explanatory STATEMENT
Issued by the Authority of the Parliamentary Secretary to the Treasurer
Competition and Consumer Act 2010
Permanent ban on miniature motorbikes (monkey bikes) with unsafe design features
Background
Prior to 1 January 2011, a notice declaring goods to be unsafe was made pursuant to subsection 65C(5) of the Trade Practices Act 1974 (TPA) in relation to miniature motorbikes (monkey bikes) with unsafe design features.
The Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010 together with the Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010, amended the TPA to implement a new national consumer law regime known as the Australian Consumer Law (ACL).
The TPA was renamed the Competition and Consumer Act 2010 (CCA) on 1 January 2011. The ACL forms Schedule 2 to the CCA.
Schedule 7 of the Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010 sets out the transitional matters relating to the commencement of the ACL. Item 2 of Schedule 7 provides that a notice under subsection 65C(5) of the TPA that was in force immediately before the commencement of the ACL takes effect ‘as if’ it were an interim ban imposed under section 109 of Schedule 2 to the CCA, starting on the day of commencement (1 January 2011). Therefore, an interim ban on miniature motorbikes (monkey bikes) with unsafe design features came into force on 1 January 2011. An interim ban under the ACL exists for a period of 60 days and is able to be extended on two separate occasions by a period of 30 days.
Subsection 114(1) of Schedule 2 to the CCA provides that the Commonwealth Minister may impose a permanent ban on consumer goods of a particular kind if an interim ban exists for those goods, or it appears to the Commonwealth Minister that consumer goods of that kind will or may cause injury to any person or a reasonably foreseeable use (including misuse) of consumer goods will or may cause injury to any person. A permanent ban on miniature motorbikes (monkey bikes) with unsafe design features is imposed pursuant to subsection 114(1)(a) of Schedule 2 to the CCA.
Permanent ban on miniature motorbikes (monkey bikes) with unsafe design features
Monkey bikes are small replicas of popular motorcycles scaled down to about half the size. They are usually powered by petrol driven motors and are capable of speeds of up to 80 km/h. Monkey bikes are different from battery operated ride-on toys, which travel at a walking pace.
Monkey bikes are unsafe and can cause serious injuries if they:
- have unstable structures and mechanical flaws
- lack an emergency stopping device
- lack effective brakes and steering
- lack adequate footholds.
The purpose of the permanent ban on these goods is to ensure ongoing consumer safety by prohibiting the supply of miniature motorbikes (monkey bikes) with unsafe design features. The hazard associated with these goods is that they are capable of speeds of up to 80 km/h and can have weak structures or mechanical flaws that can lead to serious injury to or death of the rider.
Under the CCA, a permanent ban on miniature motorbikes (monkey bikes) with unsafe design features is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA). For the purposes of section 17 of the LIA, consultation has been undertaken both at the time the notice was made under subsection 65C(5) of the TPA and also in January 2011 when the proposed ban notice was published on the internet in accordance with subsection 132(3) of Part XI to the CCA. There are no known suppliers of these banned goods.
This instrument is subject to sunsetting under Part 6 of the LIA. Unless action is taken to defer or exempt it from sunsetting, it is expected to sunset on 1 April 2021. This estimate assumes it is registered on or before 31 March 2011.