The Australian Government issued the new "Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023" on September 4, 2023. This critical update replaces the previous "Consumer Product Safety Standard: Toys for children up to and including 36 months of age (Consumer Protection Notice No. 14 of 2003)," which has been in place since December 2003.

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Transition Period and Compliance Guidelines

To facilitate a smooth transition and provide time for suppliers to align with the new regulations, the government has extended the transition period until March 4, 2025. During this phase, suppliers have the flexibility to adhere to either the 2003 Safety Standard or the updated 2023 Safety Standard.

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Compliance Options:

During the transition, suppliers can choose to comply with any of the following safety standards:

1. the Repealed Safety Standard
2. the Australian/New Zealand Standard and the Electric Toy Standard
3. the European Standard and the Electric Toy Standard
4. the International Standard and the Electric Toy Standard
5. the US Standard and the Electric Toy Standard

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Post-Transition Requirements

After March 4, 2025, compliance with the "Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023" becomes mandatory. In addition, suppliers must meet the requirements of one of the following safety standards:

1. The Australian/New Zealand Standard (AS/NZS ISO 8124.1:2023 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties) and the Electric Toy Standard (AS/NZS 62115:2018), both with variations.
2. The European Standard (EN 71‑1:2014 + A1:2018 Safety of toys – Part 1: Mechanical and physical properties) alongside the Electric Toy Standard, both with variations.
3. The International Standard (ISO 8124‑1:2022 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties) in conjunction with the Electric Toy Standard, both including variations.
4. The US Standard (ASTM F963‑17 Standard Consumer Safety Specification for Toy Safety) along with the Electric Toy Standard, both including variations.

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Scope and Exceptions

The new standards apply to all toys intended for children up to and including 36 months of age, with specific exceptions. These exceptions include:

1. balloons
2. marbles
3. tapes and compact discs
4. books
5. writing materials (including crayons, chalk, pencils, and pens)
6. paints, paint brushes, and other painting implements
7. modeling materials (including clay, plasticine, and playdough)
8. bicycles with a wheelbase of not less than 640mm
9. home and public playground equipment
10. 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
11. flotation toys
12. pacifiers
13. toys made wholly from highly porous material (except toys with pompoms)
14. toys made from closed cell polyethylene, ethylene vinyl acetate or like material which are labeled with a warning that contains the words “NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD”

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Useful links

For a detailed understanding of the new standards, suppliers and interested parties can refer to the official document here.

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The information has been prepared by the GMA Consult Group team.‍

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