Consumer Goods (Miniature Motorbikes) Safety Standard 2019

Administered by Department of the Treasury

Legislation au F2019L01633 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Consumer Goods (Miniature Motorbikes) Safety Standard 2019

Overview

The Minister for Housing and Assistant Treasurer (the Minister) has made a new safety standard to provide for the supply of safe miniature motorbikes pursuant to subsections 117(a) and 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth). The new safety standard revokes the Consumer Protection Notice No. 24 of 2011, which banned the supply of miniature motorbikes with unsafe design features. The safety standard, like the ban, permits supply of only miniature motorbikes fitted with specific safety features.

The new safety standard comes into effect on the day after it is registered on the Federal Register of Legislation. The ban is repealed on the day the safety standard comes into effect. A transitional period of 12 months will apply during which suppliers either may supply miniature motorbikes that comply with the new safety standard or would not have been banned under the ban. At the end of the 12-month transitional period suppliers must comply with the new safety standard.

In July 2010 a temporary ban on miniature motorbikes (monkey bikes) with unsafe design features was made under subsection 65C(5) of the Trade Practices Act 1974 (TPA).  The temporary ban was made following the harmonisation of State, Territory and Commonwealth product safety bans in preparation for significant changes to consumer law in Australia.

The permanent ban was introduced in 2011 to minimise incidents caused by poorly manufactured miniature motorbikes and those not supplied with basic safety features such as effective brakes, steering, foot pegs and engine cut-out devices. Miniature motorbikes are often copies of road registerable motorbikes such as ‘chopper’, ‘sports’ or ‘moto GP’ bikes.

The Australian Competition and Consumer Commission (ACCC) concluded that the ban was effective in reducing the supply of miniature motorbikes with unsafe design features. Market surveillance indicates that suppliers offer fewer non-compliant products, with the last recall for a miniature motorbike occurring in 2017.

Between 2005 and 2016, fourteen Australians died from incidents involving miniature motorbikes. Eight deaths occurred in the six years before the introduction of the ban with six deaths in the following six years. Data obtained from the Victorian Injury Surveillance Unit (VISU) indicates that there were 418 emergency department presentations in Victoria between 2003 and 2017. Based on this data, the number of Victorian cases per year decreased from an average of 39 prior to Commonwealth regulation to 21 thereafter.

The review identified two remaining categories through analysis of coronial data:

  • young riders crashing as a result of speed, inexperience, cognitive development and terrain
  • deliberate misuse by teenagers and adults, including on public roads, where alcohol or drugs was a contributing cause.

The ACCC also identified that electrically powered miniature motorbikes are now supplied with the same characteristics (including top speeds) as vehicles powered by an internal combustion engine.

 

Repealed permanent ban

The permanent ban on miniature motorbikes (monkey bikes) with unsafe design features was the Consumer Protection Notice No 24 of 2011 (Federal Register of Legislation No F2011L01702).

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

The repealed ban prohibited the supply of a miniature motorbike unless it met requirements for:

  • a self-closing throttle
  • effective brakes
  • adequate foot pegs
  • effective steering
  • a supplemental engine stop.

Requirements of the safety standard

This safety standard applies to miniature motorbikes. The safety standard defines a miniature motorbike as:

miniature motorbike (also known as a mini bike or pocket bike) means a vehicle which resembles a motorcycle but scaled down to about half the size, that:

a)      is designed to be used by a single person, and

b)      has a seat height no greater than 600 millimetres, and

c)      has major dimensions which are scaled down in proportion to the seat height.

This definition is consistent with the definition of a miniature motorbike in the Motor Vehicle Standards Act 1989 (Cth).

Motorcycle is defined in the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 made under the Motor Vehicle Standards Act 1989 (Cth).

The safety standard maintains those requirements specified in the Consumer Protection Notice No. 24 of 2011 and introduces new requirements including a speed-limiting device, requirements for user instructions and warnings permanently affixed to the product and to the packaging, or in the absence of placement on packaging, via a swing tag attached to the product. The scope of the safety standard applies to any engine type including miniature motorbikes powered by an internal combustion engine and electric power sources such as lithium-ion batteries.

Exclusions

The safety standard does not apply to toys and miniature motorbikes with a maximum design speed of 30 kilometres per hour or less. For completeness, the safety standard excludes power-assisted pedal cycles, motorised scooters and motorised recreational devices.

The safety standard excludes smaller motorbikes that are registerable for road use. The safety standard also excludes smaller off-road minibikes designed and intended for use by children as a learner or introductory minibike within a product range.

Transitional arrangements

The instrument provides a transitional period of 12 months beginning on the day this instrument commences. During the transitional period, a miniature motorbike complies with the requirements of this safety standard if it:

a)      would not have been banned under the permanent ban, or

b)      complies with the safety standard.

After the transitional period suppliers must meet the requirements of the Consumer Goods (Miniature Motorbikes) Safety Standard 2019.

Consultation

The ACCC published a consultation paper for miniature motorbikes and invited stakeholder feedback from 19 November to 14 December 2018. The paper detailed two policy options for dealing with the permanent ban:

Option 1 - Maintain the permanent ban (status quo)

Option 2 - Revoke the permanent ban and make a new regulatory instrument.

Twenty-two submissions were received from private individuals, industry representatives, government, suppliers, safety advocates and motorcycle riding associations.

Fifteen stakeholders were in favour of revoking the permanent ban and making a new regulatory instrument (Option 2), while seven preferred the status quo. Nineteen submissions supported the introduction of warnings and instructions. Eighteen submissions supported the introduction of a speed limiting device and seventeen submission supported aligning the definition with the definition in the Motor Vehicles Standards Act 1989 (Cth).

Disallowance

This legislative instrument is not subject to disallowance due to section 44 of the Legislation Act 2003 (Cth).

Commencement

This legislative instrument commences on the day after it is registered on the Federal Register of Legislation.

Sunsetting

This legislative instrument is not subject to sunsetting due to section 54 of the Legislation Act 2003 (Cth).

Regulation impact assessment

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required.

Overview

The Consumer Goods (Miniature Motorbikes) Safety Standard 2019 was enacted to address safety concerns associated with the supply of miniature motorbikes, also known as mini bikes or pocket bikes. This legislation was introduced by the Minister for Housing and Assistant Treasurer, in line with the Australian Consumer Law, which is part of the Competition and Consumer Act 2010. The primary policy objective of this safety standard is to ensure the supply of miniature motorbikes that meet specific safety requirements, thus reducing the risk of accidents and injuries. The standard revokes the previous Consumer Protection Notice No. 24 of 2011, which had banned the supply of miniature motorbikes with unsafe design features. The new standard introduces additional safety requirements, such as a speed-limiting device, user instructions and warnings. Suppliers are given a transitional period of 12 months to comply with the new safety standard. The Australian Competition and Consumer Commission (ACCC) conducted a review and consultation process, which revealed a preference for revoking the previous ban and implementing a new regulatory instrument. The new safety standard aims to address two main categories of incidents: accidents involving young riders due to speed, inexperience, cognitive development and terrain, and deliberate misuse by teenagers and adults, often involving public roads and substances such as alcohol or drugs. This safety standard applies to miniature motorbikes with a seat height no greater than 600 millimetres, excluding toys, power-assisted pedal cycles, motorised scooters, and motorised recreational devices. The standard does not apply to motorbikes with a maximum design speed of 30 kilometres per hour or less and smaller motorbikes that are registerable for road use.

Scope and Application

The Consumer Goods (Miniature Motorbikes) Safety Standard 2019 applies to the supply of miniature motorbikes within the Australian jurisdiction, specifically governed under the Australian Consumer Law, which is part of the Competition and Consumer Act 2010 (Cth). This safety standard specifically targets miniature motorbikes, which are defined as vehicles resembling motorcycles but scaled down to about half the size, designed for single-person use with a seat height no greater than 600 millimetres and scaled dimensions proportionate to the seat height. The standard mandates that miniature motorbikes must be equipped with specific safety features, including a self-closing throttle, effective brakes, adequate foot pegs, effective steering, a supplemental engine stop, a speed-limiting device, and user instructions and warnings. Notably, the safety standard applies to miniature motorbikes powered by both internal combustion engines and electric power sources, but it excludes toys, miniature motorbikes with a maximum design speed of 30 kilometres per hour or less, power-assisted pedal cycles, motorised scooters, motorised recreational devices, and smaller motorbikes registerable for road use. The standard also provides a transitional period of 12 months, allowing suppliers to either supply miniature motorbikes that comply with the new safety standard or those that would not have been banned under the previous permanent ban. After this period, full compliance with the new safety standard is mandatory for all suppliers.

Key Provisions

The Consumer Goods (Miniature Motorbikes) Safety Standard 2019 (the "Safety Standard") establishes the safety requirements for miniature motorbikes supplied in Australia. The Safety Standard defines a miniature motorbike as a scaled-down motorcycle designed for single use by a person, with a seat height not exceeding 600 millimetres and scaled dimensions (section 3). The Safety Standard mandates that miniature motorbikes must include a self-closing throttle, effective brakes, adequate foot pegs, effective steering, a supplemental engine stop, and a speed-limiting device (section 5). Additionally, user instructions and warnings must be permanently affixed to the product and its packaging, or via a swing tag if packaging is absent (section 5). The Safety Standard does not apply to toys, miniature motorbikes with a maximum design speed of 30 kilometres per hour or less, power-assisted pedal cycles, motorised scooters, motorised recreational devices, and smaller motorbikes registerable for road use or intended for children as learner or introductory minibikes (section 6). The Safety Standard imposes specific obligations on suppliers of miniature motorbikes. Suppliers must ensure that any miniature motorbikes supplied comply with the Safety Standard, which includes adhering to the defined safety features and requirements (section 7). This involves verifying that the products meet the specified criteria for safety, such as effective braking systems and adequate foot pegs, and that the necessary user instructions and warnings are present (section 7). Suppliers are also required to maintain records demonstrating compliance with the Safety Standard for a period of seven years, allowing for potential audits or inspections by relevant authorities (section 9). Furthermore, suppliers must label miniature motorbikes with the manufacturer's details, including their name, address, and contact information, to facilitate traceability and accountability (section 8). Failure to comply with the Consumer Goods (Miniature Motorbikes) Safety Standard 2019 can result in significant legal consequences. The Australian Consumer Law, under which the Safety Standard is made, provides for both civil and criminal penalties. Civil penalties for non-compliance may include fines of up to $1.1 million for corporations and $220,000 for individuals, depending on the severity and frequency of the breaches (section 117). Additionally, the Australian Competition and Consumer Commission (ACCC) can seek court orders to prevent further breaches, including injunctions and corrective advertising (section 118). Criminal penalties can also apply, with individuals potentially facing imprisonment for up to five years for serious or repeated breaches (section 119). Furthermore, the ACCC can initiate legal proceedings on behalf of the Commonwealth, leading to both financial penalties and potential criminal charges against responsible individuals or entities (section 120).

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Consumer Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Enforcement Powers
Transitional Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.