Document ID: chunk:federal_register_of_legislation:F2024L00891:reg:5
Version: federal_register_of_legislation:F2024L00891
Segment Type: reg
Provision Reference: reg 5
Character Range: 3739–5162

5  Application

General rule
 (1) This instrument applies to infant sleep products.

Exceptions
 (2) Despite subsection (1), this instrument does not apply to the following:
 (a) an accessory that attaches to, or is used with, an infant sleep product;
 (b) a product that is regulated by any other safety standard that is in force for products of that kind;
 (c) a product that is regulated by an information standard (other than the Consumer Goods (Infant Products) Information Standard 2024) that is in force for products of that kind;
 (d) a product that is not supplied, or offered for supply, as an infant sleep product and does not purport that it is suitable for infant sleep, even if an infant may fall asleep when using the product (other than a product that is an antique or collectable cot);
 (e) a medical device (within the meaning of the Therapeutic Goods Act 1989);
 (f) a product designed to carry an infant on the body of another person.

Second‑hand goods
 (3) Despite subsection (1) and subject to subsections (4) and (5), this instrument does not apply to second‑hand goods.
 (4) This instrument applies in relation to a second‑hand good that is an infant sleep product if:
 (a) it has been imported into Australia; and
 (b) when it was imported, it was second‑hand.
 (5) This instrument applies in relation to a second‑hand good that is an infant sleep product if it is an antique or collectable cot.