{"id":"F2009L00223","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 1 of 2009 - Consumer Product Safety Standard: Lead and Certain Elements in Children's Toys","slug":"trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":76695,"registerId":"commonwealth-F2009L00223-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices Act 1974 - Consumer Protection Notice No. 1 of 2009 - Consumer Product Safety Standard: Lead and Certain Elements in Children's Toys","content":"COMMONWEALTH OF AUSTRALIA\n\nTrade Practices Act 1974\n\nConsumer Protection Notice No. 1 of 2009\n\nCONSUMER PRODUCT SAFETY STANDARD FOR LEAD AND CERTAIN ELEMENTS IN CHILDREN’S TOYS\n\nI, Christopher Bowen, pursuant to subsection 65E (1) of the Trade Practices Act 1974 and for the purposes of section 65C of that Act, hereby DECLARE that from 1 January 2010 the consumer product safety standard for lead and certain elements in children’s toys is the standard approved by Standards Australia specified in Division 1 of the Schedule, as varied by Division 2 of the Schedule.\n\nFor the purposes of this safety standard, children’s toys are as defined in Division 3 of the Schedule.\n\nTHE SCHEDULE\n\nDivision 1: The Standards\n\na) In respect of finger paints for children, clause 4.4 of Australian Standard AS 8124.7\\-2003, Safety of toys Part 7 – Finger paints – requirements and test methods, published by Standards Australia on 26 June 2003, and\n\nb) In respect of other toys for children, Australian/New Zealand Standard AS/NZS ISO 8124.3:2003, Safety of toys Part 3 – Migration of certain elements, published by Standards Australia on 23 May 2003.\n\nDivision 2: Variation\n\nStandard AS/NZS ISO 8124.3:2003 is varied as follows:\n\nIn Section 7 Selection of test portions, delete the sentence, “When appropriate, the toy shall be subjected to relevant tests in accordance with ISO 8124-1, before the accessibility is considered.”\n\nDivision 3: Definition of children’s toys\n\nChildren’s toys are products supplied new that are designed or clearly intended for use in play by children.\n\nProducts not included in the scope of this standard include sporting goods, camping goods, bicycles, home and public playground equipment, trampolines, electronic game units, models powered by combustion or steam engines and fashion jewellery for children.\n\nDated this 22nd day of January 2009\n\nChris Bowen  \nMinister for Competition Policy and Consumer Affairs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended to regulate chemical safety (specifically lead and element migration) in children's toys through adoption of existing Australian Standards. The scope has not expanded beyond this specific consumer protection purpose."},"complexity_factors":["Short document (approximately 300 words)","Only 3 defined structural divisions (Divisions 1-3)","Single variation to adopted standard (one sentence deletion)","Incorporates external standards by reference rather than reproducing technical content","Simple exclusion list for scope (8 categories of excluded products)","No nested conditional logic or cross-references within the instrument itself","Relies on pre-existing technical standards (AS 8124.7-2003 and AS/NZS ISO 8124.3:2003) for substantive requirements"],"plain_english_summary":"This law makes legally binding limits on toxic metals (lead, arsenic, mercury, cadmium, etc.) in children’s toys sold in Australia, banning toys that exceed unsafe levels and protecting kids from poisoning. It applies to toy makers, importers and retailers, and adopts two existing Australian Standards—one for finger paints and one for other toys—with a minor change to testing procedures. The goal is to stop hazardous metal exposure from mouthing or contact with play items."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument adopts existing Australian and Australian/New Zealand toy safety standards (Division 1) but changes the operative testing procedure by deleting a sentence in Section 7 of AS/NZS ISO 8124.3:2003 (Division 2). That variation alters how test portions are selected (and thus what is tested) compared with the unmodified standard. Division 3 also clarifies which products are in or out of scope, narrowing applicability for specified categories."},"complexity_factors":["Incorporation by reference of external technical standards (Division 1) — compliance depends on documents published outside the instrument (AS 8124.7-2003 and AS/NZS ISO 8124.3:2003).","Single targeted variation to an external standard (Division 2) — deletes a sentence in Section 7 of AS/NZS ISO 8124.3:2003 affecting selection of test portions and the sequence of testing.","Scope and exclusions defined in-instrument (Division 3) — definition of 'children’s toys' with an explicit list of excluded product categories creates borderline classification and compliance uncertainty for some suppliers.","Statutory basis and commencement (preamble) — declared under subsection 65E(1) for purposes of section 65C of the Trade Practices Act 1974, which places legal force on the referenced standards and empowers enforcement.","Compliance costs and administrative burden — requires manufacturers/importers to arrange testing, maintain evidence of conformity, and alter sourcing or product design where limits are exceeded.","Potential for interpretation disputes — delegated reliance on technical standards and a short variation increases the role of testing labs and regulators in resolving ambiguous cases."],"plain_english_summary":"This notice makes specific Australian toy-safety standards mandatory from 1 January 2010 for lead and certain elements in children’s toys. Suppliers of new toys designed or clearly intended for children’s play — manufacturers, importers and retailers — must meet the referenced test methods and limits (including a separate clause for finger paints) and comply with a single technical variation to the testing procedure. Compliance requires testing, certification and changes to supply decisions if products do not meet the standard."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-1-of-2009-consumer-product-safety-standard-le/documents"}}