Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023

The instrument centralises compliance around a small number of technical standards and altered clause text. Key definitional and structural concepts are:

• Scope by age and marketing: “children’s toy” is an object manufactured, designed, labelled or marketed as a plaything for a child up to and including 36 months of age (s 6(2)). The instrument therefore captures products targeted at that age band regardless of the manufacturer’s express “intended” age statement; multiple modifications remove “intended” from relevant subclauses in the imported standards (see s 11(2), s 15(2), s 12(2)(d), s 16(2)(d), s 18(2)). That omission broadens the functional scope to objects that are appropriate for or marketed toward that age bracket rather than just those expressly stated by a manufacturer as “intended” for that age.
• Multiple compliance routes: Suppliers may choose one of four bodies of test requirements: the Australian/New Zealand Standard AS/NZS ISO 8124.1:2023 (modified), the European Standard EN 71‑1:2014+A1:2018 (selected clauses), the International Standard ISO 8124‑1:2022 (modified), or the US ASTM F963‑17 (selected clauses) (see ss 10, 13, 14, 17). Each nominated route requires compliance with a specified list of clauses or subclauses rather than the whole standard.
• Modifications by instrument: The instrument does not adopt the standards wholesale. It explicitly modifies words and clauses within them. Examples include changing age phrasing from “under 36 months” to “up to and including 36 months” (ss 11(3), 15(3), 12(2)(a) and 16(2)(a)), inserting “including teething necklaces” in certain subclauses (ss 11(4), 15(4)), removing references to certain tests (e.g., clause 4.3.2 expanding materials and 4.18.3 projectile toys with stored energy in s 12(3)(a)), and altering testing orientation language from “in any orientation” to “in all possible orientations” (ss 12(3)(b), 16(3)(c)). These are not stylistic edits: they alter how conformity is to be interpreted and tested.
• Electric toys and batteries: The Electric Toy Standard AS/NZS 62115:2018 is applied in a limited way: the instrument requires compliance with subclause 13.4.1 as modified (s 19). That subclause is itself modified to truncate its original text (s 20(2) omits words after a specified sentence). The instrument also contains a specific rule for overlap with the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020: where both standards apply and cover the same matter, the requirement under this instrument does not apply to the toy (s 7(1)-(2)). Section 7(3) clarifies that this non‑application does not affect the requirement in section 19 (the electric toy battery compartment provision).
• Transitional pathway and repeal: For 18 months from commencement, suppliers may comply with the new instrument’s listed standards or with the older 2003 Consumer Protection Notice (s 8(1)). Schedule 1 repeals that 2003 instrument once the transitional provision ceases (Schedule 1 item 1). Section 8(2) explicitly repeals the transitional regime at the end of the 18 months.
• Interaction with regulator powers under the ACL: The instrument repeatedly signals that a supplier may be required to nominate the applicable requirements to the regulator (see s 8(1) Note 1 and s 9 Note referencing s 108 of the Australian Consumer Law). The instrument was made under the Australian Consumer Law (s 3), which operates as a Commonwealth law and references the Competition and Consumer Act framework (the instrument’s note to s 3 refers to s 140K of that Act).

Collectively, the main concepts operate as a standards‑based mandatory safety regime focused on a narrow age group with specific exclusions, multiple accepted test standards, and tailored modifications to those standards that govern how testing and labelling are to be conducted for regulatory compliance.

The instrument’s legal reach is defined by how “children’s toy” is described and by the obligations it imports through the ACL. Primary parties affected are:

• Suppliers (manufacturers, importers and retailers): The instrument applies to consumer goods that are children’s toys and therefore binds suppliers who place such products on the Australian market. The instrument repeatedly contemplates regulator interaction with suppliers, including the regulator’s power to require a supplier to nominate which standard it relied on (see the notes in ss 8(1) and 9 referring to section 108 of the Australian Consumer Law). The instrument is made under the ACL (s 3), which typically makes suppliers responsible for compliance with mandatory safety standards; that framework is what gives the instrument operative force across Commonwealth, state and territory jurisdictions (note to s 3).
• Importers and overseas manufacturers targeting Australian consumers: The definition in s 6(2) captures objects “manufactured, designed, labelled or marketed as a plaything for a child up to and including 36 months of age.” The inclusion of “marketed” as part of the definition means goods promoted toward that age group are brought within scope even if manufacture or labelling does not explicitly state the age group. That will affect overseas suppliers who market to Australia or importers who bring such goods into the Australian supply chain.
• Testing laboratories and compliance consultants: The instrument requires conformity with specified clauses and modified testing methodologies (see ss 10-20). Labs and consultants will need to understand the modifications (for example, the switch to “in all possible orientations” in testing clauses, removal of certain subclauses and the insertion of specific textual changes) to issue test reports that align with regulator expectations.
• Distributors and secondary suppliers: Down‑stream suppliers (distributors, wholesalers) who place toys on the market are affected because liability under the ACL extends along the supply chain for product safety and labelling. The instrument does not explicitly allocate liability, but its language and references to regulator powers imply the whole supply chain may need to be able to demonstrate compliance on request (see notes to ss 8 and 9 and the reference to s 108 ACL).
• Consumers and caregivers: Indirectly affected because the standard changes the testing and labelling baseline for toys marketed for children up to and including 36 months. The instrument imposes a labelling requirement for certain closed cell foam toys (s 6(3)(n)), which directly affects information available to purchasers.

Excluded or partially excluded groups and products are listed in s 6(3). Those include balloons, marbles, tapes/compact discs, books, writing materials, paints and painting implements, modelling materials, specific bicycle category, home and public playground equipment, goods supplied unassembled for adult assembly if assembly would produce compliance, flotation toys, pacifiers, toys made wholly from highly porous material (except pompoms), and certain closed cell foam toys subject to a prescribed warning label. Each exclusion narrows the instrument’s reach. For example, bicycles with a wheelbase of not less than 640 mm are explicitly outside scope (s 6(3)(h)).

Regulatory interplay also affects who decides compliance: the regulator (the Australian Competition and Consumer Commission or an equivalent regulator) can require suppliers to nominate which standard route they used and can make available copies of the standards for viewing subject to licensing terms (see definition notes to standards and the notes to ss 10 and 14).

Duties and compliance options under the instrument are expressed through required conformity to particular clauses of recognised standards as modified by the instrument and through specific labelling duties for certain products.

Key duties:

• Duty to ensure conformity to one of the specified standards: After the transitional period (s 9), each children’s toy must comply with either (a) the Australian/New Zealand Standard provisions listed in section 10 (as modified by ss 11 and 12) together with the Electric Toy Standard requirement in section 19; or (b) the European Standard clauses listed in section 13 together with the Electric Toy Standard; or (c) the International Standard provisions listed in section 14 (as modified by ss 15 and 16) together with the Electric Toy Standard; or (d) the US Standard clauses listed in section 17 together with the Electric Toy Standard (s 9). During the transitional period suppliers may additionally comply with the 2003 Consumer Protection Notice (s 8(1)(e)).
• Duty to comply with specified clause modifications: When relying on the Australian/New Zealand or International Standards, suppliers must apply the instrument’s textual modifications (for example, omission of “intended” in multiple subclauses, the insertion of “including teething necklaces”, change of age phrasing to “up to and including 36 months”, and the modifications to testing clauses in Part 3) (see ss 11-12 and 15-16). The modifications are mandatory; compliance is judged against the modified text.
• Labelling duty for certain foam toys: Toys made from closed cell polyethylene, ethylene vinyl acetate or like material are excluded from the instrument unless they carry a conspicuous warning in the prescribed form; the warning must be in red upper case letters, with “WARNING” at least 5 mm high and the accompanying text at least 2.5 mm high, and it must state “NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD” on a white background (see s 6(3)(n)(i)-(iv)). That is both an exclusion carve‑out and a mandatory labelling duty.
• Duty to observe the battery standard interaction: If the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020 applies to the same toy and deals with the same or substantially the same matter or achieves the same purpose, the overlapping requirement under this instrument does not apply to that toy (s 7(1)-(2)). However, that non‑application expressly does not affect the Electric Toy Standard requirement in section 19 (s 7(3)). Suppliers must therefore determine whether the battery standard applies and which specific requirements govern.

Rights and procedural points:

• Right (and obligation) to nominate a compliance route if requested: The instrument notes that on request by the regulator a supplier may be required to nominate the applicable requirements under ss 8(1) and 9; the note references s 108 of the Australian Consumer Law, which provides the regulator with a power to require suppliers to state which compliance route they relied upon. That is not a substantive “right” to choose; it is an obligation to be able to state which permitted route was used.
• Right to rely on specified testing standards: Suppliers have a clear, legislated menu of acceptable technical benchmarks and need not comply with the entire body of each standard; they must meet only the listed provisions as modified by the instrument (see ss 10, 13, 14, 17).
• Practical limitation on access to the standards: The standards are commercial documents. The instrument’s notes make clear that each standard could be purchased from commercial providers (SAI Global, Techstreet) and that the ACCC can make copies available for viewing subject to licensing conditions (see definition notes for the Australian/New Zealand, International and Electric Toy Standards). That creates an access cost which suppliers must bear to verify conformity.

Duties under this instrument are enforced within the broader ACL framework (see s 3, and the note referencing Schedule 2 to the Competition and Consumer Act 2010). The instrument itself does not set out specific monetary penalties or enforcement processes; those are supplied by the Australian Consumer Law and relevant enforcement provisions of the Competition and Consumer Act and equivalent state/territory laws.

The instrument does not itself create bespoke penalties. It is made under the Australian Consumer Law (s 3), and enforcement and penalties for contraventions of mandatory safety standards sit within the ACL framework rather than within this instrument’s text. The instrument’s authority note makes that linkage explicit by referencing subsection 104(1) of the Australian Consumer Law and the Competition and Consumer Act machinery (note to s 3). Therefore, to determine civil penalties, criminal sanctions (if any), injunctive remedies, product recall powers, or infringement notice regimes, one must look to the Australian Consumer Law and the enforcement mechanisms available under the Competition and Consumer Act 2010 and corresponding state and territory incorporation of Schedule 2. The instrument itself gives no separate penalty table, amounts or de novo enforcement mechanics.

Operational enforcement signals and procedural mechanisms in the text include:

• Regulator’s information powers: The instrument explicitly anticipates the regulator asking suppliers to nominate which compliance route they used (see notes to ss 8(1) and 9 and the reference to s 108 ACL). Section 108 of the ACL authorises the regulator to require suppliers to provide information about compliance with a mandatory safety standard. The instrument therefore places suppliers under an evidentiary obligation to be able to identify and justify the chosen compliance pathway on request.
• Standards as reference materials: The instrument imports external documents (standards) and modifies them. The notes to the definitions indicate that these standards are commercially obtainable and that the ACCC can make a copy available for viewing under licensing conditions. That presents a practical enforcement mechanism: regulators will compare supplier documentation and test reports against the specified (and modified) clauses.
• Repeal and transition enforcement: During the 18‑month transitional period suppliers may rely on the earlier 2003 instrument or on the new instrument (s 8(1)). That means enforcement will allow either compliance trail for that period, but after the transitional period the earlier instrument is repealed (Schedule 1 item 1) and will no longer serve as a defence or compliance route.
• Overlap with other mandatory standards: Section 7 addresses overlap with the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020. Where both apply and the requirements address the same or substantially the same matter, the requirement under this instrument will not apply in relation to the toy (s 7(1)-(2)). That provision operates as a conflict‑resolution rule and will guide enforcement insofar as regulators must determine which standard governs a particular product. Section 7(3) carves out the Electric Toy Standard requirement from that non‑application.

Practical enforcement consequences for suppliers are therefore likely to come through the general ACL enforcement toolkit: compliance notices, injunctions, product bans, recalls, enforceable undertakings, pecuniary penalties and consumer redress under the ACL and Competition and Consumer Act. Those mechanisms are not reproduced in the instrument. The instrument’s legal design is to be enforced by the regulator against suppliers who must be able to demonstrate conformity with the specified modified clauses on request.

Compliance documentation, test reports, labelling samples and supply chain records will be central to responding to regulator requests. The instrument’s repeated cross‑references to the regulator’s information powers imply that failure to produce evidence of conformity to the nominated clauses when requested may attract the general penalties and remedies available under the ACL.

The instrument sits within the Australian Consumer Law framework and interacts with other consumer goods safety standards by express cross‑reference and conflict resolution provisions.

Direct statutory interactions and references:

• Made under the Australian Consumer Law: The instrument is made under subsection 104(1) of the Australian Consumer Law and the note to section 3 expressly links to Schedule 2 to the Competition and Consumer Act 2010 and its operation across Commonwealth, State and Territory jurisdictions (s 3). That locates this instrument within the broader national consumer protection regime and means enforcement, penalties and regulator powers under the ACL apply.
• Regulator information powers (s 108 ACL): The instrument’s notes at ss 8(1) and 9 reference section 108 of the ACL. That provision enables the regulator to require suppliers to nominate which of the permissible standards they relied on. This instrument therefore anticipates that regulator information power will be used to allocate the supplier’s compliance route.
• Interaction with the button/coin battery standards: Section 7 sets an explicit interaction rule with the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020. Where both instruments apply to the same toy and a requirement under this instrument deals with the same or substantially the same matter as a requirement under the 2020 battery standard (or achieves the same purpose), the requirement under this instrument does not apply in relation to that toy (s 7(1)-(2)). The instrument’s note repeats that toys may also be subject to additional battery information standards (the Consumer Goods (Button/Coin Batteries) Safety Standard 2020, the Information Standards 2020). The instrument excludes section 19 from that non‑application rule: section 19’s Electric Toy Standard requirement remains applicable even where the battery standard overlaps (s 7(3)).
• Repeal of prior instrument: Schedule 1 repeals the Consumer Product Safety Standard: Toys for children up to and including 36 months of age (Consumer Protection Notice No. 14 of 2003) in full. That is an explicit statutory interaction: the new instrument replaces the earlier mandatory safety standard once the transitional pathway ceases to apply to new supplies.
• Standards as external instruments: The instrument imports by reference portions of Australian/New Zealand, International, European and US standards. Those standards continue to be subject to their own provenance (commercial licensing, proprietary rights), and the instrument’s notes repeatedly tell the reader where to obtain copies and how the ACCC can make copies available for viewing subject to licensing conditions. The instrument's modifications mean that the operative law is the standard text as modified by the instrument; where the instrument modifies a clause, the regulator will interpret compliance against the modified clause rather than the original standard alone.

Practical cross‑law consequences:

• Dual compliance and regulatory uncertainty: Where a toy could be caught by both this instrument and the button/coin battery standard, suppliers must identify which standards govern and prepare test evidence accordingly. Section 7 sets a prioritisation rule but requires factual assessment of whether two provisions deal with the same or substantially the same matter or achieve the same purpose; that could require legal or technical analysis for borderline toys.
• Supply chain liability under ACL: Because the instrument is an ACL instrument, it interacts with the ACL’s extended liability and recall powers. Suppliers who do not comply with the instrument may be subject to the ACL’s recall and penalty powers.
• State and territory application: The note to section 3 states the ACL schedule is applied as a law of the Commonwealth and the States and Territories (reference to s 140K of the Competition and Consumer Act and corresponding state/territory provisions). Thus, this instrument operates across jurisdictions under the ACL architecture rather than requiring separate state laws.

In sum, the instrument is not stand‑alone law; it is a mandatory safety standard that operates within the ACL’s enforcement architecture, interacts expressly with the 2020 button/coin battery standard, and replaces the earlier 2003 instrument. Suppliers must therefore manage compliance in the context of both overlapping mandatory standards and the ACL’s enforcement powers.

The instrument itself contains its initial making and commencement data and the repeal of an earlier instrument. The text available here shows:

• Date made and signatory: The instrument is signed and dated 29 August 2023 by the Assistant Treasurer and Minister for Financial Services (Stephen Jones) (front page). The commencement table in section 2 records that “the whole of this instrument” commences the day after registration, shown as 5 September 2023.
• Transitional regime: The instrument defines a transitional period of 18 months beginning on the day the instrument commences (definition of transitional period). Section 8 creates a temporary compliance regime during that period and expressly states section 8 is repealed at the end of the last day of the transitional period (s 8(2)).
• Repeal of the prior standard: Schedule 1 repeals the entire Consumer Product Safety Standard: Toys for children up to and including 36 months of age (Consumer Protection Notice No. 14 of 2003) (Schedule 1 item 1). The instrument therefore replaces the 2003 Consumer Protection Notice once transitional options expire.
• No later amendments shown in the text: The instrument as reproduced here contains no schedules or items amending this instrument itself beyond the repeal of the 2003 instrument. The instrument contains an explicit note in the commencement table saying that the table relates only to the provisions as originally made and will not be amended to deal with later amendments of the instrument (s 2 note). That means this document reflects the instrument at first‑making; any subsequent amendments to the instrument would be recorded separately on the Federal Register of Legislation or in later legislative instruments.

Because the instrument is self‑contained on its face, the amendment history evident in the text comprises its making (29 August 2023), its commencement (5 September 2023), the creation of an 18‑month transitional period and the repeal of the 2003 instrument. There are no additional historical layers or later amendment items set out inside this text.

The instrument does not record any litigation, and the text names no judicial decisions or cases. The instrument’s notes refer to other regulatory instruments and to the Australian Consumer Law (see the note to section 3 and notes to sections 8 and 9), but it does not cite or rely on any judicial authority, and there is no litigation history contained within the instrument itself.

Accordingly, based on the instrument text alone:

• There are no cases named or cited in the instrument.
• There is no mention of precedent litigation affecting interpretation of the instrument’s terms.
• Any litigation that may arise in future would be in the general ACL context (for enforcement, compliance or challenges to regulator decisions), but such litigation is not recorded in the instrument.

Practically, suppliers and advisors should therefore treat the instrument as a fresh statutory instrument within the ACL framework and expect that interpretation disputes,especially over the instrument’s modifications to imported standards, the scope of “marketed as a plaything”, and the overlap with the battery standard,would be litigated within the ACL’s enforcement and review pathways should contentious enforcement action arise. None of that is addressed in the text here; there is no recorded litigation history to consult within this instrument.

The instrument contains a number of detailed drafting choices and cross‑references that create practical compliance traps and interpretative issues. The following are concrete “watchouts” grounded in the text.

1. “Intended” removed across multiple provisions: The instrument repeatedly modifies standards by omitting the word “intended” from relevant subclauses (see s 11(2) for AS/NZS, s 15(2) for ISO, s 12(2)(d) and s 16(2)(d) for testing clauses, and s 18(2) for ASTM). Removing “intended” shifts assessment from manufacturer’s stated intent to the product’s characteristics, marketing and appropriateness for the age group. That broadens exposure for suppliers who market or label imprecisely, because a regulator can assess a toy’s suitability without relying on the manufacturer’s stated age guidance.

2. Age phrasing: The instrument changes “under 36 months” or equivalent phrasing to “up to and including 36 months” in multiple places (see s 11(3), s 12(2)(a), s 15(3), s 16(2)(a)). That may capture a marginal set of products aimed at exactly 36 months that would otherwise have been outside scope. Suppliers who previously considered “36 months and over” as outside the youngest category should note the “including 36 months” language.

3. Testing orientation tightened: Clause 5.2 modifications replace “in any orientation” with “in all possible orientations” (ss 12(3)(b) and 16(3)(c)). That imposes a more exhaustive testing requirement in some contexts: testers must consider every orientation that could occur in normal use, which increases testing time and cost. Labs and test reports must explicitly show they tested all possible orientations where applicable.

4. Deletion and narrowing of referenced tests: The instrument omits references to certain tests in clause 5.2 and elsewhere (e.g., s 12(3)(a) omits “4.3.2 (expanding materials), 4.4 (small parts), 4.18.3 (projectile toys with stored energy)” and substitutes only “4.4 (small parts)”; s 16(3)(a)-(b) omits references). Those deletions change which technical phenomena are expressly tested under the imported standards. Suppliers relying on a given foreign standard should map the instrument’s listed clauses to the original standard to ensure they do not assume compliance with deleted tests.

5. Electric toy battery compartment text truncated: Section 20(2) modifies subclause 13.4.1 of AS/NZS 62115:2018 by omitting all words after the sentence “Batteries that fit wholly within the small parts cylinder as specified in 5.2 of ISO 8124‑1:2014 shall not be removable without the aid of a tool”. That truncation may remove surrounding contextual requirements or test detail originally present in AS/NZS 62115:2018. Suppliers should not assume the remainder of that subclause survives; compliance must be shown against the specific truncated text as modified by s 20(2).

6. Battery standard overlap rule requires factual analysis: Section 7 establishes that where the battery standard and this instrument both apply and deal with the same or substantially the same matter or purpose, the requirement under this instrument does not apply. Determining whether two provisions “deal with the same or substantially the same matter” is a factual and legal assessment. Suppliers cannot simply assume the battery standard displaces all battery‑related obligations; they must analyse the textual and purposive overlap, and note that section 19 (the Electric Toy Standard requirement) is not displaced by s 7(2) (s 7(3)). That creates a potential compliance trap where a supplier incorrectly elects to rely on one standard without establishing that overlap criteria are met.

7. Exclusion with labelling requirement: Toys made from certain closed cell foams are excluded only if they carry a specific warning label in precise format and size (s 6(3)(n)(i)-(iv)). Failure to meet the font size, colour or positioning requirements means the toy falls within the instrument’s scope. That is a binary technical requirement; labelling must be checked carefully.

8. Access costs to standards: The instrument imports commercial standards by reference. The notes state the standards “could in 2023 be purchased online from SAI Global or Techstreet” and that the ACCC can make a copy available for viewing subject to licensing conditions (see the definition notes). Suppliers must pay for standards or coordinate access through testing laboratories, which is an administrative and cost burden.

9. Transitional period is time‑limited and repealed automatically: Section 8(2) repeals the transitional section at the end of the 18‑month period. Suppliers using the 2003 standard during the transition must convert compliance testing and labelling to a new compliant route after transition, and they should not assume the transitional option extends beyond the defined period.

10. Selected clause list, not whole standard: The instrument requires compliance with specific clauses (for example, s 10 lists particular subclauses of AS/NZS ISO 8124.1:2023). Suppliers who interpret compliance as meeting the entire standard could still fail to meet a specified clause that has been modified by the instrument. Conversely, suppliers must ensure the chosen clause list covers all relevant hazards for their product; omission of a clause from the instrument’s list means it is not a mandatory route under this instrument.

11. Ambiguity in how modifications relate to newer editions: The instrument defines each standard “as in force or existing at the time when this instrument commences” (see definitions). That fixes the operative edition for reference, but suppliers must ensure they use the edition in force at commencement and then apply the instrument’s modifications; post‑commencement revisions of the underlying standards are not automatically captured.

Each of these items is grounded in a specific provision of the instrument (see cited sections). Practical compliance requires mapping the standard provisions as modified by the instrument to product design, labelling, testing protocols and supply chain documentation.

Compliance requires a systematic approach covering product categorisation, standard selection, testing, documentation and labelling. Below are practical steps founded on the instrument’s text.

1. Step 1 , Determine whether the product is within scope:

   • Apply the statutory definition: is the object manufactured, designed, labelled or marketed as a plaything for a child up to and including 36 months of age (s 6(2))? Include marketing channels, packaging claims and product photography in the assessment because “marketed” is part of the statutory test.
   • Check the exclusions in s 6(3). If the product fits an exclusion (for example, pacifiers, books, marbles, bicycles of specified dimensions), record why it is excluded. For closed cell foam toys, check whether the specified warning label appears in the exact format required (s 6(3)(n)(i)-(iv)). If the label is present and compliant in form and placement, the toy is excluded; if not, the toy remains in scope.

2. Step 2 , Choose an applicable standards route:

   • After the transitional period, select one of the four routes: AS/NZS ISO 8124.1:2023 (modified) plus Electric Toy Standard (s 10 and s 19), EN 71‑1 clauses (s 13) plus s 19, ISO 8124‑1:2022 (modified) plus s 19 (s 14 and s 19), or ASTM F963‑17 (selected clauses) plus s 19 (s 17 and s 19).
   • During the transitional period (first 18 months from commencement), the 2003 Consumer Protection Notice remains an alternative compliance path (s 8(1)(e)).
   • Document and retain the compliance route decision; the regulator may require a supplier to nominate the applicable requirements (notes to ss 8(1) and 9 referencing s 108 ACL).

3. Step 3 , Map the instrument’s modifications onto the chosen standard:

   • Carefully apply the instrument’s textual modifications. For the Australian/New Zealand and International Standards, omit “intended” wherever the instrument requires (s 11(2), s 15(2)). Change age wording to “up to and including 36 months” as specified (s 11(3), s 15(3), s 12(2)(a), s 16(2)(a)). Insert specific phrases (e.g., “including teething necklaces” in subclause 4.5.1.2) where required (s 11(4), s 15(4)).
   • Apply the testing modifications precisely: for example, replace “in any orientation” with “in all possible orientations” where the instrument mandates it (ss 12(3)(b), 16(3)(c)). Remove or alter references to particular subclauses per the instrument (ss 12(3)(a), 16(3)(a)-(b)).
   • For the Electric Toy Standard, ensure compliance with the modified subclause 13.4.1 as truncated by s 20(2).

4. Step 4 , Commission testing and obtain reports that reference the modified clauses:

   • Use accredited testing laboratories experienced in toy testing. Instruct labs to test to the specific clause numbers as modified by the instrument. Test reports should explicitly state the clause and the instrument’s modification applied (for example: “Test conducted to AS/NZS ISO 8124.1:2023 subclause 4.5.2 as modified by Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023, s 11(2) - ‘intended’ omitted”).
   • Ensure labs document that they tested all required orientations or permutations if the instrument requires “all possible orientations” testing (ss 12(3)(b), 16(3)(c)).
   • For electric toys, require the lab to test battery compartments in accordance with the modified subclause in s 20(2).

5. Step 5 , Assess battery standard overlap and apply the correct rule:

   • Determine whether the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020 applies to the product. If both apply, analyze whether a requirement under this instrument and a requirement under the 2020 battery standard “deal with the same or substantially the same matter” or “achieve the same purpose” (s 7(1)). If they do, the requirement under this instrument does not apply to the toy (s 7(2)). Maintain written technical/legal analysis of that overlap.
   • Note the carve‑out: section 19 (the Electric Toy Standard battery compartment requirement) is unaffected by this non‑application and remains applicable (s 7(3)).

6. Step 6 , Labelling and packaging:

   • For foam toys that fall under s 6(3)(n), ensure the warning meets the prescriptive format: “WARNING” in red upper case letters at least 5 mm high on a white background, and the full warning text in red upper case letters at least 2.5 mm high (s 6(3)(n)(iii)-(iv)). Ensure placement on the toy or principal outer display face per s 6(3)(n)(ii).
   • Ensure any mandatory labelling arising from the chosen standard route is incorporated and corresponds to the modified clauses.

7. Step 7 , Maintain documentation and be prepared to nominate:

   • Keep a compliance file linking product design specifications, test reports, supplier declarations, marketing materials and the legal analysis of whether this instrument or another battery standard governs the product. The instrument anticipates a regulator may require the supplier to nominate which applicable requirements were used (notes to ss 8 and 9), so have a one‑page compliance statement ready stating: chosen route, clauses tested, test lab identity, and date of testing.

8. Step 8 , Update procurement and supply chain checks:

   • For imported products, ensure purchase contracts require manufacturers/third‑party testing to reference the instrument’s modified clauses and to deliver test reports and labelling files that match the instrument’s requirements. Include indemnities and warranties about compliance and an obligation to notify the importer of any change in product specification that could affect compliance.
   • For private label or custom products, ensure design briefs require adherence to the instrument’s modified clauses; do not rely on supplier representations alone.

9. Step 9 , Plan for post‑transitional changes:

   • If relying on the 2003 instrument during transition, schedule retesting or revalidation to the new instrument’s route before the transitional section is repealed (s 8(2)). Do not assume the 18‑month period will be extended.

10. Step 10 , Seek technical and legal advice for borderline or complex products:

• Products that sit on age margins, use novel materials, include small or removable parts, or contain button/coin batteries should be reviewed by technical consultants and counsel familiar with the instrument’s modifications and with the ACL. Given the factual assessment required by s 7 and the modified testing language, professional analysis reduces the risk of non‑compliance.

Document format and test report language are practically important. Test reports should do more than state a reference standard; they should mirror the instrument’s modifications in their declarations. Keep all records in case of regulator request under s 108 ACL. Compliance is therefore a mix of product design discipline, specialist testing, clear labelling and disciplined recordkeeping tied to the specific modified clauses the instrument prescribes.