Document ID: chunk:federal_register_of_legislation:F2023L01185:reg:6
Version: federal_register_of_legislation:F2023L01185
Segment Type: reg
Provision Reference: reg 6
Character Range: 6148–7849

6  Application of this instrument
 (1) This instrument applies to consumer goods that are children's toys.
 (2) A children's toy is an object that is manufactured, designed, labelled or marketed as a plaything for a child up to and including 36 months of age.
 (3) However, this instrument does not apply to the following:
 (a) balloons;
 (b) marbles;
 (c) tapes and compact discs;
 (d) books;
 (e) writing materials (including crayons, chalk, pencils and pens);
 (f) paints, paint brushes and other painting implements;
 (g) modelling materials (including clay, plasticine and play dough);
 (h) bicycles with a wheelbase of not less than 640mm;
 (i) home and public playground equipment;
 (j) goods supplied wholly or partially unassembled for assembly by an adult after supply if, were the goods to be assembled in accordance with instructions, the assembled goods would comply with Part 2;
 (k) flotation toys;
 (l) pacifiers;
 (m) toys made wholly from highly porous material (except toys with pompoms);
 (n) toys made from closed cell polyethylene, ethylene vinyl acetate or like material which are labelled with a warning that:
 (i) is clearly visible, prominent and legible; and
 (ii) is in a conspicuous position on the toy or, if the toy is displayed in packaging for retail sale, on a principal outer display face of the packaging in which the toy is displayed; and
 (iii) contains the word "WARNING" in red upper case letters that are at least 5mm high and on a white background; and
 (iv) contains the words "NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD" in red upper case letters that are at least 2.5mm high and on a white background.