Commonwealth Coat of Arms of Australia

 

Consumer Goods (Infant Products) Information Standard 2024

I, Stephen Jones, Assistant Treasurer and Minister for Financial Services, make the following information standard.

Dated 15 July 2024

Stephen Jones

Assistant Treasurer
Minister for Financial Services

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Application

5 Definitions

Part 2—Information standard for infant products

Division 1—General requirements

6 Information to be provided with infant products

7 Markings required for infant products

Division 2—Warnings

8 Warnings on infant products

9 Warnings on packaging of infant products

10 Warnings to be displayed online or in store

Part 1Preliminary

 

1  Name

  This instrument is the Consumer Goods (Infant Products) Information Standard 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after the end of the period of 18 months beginning on the day the Consumer Goods (Infant Sleep Products) Safety Standard 2024 commences.

19 January 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 134(1) of the Australian Consumer Law.

Note: The reference to the Australian Consumer Law is a reference to Schedule 2 to the Competition and Consumer Act 2010 as it applies as a law of the Commonwealth, States and Territories: see section 140K of that Act and corresponding provisions of Acts of States and Territories applying that Schedule.

4  Application

 (1) This instrument applies to infant products.

 (2) However, this instrument does not apply to the following:

 (a) an accessory that attaches to, or is used with, an infant product;

 (b) a product that is regulated by any other information standard that is in force for products of that kind;

 (c) a product that is regulated by any safety standard (other than the Consumer Goods (Infant Sleep Products) Safety Standard 2024) that is in force for products of that kind;

 (d) a medical device (within the meaning of the Therapeutic Goods Act 1989);

 (e) a product designed to carry an infant on the body of another person.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Australian Consumer Law, including information standard and safety standard.

  In this instrument:

electronic platform means a service that enables a business to supply, or offer to supply, goods or services to consumers over the internet (whether by a website, an online marketplace or other means, and whether operated by that business or another business).

inclined nonsleep product means a product that:

 (a) is designed, intended, marketed, supplied, or offered for supply, for use by an infant; and

 (b) has a surface on which an infant may lay; and

 (c) when used, may position the infant’s head above the horizontal; and

 (d) 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.

infant, in relation to an infant product, means:

 (a) a person under the age of 12 months; or

 (b) a person over the age of 12 months that might reasonably use the product.

infant product means:

 (a) an infant sleep product; or

 (b) an inclined nonsleep product.

infant sleep product:

 (a) means a product that:

 (i) is designed, intended, marketed, supplied, or offered for supply, for use as a sleeping facility for an infant or for use as a facility to soothe or settle an infant; and

 (ii) has a surface on which an infant may lay; and

 (b) includes a product that is designed to convert to an infant sleep product.

retail premises means premises in which consumer goods are displayed for retail sale to consumers.

Part 2Information standard for infant products

Division 1General requirements

6  Information to be provided with infant products

 (1) Information relating to the safe use of an infant product must be supplied with the product.

 (2) The information must appear in text and include the following:

 (a) if the product is not supplied fully assembled:

 (i) instructions on how to assemble the product; and

 (ii) a list of the product’s parts;

 (b) if the product can be folded or collapsed without disassembly—instructions on how to fold or collapse the product and the reverse;

 (c) if the product is designed to be used with a mattress—the dimensions of the mattress recommended by the manufacturer;

 (d) if the height of the product is adjustable—instructions on how to adjust the height of the product;

 (e) a warning that consists of the words “WARNING: check this product regularly before using it, and do not use it if any part is loose or missing or if there are any signs of damage. Do not substitute parts. Contact the manufacturer if replacement parts or additional instructions are needed”;

 (f) the warning required under section 8 to be marked on the product;

 (g) all other relevant information (if any) that relates to the safe use and maintenance of the product.

7  Markings required for infant products

  An infant product must be clearly and permanently marked with:

 (a) if the product is manufactured in Australia or New Zealand:

 (i) the manufacturer’s name and address; or

 (ii) the manufacturer’s trade mark and address; or

 (b) if the product is not manufactured in Australia or New Zealand:

 (i) the product’s country of origin; and

 (ii) the Australian importer or distributor’s name.

Division 2Warnings

8  Warnings on infant products

Warnings required for infant products

 (1) An infant product must be marked with a warning. The warning must:

 (a) appear in text; and

 (b) be clearly visible, prominent and legible; and

 (c) be durable and permanently affixed to the infant product.

 (2) The warning must include the following:

 (a) the alert word “WARNING” with the letters of the alert word in upper case;

 (b) an internationally recognised safety alert symbol that consists of a triangle that is at least 6 millimetres high and has an exclamation mark inside it.

 (3) The warning must include statements to the following effect:

 (a) infant should be placed to sleep on a firm, flat surface;

 (b) place infant on their back when using this product;

 (c) do not put objects or accessories in an infant’s sleep environment;

 (d) do not place this product near a blind, cord, strap or similar item that could become wrapped around an infant’s neck.

Additional statements for inclined nonsleep products

 (4) If the infant product is an inclined nonsleep product, the warning must also include statements to the following effect:

 (a) do not use this product for infant sleep;

 (b) do not leave infant in this product unsupervised.

9  Warnings on packaging of infant products

Warnings for packaging material

 (1) If packaging is supplied with an infant product, the external packaging of the product must be marked with the warning required under section 8 to be marked on the product. The warning must be clearly visible without the packaging being opened.

Warnings for plastic packaging material

 (2) If plastic packaging or wrapping is supplied with an infant product, the plastic packaging or wrapping of the product must be marked with a warning.

 (3) The warning must:

 (a) appear in text; and

 (b) be clearly visible, prominent and legible; and

 (c) be durable and permanently affixed to the plastic packaging or wrapping.

 (4) The warning must include the following:

 (a) the alert word “WARNING” with the letters of the alert word in upper case;

 (b) an internationally recognised safety alert symbol that consists of a triangle that is at least 6 millimetres high and has an exclamation mark inside it;

 (c) a statement that consists of the words “TO AVOID DANGER OF SUFFOCATION TO BABIES AND CHILDREN, DISPOSE OF PLASTIC PACKAGING IMMEDIATELY”.

10  Warnings to be displayed online or in store

 (1) If a person:

 (a) carries on a business that supplies an infant product; and

 (b) uses an electronic platform to offer for supply the infant product to consumers;

the person must cause the warning that is required under section 8 to be marked on the product to also be visibly, prominently and legibly included in the infant product’s description provided on the platform.

 (2) If a person:

 (a) carries on a business that supplies an infant product; and

 (b) uses a retail premises to offer for supply the infant product to consumers; and

 (c) displays the infant product at the retail premises;

the person must cause the warning that is required under section 8 to be marked on the product to also be visibly, prominently and legibly displayed on or near the infant product on display.

Note: For example, the warning could be in the form of:

(a) a hang or swing tag attached to the infant product; or

(b) a placard placed on top of or near to the infant product.