Consumer Goods (Button/Coin Batteries) Information Standard 2020

Button/coin battery is defined as a small, single cell battery with a diameter greater than the battery’s height. This definition captures most disc-shaped batteries (commonly known as coin cells or button cells) but excludes cylindrical cells and larger format batteries. The instrument applies to all button/coin batteries unless they are supplied in bulk with the intention that they be used in trades, professions or industries and are not intended for sale to the general public (section 7(2)). That exclusion is narrow: bulk supply to a wholesaler who may later sell to consumers is not covered. Lithium button/coin battery and non-lithium button/coin battery are distinguished by chemistry, because the required warning statements differ in their description of injury severity and timeframes (sections 9(2)(d) and (e)). Application day is defined as the day after 18 months from commencement (22 December 2020), meaning it falls on approximately 22 June 2022. The instrument incorporates by reference two international standards: the Design Principles (ISO 3864-2:2016) which set out size, legibility and durability criteria for product safety labels; and the Primary Batteries Standard (IEC 60086-4:2019) which contains the example “keep out of reach of children” symbol (Figure F.1) and a prescribed warning form for lithium batteries (Figure 9). These standards must be purchased from the respective organisations, though the ACCC can make copies available for viewing. Internationally recognised “keep out of reach of children” symbol is described by reference to Figure F.1 of Annex F of the Primary Batteries Standard; a suitable example is given in the instrument (a black graphic on a yellow triangle or square - the image is not described here). Internationally recognised safety alert symbol is ISO 7010‑W001 (the familiar black exclamation mark in a yellow triangle). Electronic platform is defined broadly as a business that allows other businesses to supply goods or services to consumers over the internet, including websites, online marketplaces and other electronic means. This concept is used only in the recommendations (Part 3) and has no mandatory effect, but it signals that online sellers should include warnings in product descriptions. The instrument makes clear (section 12) that failure to follow Part 3 does not contravene the instrument. The mandatory provisions (Part 2) apply to all button/coin batteries irrespective of the supply channel, including online retail.

The primary group affected is any person or business that supplies, manufactures, possesses or has control of button/coin batteries in trade or commerce in Australia. This includes Australian importers, distributors, wholesalers, retailers (brick-and-mortar and online), and original equipment manufacturers who package batteries with products (for example, remote controls, toys, hearing aids, watches). The instrument applies to button/coin batteries sold on their own or supplied as part of another consumer good? The instrument’s application (section 7) says it applies in relation to button/coin batteries; it does not expressly exempt batteries that are supplied pre-installed in a device. However, the warning requirements in Part 2 are directed at the “packaging of a button/coin battery”. If a battery is packaged with a device (e.g., a carded product with a battery in a blister), the packaging of the battery is arguably part of the product’s packaging, so the warning would still need to appear on that package. That is a matter of interpretation. Suppliers of medical devices, toys, and household electronics that contain button/coin batteries should consider whether the instrument applies to the battery packaging as supplied. The bulk supply exclusion (section 7(2)) affects only those who supply batteries in bulk to businesses for industrial or trade use, provided those batteries are not intended for sale to the general public. For example, a direct shipment of 10,000 batteries to an automotive workshop for internal use is excluded; but if that workshop later sells batteries to walk-in customers, the exclusion may be lost. The instrument indirectly affects overseas manufacturers and printers who produce packaging and battery markings, because Australian importers will demand compliant goods. Compliance obligations fall on the “person” who supplies (i.e., puts the goods into the Australian market under their name or brand) - the ACL’s supplier responsibility chain applies. The ACCC and state/territory fair trading agencies are responsible for enforcement. Consumers are the intended beneficiaries of the warnings, but the instrument imposes no obligations on them.

The core duty is set out in section 8: on and after the application day, a button/coin battery and its packaging must comply with the requirements in Part 2 that apply to them. Section 9 requires that the packaging be marked with a warning that is clearly visible, prominent and legible. The warning must contain: (a) an alert word (e.g., DANGER, WARNING, CAUTION) in upper case; (b) a combination of the internationally recognised safety alert symbol and the “keep out of reach of children” symbol; (c) a statement that the battery is hazardous and must be kept away from children (new or used); (d) for lithium batteries, a statement that the battery can cause severe or fatal injuries in 2 hours or less if swallowed or placed inside the body; (e) for non‑lithium batteries, a statement that the battery can cause serious injuries if swallowed or placed inside the body; (f) advice to seek immediate medical attention if ingestion or insertion is suspected. Section 9(3) provides flexibility on where the warning is placed: if space permits, all matters may be on the front; if not, the front must display at least the alert word, the two symbols and the hazard-away-from-children statement, with the other matters elsewhere on the packaging. Section 10 mandates that the warning comply with clause D.5 (size and legibility) and clause D.7 (durability) of Annex D of the Design Principles (ISO 3864-2:2016). This means the warning must be of a minimum size relative to the package area, must be in contrasting colours, and must remain legible under normal handling. Section 11 imposes a separate duty on lithium button/coin batteries with a diameter of 20mm or more: the battery itself must be marked with an internationally recognised “keep out of reach of children” symbol, at least 6mm in diameter, clearly visible, prominent and indelible. This is a marking on the physical cell, not the packaging. The instrument does not create any private rights of action; enforcement is through the ACL. However, the mandatory standard may be used as a benchmark in negligence or product liability claims, and the recommendations in Part 3, while not legally binding, could be used as evidence of industry best practice in a civil proceeding.

The instrument itself does not specify penalty amounts or enforcement mechanisms. Instead, it relies on the Australian Consumer Law. The instrument is made under section 134(1) of the ACL, and section 135 of the ACL makes it an offence to supply consumer goods that do not comply with a mandatory information standard. A contravention of section 135 can attract civil penalties (currently up to $50,000 for an individual and up to $250,000 for a body corporate for each contravention, under the Competition and Consumer Act 2010, though amounts may have been indexed). The ACL also provides for criminal penalties for serious contraventions (knowing or reckless supply of non-compliant goods) which can carry higher fines and even imprisonment for individuals. In addition, the ACCC and state/territory regulators can issue infringement notices (on the spot fines), seek injunctions to stop supply of non-compliant goods, apply for corrective advertising orders, and pursue non-punitive orders (e.g., community service, probation). The instrument’s mandatory requirements (sections 8-11) are strict liability provisions, meaning the prosecution does not need to prove intent or negligence; it is enough that the goods do not comply. The recommendations in Part 3 are explicitly stated (section 12) as not giving rise to any contravention of the instrument, so no penalties attach to them. However, if a supplier claims to follow Part 2 but systematically ignores Part 3, that may be relevant to other ACL provisions (e.g., misleading conduct) if consumers are led to believe the product is safer than it is. Enforcement priorities are set by the ACCC. The instrument has been in force since December 2020 with a transition period; the ACCC may have conducted compliance campaigns, but the instrument text does not record any specific enforcement actions. Suppliers should expect scrutiny because button/coin battery ingestion is a known child safety issue.

The instrument is made under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). As noted in the instrument, the ACL applies as a law of the Commonwealth, states and territories. Therefore, the information standard has uniform effect across all Australian jurisdictions, avoiding the need for separate state legislation. The instrument does not override other safety standards; there may be other mandatory standards for particular batteries (e.g., the Consumer Goods (Toys) Safety Standard, or the mandatory safety standard for household batteries? None are mentioned in the instrument). If a button/coin battery is supplied as part of another product (e.g., a toy), both the toy safety standard and this information standard may apply. The instrument also references two international standards: the Design Principles (ISO 3864-2:2016) and the Primary Batteries Standard (IEC 60086-4:2019). These are incorporated by reference as in force at the time of commencement (December 2020). This means if those standards are later amended, the version referenced remains static unless the instrument is amended. Suppliers must rely on the 2020 editions. The ACCC is noted as being able to provide viewing copies. These standards may also have legal effect in other contexts (e.g., workplace health and safety). The instrument does not interact directly with customs or import controls, but non-compliant goods may be subject to enforcement action after import. The ACL’s product safety provisions also allow for compulsory recall orders, which could apply if a product does not comply with an information standard and presents a safety risk. There is no mention of interaction with the Poisons Information Centre services; the recommendation in section 15 suggests including the centre’s phone number, but there is no legal requirement to do so. Finally, the instrument’s bulk supply exclusion (section 7(2)) aligns with the general approach under the ACL that supplies to businesses may be excluded from certain consumer goods regulation, but the condition “not intended for sale to the general public” is crucial and may be tested on the facts.

The instrument provides only its own commencement details. The whole instrument commenced on the day after registration (22 December 2020). No subsequent amendments are recorded in the text provided. The instrument as made includes a note that the commencement table “will not be amended to deal with any later amendments of this instrument”. This suggests that the instrument may have been amended after 2020, but the version shown is the original. The only timeline of note is the application day, which is 18 months after commencement, meaning mandatory compliance was required from around June 2022. The instrument itself does not contain any sunset clause or review date. Since it is a legislative instrument made under the ACL, it could be repealed or amended by the Minister at any time. The transition period of 18 months was intended to give suppliers time to clear non-compliant stock and redesign packaging. Any amendment after the original making would likely affect the design of warnings, the referenced standards, or the scope. For example, if the Primary Batteries Standard is updated to change the symbol design, the instrument would need amendment to reference the new version. The absence of an amendment history in the provided source means we cannot comment on whether any such changes have occurred. Users of this deep dive should check the Federal Register of Legislation for the current consolidated version and any amending instruments.

The instrument text does not record any litigation history. No cases are referenced. As of the date of this instrument (2020) and the application day (2022), there may not yet have been any reported court decisions specifically interpreting this information standard. Litigation could arise under the ACL if the ACCC or a state regulator seeks penalties for non-compliance, or if a competitor brings proceedings for a breach of the ACL (e.g., misleading conduct regarding compliance). The instrument’s mandatory requirements are relatively new and specific, so any court proceedings would likely focus on interpretive questions such as what constitutes a “clearly visible, prominent and legible” warning, whether the warning is in the “substance” of the required statements, or whether the battery supplied falls within the bulk supply exclusion. The instrument also incorporates by reference international standards, which may require expert evidence on compliance. Because the instrument does not provide its own penalties, any litigation would be under the ACL’s enforcement provisions, and the court would have the power to impose fines, injunctions, or corrective orders. To date, no significant litigation has been publicly noted in relation to this specific instrument. However, the ACCC has taken enforcement action in related areas (child safety risks from button batteries, including supplier recalls and court proceedings for failure to meet mandatory safety standards for battery compartments). Those cases are not in the source and cannot be named. Suppliers should not infer that the risk of enforcement action is low. The ACCC has publicly flagged button/coin battery safety as a priority.

A number of traps arise from the instrument’s wording and structure. First, the distinction between mandatory Part 2 and advisory Part 3 is critical. A supplier who assumes Part 3 is binding may over-comply at extra cost, but a supplier who assumes Part 2 is merely a recommendation risks penalties. Second, the bulk supply exclusion (section 7(2)) only applies if the batteries are “supplied with the intention to be used in trades, professions or industries” and “not intended for sale to the general public”. If the same batteries are later sold to consumers (for example, a hardware store selling a box of 100 coin cells from a bin), the exclusion is lost. The supplier must monitor the downstream use. Third, the definition of button/coin battery (“diameter greater than the battery’s height”) captures many common coin cells (CR2032 is 20mm diameter and 3.2mm height) but may exclude some disc-shaped cells that are thicker than their diameter. That creates a product classification risk. Fourth, the mandatory symbol on lithium batteries with diameter ≥20mm must be at least 6mm in diameter. On a battery that is only 20mm across, a 6mm symbol covers a significant portion of the face and may be difficult to apply indelibly. The requirement for “indelible” marking (section 11(2)(b)) suggests engraving, laser marking or high-quality printing, not a sticker that could be removed. Suppliers of very small cells (e.g., 6mm) need not mark the cell itself (only the packaging), but that creates a compliance discrepancy. Fifth, the warnings must comply with size and legibility criteria under clause D.5 of ISO 3864-2:2016, which is a detailed technical standard. The instrument does not reproduce the criteria; suppliers must purchase or view the standard. The “clearly visible, prominent and legible” test in section 9(1) is additional. Sixth, the warning for lithium batteries must state that injuries can occur “in 2 hours or less”. That is a specific time claim that could be difficult to prove or defend. If a battery causes injury in a shorter or longer time, the warning might be considered inaccurate, but the instrument only requires “the substance of” such a statement. Seventh, the recommended contact for the Poisons Information Centre (section 15) is not mandatory, but if a supplier fails to include it and a poisoning occurs, this could be used against them in a civil action. Eighth, the electronic platform recommendation (section 14) is only a recommendation, but the ACCC may consider that online sellers have a duty to include warnings; if they do not, they could be exposed to claims of misleading conduct under the ACL if consumers are not warned. Ninth, the instrument applies to “packaging of a button/coin battery”. If a battery is sold in a multipack, the outer packaging must comply, but each individual blister may also need to if sold separately. Tenth, the Design Principles clause D.7 (durability) requires that the label remain legible throughout the reasonably expected life of the product and after exposure to handling and environmental conditions. This could require testing and is easily overlooked.

Suppliers should start by identifying every button/coin battery they supply in Australia, including those packaged inside or alongside other goods. Determine whether the battery is lithium or non-lithium, and if lithium, whether its diameter is 20mm or more. For every battery that is not excluded under section 7(2), the packaging must carry the mandatory warning under section 9. The warning must contain all six elements listed in section 9(2): alert word in upper case (DANGER, WARNING or CAUTION); both the safety alert symbol and the “keep out of reach of children” symbol (use Figure F.1 of IEC 60086-4:2019 for the latter); a statement that the battery is hazardous and must be kept away from children; a chemistry-specific injury warning (lithium: “severe or fatal injuries in 2 hours or less”; non‑lithium: “serious injuries”); and advice to seek medical attention immediately if ingestion or insertion is suspected. The warning must be “clearly visible, prominent and legible” - generally a contrasting colour on a plain background, with font sizes consistent with the package dimensions. Additionally, the warning must comply with clauses D.5 and D.7 of ISO 3864-2:2016 (Design Principles). Clause D.5 sets out minimum letter heights based on viewing distance; clause D.7 requires the label to withstand handling, moisture and wear. Suppliers should obtain copies of ISO 3864-2:2016 and IEC 60086-4:2019 from SAI Global or the ISO website, or view them at an ACCC office. The packaging layout may use the two‑zone approach allowed by section 9(3): the front of the package must contain the alert word, both symbols and the hazardous/keep‑away statement; the other statements (injury specifics and medical advice) can be elsewhere on the package (e.g., back panel). For lithium batteries with diameter ≥20mm, the battery cell itself must be marked with the “keep out of reach of children” symbol, at least 6mm in diameter, clearly visible, prominent and indelible. This likely requires direct printing or laser etching on the metal casing. Suppliers should work with their battery manufacturers to ensure this marking is in place before import. For lithium batteries, the warning on packaging may adopt the form shown in Figure 9 of IEC 60086-4:2019, which is deemed to comply if that form is used. Suppliers should also consider implementing the Part 3 recommendations even though they are not mandatory. Including the Poisons Information Centre phone number and safe disposal advice on the packaging can reduce legal exposure. For suppliers using electronic platforms like eBay or Amazon, a warning should be included in the product description in a clear and prominent manner (section 14). Finally, maintain records of compliance: test reports showing warning legibility and durability per ISO 3864-2, photographs of packaging and battery markings, and evidence of the warning wording. The ACCC may request these records in the event of an investigation. Because the instrument is strict liability, good‑faith efforts but non‑compliant products still attract penalties. Regular auditing of stock, especially imported goods, is recommended.