Fair Trading (Phthalates in Toys and Other Articles) Order 2010


Queensland Crest
Fair Trading (Phthalates in Toys and Other Articles) Order 2010
Queensland Fair Trading Act 1989 Fair Trading (Phthalates in Toys and Other Articles) Order 2010 Reprinted as in force on 5 July 2010 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copycopy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 360 s 7
Information about this reprint This order is reprinted as at 5 July 2010. This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Fair Trading (Phthalates in Toys and Other Articles) Order 2010 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Supply of toys and other articles containing excessive phthalates prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 5 6 6
Fair Trading (Phthalates in Toys and Other Articles) Order 2010 [s 1] Fair Trading (Phthalates in Toys and Other Articles) Order 2010 [reprinted as in force on 5 July 2010] 1 Short title This order may be cited as the Fair Trading (Phthalates in Toys and Other Articles) Order 2010 . 2 Supply of toys and other articles containing excessive phthalates prohibited (1) Subject to subsection (2), the supply of the following goods is prohibited under section 85 of the Act— (a) toys; (b) childcare articles, including, for example, dummies, pacifiers, teething rings, teething rails, rattles, bibs, gum soothers and comforting objects; (c) eating vessels and utensils, including, for example, feeding bottles, sip or sucking cups, bowls, plates and cutlery. Note Section 85 of the Act provides for the Minister making orders prohibiting or restricting the supply of goods or services that, in the Minister’s opinion, are likely to cause death or injury or adversely affect the health or wellbeing of a person. Under section 85(5) of the Act, this order expires 18 months after the order commences and may not be renewed. (2) Subsection (1) applies only if the goods— (a) contain, or have a component that contains, more than 1% by weight of the chemical identified by the unique Chemical Abstract Service (CAS) registry number 117-81-7, also known as diethylhexyl phthalate (DEHP), di(2-ethylhexyl) phthalate or bis(2-ethylhexyl) phthalate; and Reprint 1 effective 5 July 2010 Page 3
Fair Trading (Phthalates in Toys and Other Articles) Order 2010 [s 2] Note Chemical Abstract Service (CAS) registry numbers are unique numerical identifiers for chemical elements, compounds, polymers, biological sequences, mixtures and alloys assigned by the Chemical Abstracts Service, a division of the American Chemical Society. Information about the registry numbers is available at <www.cas.org>. (b) are intended for use by children up to and including 36 months of age; and (c) are, or any component of the goods mentioned in paragraph (a) is, readily able to be sucked or chewed by children up to and including 36 months of age. (3) To remove any doubt, this section does not apply if the goods are— (a) clothing or footwear; or (b) sporting goods; or (c) flotation aids and aquatic toys for the specific purpose of assisting a supervised child to float or swim in water; or (d) second-hand goods. Page 4 Reprint 1 effective 5 July 2010
Endnotes Fair Trading (Phthalates in Toys and Other Articles) Order 2010 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Fair Trading (Phthalates in Toys and Other Articles) Order 2010 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 1 effective 5 July 2010 Page 5
Fair Trading (Phthalates in Toys and Other Articles) Order 2010 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 5 July 2010 Notes 5 List of legislation Fair Trading (Phthalates in Toys and Other Articles) Order 2010 SL No. 174 made by the Minister for Tourism and Fair Trading on 16 June 2010 notfd gaz 5 July 2010 pp 1047–8 commenced on date of notification exp 5 January 2012 (see 1989 No. 84 s 85(5)) © State of Queensland 2010 Page 6 Reprint 1 effective 5 July 2010