G/TBT/N/AUS/137  
25 February 2022  
(22-1817) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  AUSTRALIA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Australian Competition and Consumer Commission (ACCC)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if di fferent from above:   
Department of Foreign Affairs and Trade  
Email: tbt.enquiry@dfat.gov.au  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Toys for 
children up to and including 36 months of age are products which are designed, 
manufactured, labelled and marketed as playthings or are clearly intended for use in play 
by a child up to and including 36 months of age.; TOYS, GAMES AND SPORTS 
REQUISITES; PARTS AND ACCESSORIES THEREOF (HS 95)  
5. Title, number of pages and language(s) of the notified document:  Review of the 
mandatory standard for toys for children up to and including 36 months - Draft instrument 
(13 page(s), in English)  
6. Description of content:  The mandatory safety standard for toys for children up to and 
including 36 months references certain requirements in the 20 02 edition of the voluntary 
Australian standard. The voluntary Australian standard was updated in 2019, with some 
further minor amendments made in 2020.   
The ACCC  is proposing to make a new mandatory safety standard for toys for children up 
to and includin g 36 months to allow suppliers to comply with the most recent edition of 
the voluntary Australian standard which is the following:  
• Australian/New Zealand Standard (AS/NZS ISO 8124.1:2019 – Part 1: Safety 
aspects related to mechanical and physical properties.   
In addition, the ACCC proposes to allow suppliers to comply with any of the following 
three widely -adopted overseas voluntary standards:  
• International Standard (ISO 8124 -1:2018 Safety of toys – Part 1: Safety 
aspects related to mechanical and  physical properties)  
• European Standard (EN 71 -1:2014+A1:2018 Safety of toys – Part 1: Mechanical 
and physical properties)  
• American Standard (ASTM F963 – 17 Standard consumer safety specification for 
toy safety)  G/TBT/N/AUS/137  
 
- 2 - 
 
  The new safety standard would not impose any  requirements other than those contained 
in these voluntary standards. Allowing compliance with these voluntary standards would 
reduce the current regulatory complexity and duplication for suppliers, thereby reducing 
technical barriers to trade.   
The draft  instrument gives effect to the proposed changes.    
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The current mandatory safety standard was introduced in 2003 to minimise 
the risk of young children choking or suffocating on small parts in toys, therefore 
preventing serious injury or death. The new mandatory safety standard will maintain the 
existing l evel of safety for consumers by reducing the chances of small parts coming off 
toys during play or after reasonable wear and tear, therefore helping to prevent choking, 
suffocation, or death. Referencing the latest edition of the voluntary Australian stand ard 
will ensure suppliers' regulatory obligations remain clear and consistent whilst maintaining 
consumer protections. In addition, referencing overseas standards reduces the regulatory 
burden on suppliers in the form of reduction in administrative, testin g and compliance 
costs where a product already conforms to overseas requirements.; Protection of human 
health or safety; Reducing trade barriers and facilitating trade  
8. Relevant documents:   
Current safety standard - Consumer Protection Notice No 14 of 2003   
Product Safety Australia page - Toys for children up to and including 36 months of age  
The International, European and Australian/New Zealand standards are available for 
purchase from SAI Global . The American Standard is available for purchase from ASTM 
International . 
9. Proposed date of adoption:  The new safety standard would be adopted the day after 
it is registered.  
Proposed date of entry into force:  The new safety standard would provide a 
transitional period (18 months in this case) to allow suppliers to move to the new 
requirements. During the  transitional period suppliers may choose to comply with the new 
standard or the requirements set out in the current safety standard.  
10. Final date for comments:  29 April 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Department of Foreign Affairs and Trade  
Email: tbt.enquiry@dfat.gov.au   
https://members.wto.org/crnattachments/2022/TBT/AUS/22_1811_00_e.pdf