Important information regarding small high-powered magnets in Australia

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Hi everyone,

I'm Katrina on the Policy team.  At the request of the Australian Competition and Consumer Commission (ACCC), we’re sharing the below information regarding the sale of small high-powered magnets in Australia. 

If you sell items on Etsy containing small high powered magnets to Australia, please read the message from the ACCC below as it contains important information about your legal responsibilities. If you’d like any further information, you can contact the ACCC directly via the Product Safety Australia website enquiry form.  

We know ensuring your items comply with relevant regulations can be complex, and while we can’t give specific advice, we seek to empower you with resources to help you understand your obligations.  Though these regulations apply to Australia, keep in mind there may be similar requirements for locations.  If you have specific questions about whether your item meets legal requirements, we urge you to speak to a qualified professional, such as an attorney.  

Message from the ACCC below:

Permanent ban on small high powered magnets

In accordance with the Australian Consumer Law, certain types of small high powered magnets are illegal to sell in Australia or to people in Australia as this product is banned from sale. The Consumer Protection Notice No.5 of 2012 sets out the requirements of the ban. 

The product ban aims to reduce the risk of a child being injured or killed from swallowing these magnets. The ban applies to magnets of a certain size, with a magnetic flux of 50 or more and marketed or supplied as a toy, game or puzzle, part of a construction or modeling set or jewelry to be worn in or around the mouth or nose. 

Since you may be selling these products online, you should check that they are not included in the product ban. There is further information on toys (including small high powered magnets) available on the ACCC Product Safety website in several languages, Chinese simplified and traditional, Vietnamese and Japanese: Toys – Australian mandatory safety standard.

What action should suppliers take?

If any of your products are included in the product ban or do not comply with other Australian laws, you should remove them from the Etsy platform immediately or change the listing so that it can no longer be supplied in Australia. Failure to do so may result in recalls, legal action and/or significant penalties.  As this alert is informational and not advice, we urge you to speak to a qualified professional, such as an attorney, if you have specific questions about whether your item meets overall legal requirements.  

Where can I find further product safety information?

The ACCC's Product Safety Australia website contains detailed information about Australia's product safety system. There is also a dedicated resource which the ACCC has developed for online sellers. Please use the resources available to confirm that your product meets Australian product safety laws. You can also subscribe on the website to receive product safety updates from the ACCC.  If you would like further information or clarification, you can contact the ACCC directly via the Product Safety Australia website enquiry form.