{"id":"tas:sr-2010-091","name":"Sale of Hazardous Goods (Swimming and Flotation Aids) Order 2010","slug":"sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"91 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315087,"registerId":"tas-tas:sr-2010-091-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 (Swimming and Flotation Aids) Order 2010](/view/html/inforce/2026-04-12/sr-2010-091) .","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> > (1)  In this order –\n> > \n> > > ***Flotation Aids Standard*** means the Australian Standard AS 1900 – 2002 entitled \"Flotation aids for water familiarization and swimming tuition\" published by Standards Australia on 21 January 2002, as in force on the day this order takes effect;\n> > \n> > > ***swimming aid or flotation aid*** – see [clause 4](#GS4@EN) .\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if the order were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Swimming aid or flotation aid","content":"### 4 Swimming aid or flotation aid\n\n> > (1)  For the purposes of this order, a swimming aid or flotation aid includes –\n> > \n> > > > (a) arm bands; and\n> > > \n> > > > (b) attached rings; and\n> > > \n> > > > (c) swimming aid vests.\n> \n> > (2)  For the purposes of this order, a swimming aid or flotation aid does not include –\n> > \n> > > > (a) inflatable novelty shapes; or\n> > > \n> > > > (b) unattached complete or partial rings; or\n> > > \n> > > > (c) kickboards; or\n> > > \n> > > > (d) articles designed for therapeutic use by disabled persons; or\n> > > \n> > > > (e) articles including life jackets or other personal flotation devices which are within the scope of the Australian Standard AS 4758 entitled \"Personal flotation devices\" published by Standards Australia on 2 December 2008, as amended from time to time.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of order","content":"### 5 Application of order\n\n> This order applies to the sale of a swimming aid or flotation aid that –\n> \n> > > (a) is designed for use by children under 14 years of age; and\n> > \n> > > (b) is to be  –\n> > > \n> > > > > (i) worn on or attached to the body of a child; or\n> > > > \n> > > > > (ii) sat in by a child –\n> > > \n> > > for the purpose of either enabling a child to gain confidence through water familiarisation, or assisting the child in acquiring unaided buoyancy through swimming tuition.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Restriction on sale of swimming and flotation aids","content":"### 6 Restriction on sale of swimming and flotation aids\n\n> > (1)  A person must not sell a swimming aid or flotation aid unless it complies with the Flotation Aids 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 Flotation Aids Standard is taken to be modified as specified in [Schedule 1](#JS1@EN) to this order.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Modification of F","sectionType":"part","heading":"SCHEDULE 1 - Modification of Flotation Aids Standard","content":"# SCHEDULE 1 - Modification of F SCHEDULE 1 - Modification of Flotation Aids Standard\n\n[Clause 6](#GS6@EN)\n\n|  | Provision of Flotation Aids Standard | Modification |\n| 1. | clause 1.1 | omit the clause, and the notes immediately following the clause, and substitute the following clause and notes: |\n|  |  | SCOPE This Standard specifies requirements for flotation aids designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or assisting them in acquiring unaided buoyancy through swimming tuition. |\n|  |  | NOTES: |\n|  |  | 1. PFDs have different applications and are covered by other Standards. In general, the requirements specified in the PFD Standards* are more stringent than those specified herein. |\n|  |  | 2. Appendix A contains a list of typical products covered by this Standard and those that are not. |\n| 2. | clause 1.4.1 | omit the clause, and the notes immediately following the clause, and substitute the following clause and notes: |\n|  |  | Flotation aid |\n|  |  | An article which is designed for children under 14 years of age worn on or attached to the body or in which the user sits for the purpose of either enabling them to gain confidence through water familiarisation, or assisting them in acquiring unaided buoyancy through swimming tuition. |\n|  |  | NOTES: |\n|  |  | 1. The aid need neither support the wearer in a position with the nose, mouth and chin clear of the water, nor assist the wearer to achieve such a position. |\n|  |  | 2. Typical means of wearing or attaching a flotation aid include a singlet, shoulder straps, crotch straps, a harness, tapes or other arrangements. |\n| 3. | clause 1.4.4 | omit the clause |\n| 4. | clause 2.1.1 | omit the clause |\n| 5. | clause 2.7 | omit \"Failure or deflation of any chamber shall not affect the security of fit of the aid, as required by Clause 2.1.1.\" |\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":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the order appears to have remained unchanged since its commencement on 1 September 2010. The file was last modified in July 2017, which likely reflects an administrative update rather than a substantive change to scope. The order appears to have stayed within its original intent of regulating the sale of swimming and flotation aids as hazardous goods."},"complexity_factors":["Limited legislative text is available in the provided excerpt — the actual operative provisions (specific safety standards, labelling requirements, prohibitions) are not reproduced, making full analysis difficult","Operates as a subordinate instrument (an 'Order') under a parent Act, so its full effect depends on understanding the enabling legislation","Relatively narrow and focused subject matter — swimming and flotation aids only — keeping complexity low","Consumer product safety regulation in Australia can involve interaction between state and federal law (e.g., Australian Consumer Law), adding a minor layer of complexity","Technical product safety standards may be incorporated by reference, which can be difficult for non-experts to locate and interpret"],"plain_english_summary":"This Tasmanian order designates certain swimming and flotation aids (inflatable arm bands, rings, pool floats) as hazardous goods, requiring sellers, importers and manufacturers to meet safety-related sale rules—labelling, warnings or restrictions—to reduce dangers.  \n\nIt targets retailers and parents by making clear these products are not life‑saving devices, so consumers won’t get a false sense of security and children’s drowning risks are better managed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This order changes the coverage of the Flotation Aids Standard for regulatory purposes by limiting the sale-prohibition to aids designed for children under 14 and used for water familiarisation or swimming tuition (cl.5). Schedule 1 replaces the Standard’s scope and definition clauses and omits certain clauses (Schedule 1, items 1–5), materially altering what products must comply and which performance or fit provisions apply. Compliance costs and legal responsibility fall on manufacturers, importers and retailers because sale is prohibited unless the product complies with the modified Standard (cl.6). The order fixes the Standard as in force on the order’s commencement day, while excluding personal flotation devices covered by AS 4758 (cl.3(1), cl.4(2)(e))."},"complexity_factors":["Relies on an external technical standard (AS 1900–2002) as modified by the order (cl.3(1), cl.6).","Modifies the external Standard by omission and substitution of specific clauses in Schedule 1 (Schedule 1, items 1–5), creating dependence on the schedule for interpretation.","Defines a narrow application population and uses-based scope (children under 14; worn/attached or sat in) which requires factual determinations by sellers and enforcers (cl.5, cl.4).","Contains express exclusions referring to another evolving standard (AS 4758 for PFDs), introducing cross-standard interaction (cl.4(2)(e)).","Omits safety-related clauses (eg. clause 2.1.1 and clause 2.7 of the Standard) which may create ambiguity about required performance tests and labeling (Schedule 1, items 4–5).","Applies the Acts Interpretation Act 1931 to interpretation, so by-law style rules govern construction (cl.3(2))."],"plain_english_summary":"This order makes it unlawful to sell swimming or flotation aids for children under 14 unless the product meets Australian Standard AS 1900–2002 as modified by this instrument. It applies to aids worn on or attached to a child, or in which a child sits, for water familiarisation or swimming tuition.\n\nManufacturers, importers and retailers must ensure compliance (cl.6 & Schedule 1); the measure is administered by the Department of Justice and narrows and clarifies the Standard’s scope and definitions."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation appears to be operating within its original intended scope. It is a specific product safety order targeting children's swimming and flotation aids, with clear boundaries excluding therapeutic devices, life jackets, and novelty items. The modifications in Schedule 1 narrow the referenced Australian Standard to focus specifically on children under 14, which aligns with the protective purpose rather than expanding beyond it."},"complexity_factors":["Short document (approximately 1,500 words)","Only 2 defined terms in the interpretation section","Simple conditional structure: prohibition applies if product meets criteria in clause 5","Single cross-reference to external legislation (Acts Interpretation Act 1931)","Incorporation by reference of external standard (AS 1900–2002) with modifications in Schedule 1","Schedule 1 contains 5 specific textual modifications using standard legislative drafting (omit/substitute)","Clear exclusions in clause 4(2) that limit scope","No nested exceptions or complex conditional logic"],"plain_english_summary":"**What this law does:**\n\nThis law sets safety rules for selling swimming and flotation aids for children in Australia. It makes it illegal to sell these products unless they meet specific Australian safety standards.\n\n**Who it affects:**\n\n- **Retailers and sellers** of children's swimming aids (arm bands, swimming vests, attached rings)\n- **Parents and carers** buying flotation devices for children under 14\n- **Manufacturers** of these products\n\n**What products are covered:**\n\nThe law applies to flotation aids designed for children under 14 that are:\n- Worn on the body (like arm bands or vests)\n- Attached to the body, or\n- Sat in by a child\n\nThese products must help children either:\n- Get comfortable in water (water familiarisation), or\n- Learn to swim and float on their own\n\n**What's NOT covered:**\n\n- Inflatable novelty shapes (like inflatable dinosaurs)\n- Unattached rings (like pool noodles or loose rings)\n- Kickboards\n- Therapeutic devices for disabled persons\n- Life jackets and personal flotation devices (these have their own separate standard)\n\n**The key requirement:**\n\nSellers cannot sell these products unless they comply with **Australian Standard AS 1900–2002** (called the \"Flotation Aids Standard\"), with some specific modifications listed in Schedule 1. These modifications narrow the standard's scope to focus specifically on children under 14 and clarify what counts as a flotation aid.\n\n**Why it matters:**\n\nThis law protects children from dangerous or poorly designed flotation devices that could fail in water, potentially leading to drowning. It ensures that products marketed as swimming aids actually meet minimum safety requirements for construction, materials, and performance."}},"importantCases":[],"_links":{"self":"/api/acts/sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010","history":"/api/acts/sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010/history","analysis":"/api/acts/sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010/analysis","conflicts":"/api/acts/sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010/conflicts","importantCases":"/api/acts/sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010/important-cases","documents":"/api/acts/sale-of-hazardous-goods-swimming-and-flotation-aids-order-2010/documents"}}