Sale of Hazardous Goods (Monkey Bikes) Order 2006 (TAS)

The Products Safety Committee issued the Sale of Hazardous Goods (Monkey Bikes) Order 2006 under the Sale of Hazardous Goods Act 1977. The dispute involved the regulation of the sale of scaled-down working motorcycles, commonly referred to as monkey bikes, mini bikes, or pocket bikes, which are powered by internal combustion engines but are not intended for certification under the Road Vehicles Certification System operated by the Commonwealth Department of Transport and Regional Services. The committee sought to impose specific safety specifications for the sale of these vehicles.

The legal issues before the committee included whether the proposed restrictions on the sale of monkey bikes were necessary to ensure public safety and whether the specifications outlined in the order were reasonable and enforceable under the Sale of Hazardous Goods Act 1977. The committee had to balance the safety requirements with the practicality of implementing these regulations in the market.

The Products Safety Committee determined that the sale of monkey bikes should be subject to specific safety specifications to mitigate potential risks associated with their use. The committee concluded that the specifications outlined in the order were necessary to ensure the safe operation of these vehicles. The specifications included requirements for the accelerator, braking systems, foot pegs, steering, and supplemental engine stop. The order was made to ensure that monkey bikes sold in the market met these safety standards, thereby protecting users from potential hazards.

The final orders mandated that a person must not sell a monkey bike unless it complies with the specifications in Schedule 1 of the Sale of Hazardous Goods (Monkey Bikes) Order 2006. This included detailed requirements for the accelerator, braking systems, foot pegs, steering, and supplemental engine stop to ensure that these vehicles are safe for use.