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No fun and games for toy store fined for selling banned goods

11 September 2017

A Gold Coast business has been fined by the Southport Magistrates Court today (11 September 2017) for selling unsafe toys, following an Office of Fair Trading (OFT) investigation.

BB Toyman Ptd Ltd, trading as My Toys and Hobbies in Carrara, pleaded guilty to one charge of supplying goods that do not comply with safety standards, and was fined $10,800. A conviction was recorded against the business.

The court heard OFT inspectors observed a projectile toy known as a ‘Fun Crossbow’ offered for sale at a stall at the Carrara Markets in May 2016. Officers seized samples of the toy from the stall, which was run by BB Toyman, for testing.

Further testing by the OFT revealed the ‘Fun Crossbow’ failed the mandatory safety standard for projectile toys.

The ‘Fun Crossbow’ is a lightweight toy that shoots suction tipped plastic darts propelled by an internal mechanism.

In sentencing, the court considered the power of the toy and the danger it posed to the eyes of children as well as the lack of effort by the trader to ensure the crossbow complied with safety standards, after prior warning was given by the OFT. The court also took into consideration BB Toyman’s successful removal of non-compliant items in the past.

Fair Trading Executive Director Brian Bauer said it was crucial toy retailers did their research to ensure all products being sold met required safety standards.

“Mandatory safety standards apply to products with known safety hazards, to reduce those risks and make them safer for consumers,” Mr Bauer said.

“These are goods which can cause significant harm to the user or those around them.

“Ignorance of a safety obligation is not an excuse for traders or suppliers.

“It is illegal for traders to sell any product that doesn't meet a mandatory safety standard in Australia.

“Significant penalties apply for the sale of banned products, or if any trader is found to be in breach of mandatory Australian safety standards.”

OFT inspectors proactively spot check wholesalers, retailers, and importers of goods as well as investigate complaints about unsafe goods.

Traders can find information on toy safety standards and product bans at www.productsafety.gov.au.

Any toys suspected of being unsafe can be reported to the OFT at www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).

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Last updated
11 September 2017
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