News & Insights

The Federal Government has recently updated the mandatory safety standard for projectile toys, which is designed to reduce the serious risk of eye injuries or choking to children.

Notably, the Consumer Goods (Projectile Toys) Safety Standard 2020 applies to projectile toys that are:

1. supplied new;
2. designed or clearly intended for use in play by children under 14 years; and
3. capable of launching a projectile.

Projectile toys commonly include bow and arrow sets and toy guns, but there are also more seemingly innocuous toys that are also captured by the standard (such as ball poppers and science games).

what has been changed?

A major change implemented by the updated safety standard is that suppliers can now choose to comply with either the latest Australian/New Zealand voluntary standard, or alternatively, a listed overseas standard.

This change will provide Australian suppliers with greater flexibility in designing and manufacturing products that meet requisite safety standards. It is further predicted to save Australian businesses up to $6.75 million per year, as a result of reduced compliance costs and greater access to global markets.

Specifically, projectile toys must comply with one of the following standards:

• the Australian/New Zealand Standard (AS/NZS 8124.1:2019),
• the European Standard (EN 71-1:2014+A1:2018);
• the American Society for Testing and Materials Standard (ASTM F963-17); or
• The International Standard (ISO 8124.1:2018)

Each of the above standards regulate the design and construction of projectile toys. For example, they generally impose:

• the maximum force at which a projectile can be launched;
• protective measures to reduce skin puncture hazards;
• size requirements for projectiles; and
• features to prevent improvised projectiles from being launched in a hazardous manner.

Depending on the particular toy, there may also be requirements around ‘warnings’ that must be displayed on packaging and instructions.

when do the changes come into effect?

The standard provides for a 12-month transition period. Accordingly, until 12 June 2021, suppliers can comply with either:

• the Consumer Protection Notice No. 16 of 2010 (Consumer Product Safety Standard for Children’s Projectile Toys) (the repealed safety standard); or
• the Consumer Goods (Projectile Toys) Safety Standard 2020 (the updated safety standard).

After this 12-month period, all suppliers will be required to comply with the updated safety standard.

The safety standard for projectile toys applies to a broad and wide-ranging definition of products, including items that you wouldn’t necessarily expect. If your business is developing or selling a new toy product that falls outside your normal product range, you may have obligations under this safety standard.

If you are interested in advice on how the safety standard might apply to your products, or how the changes might benefit you, please contact a member of our Commercial (Trade) team.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.