell in Tasmania unless they meet prescribed safety standards by classifying them as hazardous goods. It affects Tasmanian retailers, importers/distributors and buyers (especially parents), ensuring products aren’t misleadingly marketed as lifesaving and reducing the drowning risk from unsafe or poorly labelled items."}},"importantCases":[],"_links":{"self":"/api/acts/sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010","history":"/api/acts/sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010/history","analysis":"/api/acts/sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010/analysis","conflicts":"/api/acts/sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010/conflicts","importantCases":"/api/acts/sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010/important-cases","documents":"/api/acts/sale-of-hazardous-goods-flotation-and-aquatic-toys-order-2010/documents"}}