Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017

Administered by Department of the Treasury

Legislation au F2017L01560 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Consumer Goods (Motor Vehicle recovery Straps) Safety Standard 2017

Overview

The Commonwealth Minister for Small Business (the Minister) has made a safety standard for motor vehicle recovery straps pursuant to section 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).

The safety standard comes into effect on the day after it is registered on the Federal Register of Legislation. A transitional period of 24 months will apply during which suppliers may supply motor vehicle recovery straps that meet either the previous safety standard or the new safety standard. At the end of the 24 month transitional period suppliers will need to ensure they comply with the new safety standard.

The purpose of the safety standard is to reduce the risk of death and serious injuries resulting from the use of motor vehicle recovery straps. The previous standard was introduced in 2010 due to concerns about the safety of these products.

Since 2003, six Australians have been killed when motor vehicle recovery straps have been used to recover a bogged vehicle. These deaths have occurred when a person has incorrectly attached the motor vehicle recovery strap to a non-prescribed part of a vehicle. As a result incorrect attachment points (such as a tow bar) have sheared from the vehicle and lethally struck either a vehicle occupant or bystander.

Repealed Standard

The previous safety standard for motor vehicle recovery straps was the Trade Practices (Consumer Product Safety Standard) (Motor Vehicle Recovery Straps) Regulations 2010.

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.

Requirements of the safety standard

This safety standard applies to motor vehicle recovery straps.

The safety standard has been updated to amend the warning label and user instructions to include pictograms, instructions for correct use and clearer statements about the hazards associated with incorrect use.

The safety standard includes the following definitions:

gross vehicle mass, for a motor vehicle, means the maximum loaded mass of the vehicle as stated:

(a)   on the compliance plate, registration certificate or build plate for the vehicle; or

(b)   in the handbook for the vehicle; or

(c)    in documentation for the vehicle available from the vehicle’s manufacturer.

minimum breaking strength, for a motor vehicle recovery strap, means the minimum load necessary to cause the strap to fail.

motor vehicle recovery strap means a strap, commonly called a snatch strap, for attaching to a bogged vehicle to tow it clear of the bogged situation.

transitional period means the period of 24 months beginning on the day this instrument commences.

Transitional arrangements

The instrument provides a transitional period of 24 months beginning on the day this instrument commences. During the transitional period suppliers must meet the requirements of either:

  • the Trade Practices (Consumer Product Safety Standard) (Motor Vehicle Recovery Straps) Regulations 2010, or
  • the Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017.

After the transitional period suppliers must meet the requirements of the Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017.

Consultation

The Australian Competition and Consumer Commission (ACCC) published a consultation paper for motor vehicle recovery straps on 23 October 2016 closing on 26 November 2016. The paper detailed three policy options for dealing with the current mandatory safety standard:

Option 1 - Keep the current safety standard (status quo)

Option 2 - Remake the safety standard with improved safety warnings and instructions

Option 3 - Revoke the safety standard.

Eight submissions were received from a range of stakeholders, including an industry association, a motoring association, retailers and suppliers.

All eight stakeholders were in favour of option 2 – to remake the safety standard with improved warnings and instructions.

Stakeholders indicated that including pictograms in the warning label could be achieved at minimal cost provided an adequate transition period was provided.

Disallowance

This legislative instrument is not subject to disallowance due to subsection 44(1) of the Legislation Act 2003.

Commencement

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

Sunsetting

This legislative instrument is exempt from sunsetting. Schedule 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (No. 158, 2015) lists as exempt, instruments made under section 104 or 105 (safety standards) of Schedule 2 (the Australian Consumer Law) to the Competition and Consumer Act 2010.

Regulation impact assessment

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

Overview

The Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017, enacted by the Commonwealth Minister for Small Business, addresses the critical issue of safety risks associated with motor vehicle recovery straps. The legislation was introduced to enhance the safety of these products and reduce the risk of death and serious injury, following six fatalities since 2003 due to incorrect usage of recovery straps. The standard applies to motor vehicle recovery straps and was made pursuant to section 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010. This new standard, which follows a 24-month transitional period, mandates clearer warning labels and user instructions, including pictograms and detailed hazard information, to mitigate the risks of improper use. The transitional period allows suppliers to adjust to the new requirements, ensuring a smoother implementation process.

Scope and Application

The Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017 applies to all motor vehicle recovery straps supplied within Australia, including those produced by manufacturers, importers, and retailers. The safety standard aims to ensure that these straps meet specific safety criteria to prevent the risk of death and serious injury, particularly through the provision of clearer warning labels and user instructions. This standard is implemented under the Australian Consumer Law, which is part of the Competition and Consumer Act 2010 (Cth), indicating its national reach across all states and territories of Australia. During a transitional period of 24 months from the commencement of the safety standard, suppliers can meet either the new or the previous safety requirements, after which compliance with the new standard is mandatory. The Act does not specify exclusions or exemptions but ensures that all motor vehicle recovery straps supplied in Australia must adhere to the new safety criteria to safeguard consumers.

Key Provisions

The Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017 (F2017L01560) sets out the safety requirements for motor vehicle recovery straps, commonly known as snatch straps, under section 104 of the Australian Consumer Law (sections 1, 2). This safety standard was introduced by the Commonwealth Minister for Small Business to mitigate the risks of death and serious injury associated with the use of these products, particularly when they are improperly attached to parts of a vehicle (section 2). The standard applies to motor vehicle recovery straps and includes definitions such as gross vehicle mass, minimum breaking strength, and the transitional period of 24 months (sections 1, 4). The obligations imposed by this safety standard require suppliers to either comply with the previous safety standard or the new standard during the transitional period of 24 months from the commencement of the instrument (section 6). After this period, suppliers must adhere to the new safety standard exclusively (section 6). The safety standard mandates that suppliers must ensure the straps meet the updated warning labels, which include pictograms and clearer instructions about the hazards of incorrect usage, as well as statements about the correct points of attachment (section 5). Failure to comply with this safety standard can lead to enforcement actions by the Australian Competition and Consumer Commission (ACCC), which can include fines and other legal consequences. The penalties for breaches of safety standards under the Australian Consumer Law can be substantial, depending on the nature and extent of the breach. For corporate entities, the maximum penalties can include fines up to $1.5 million for each occurrence of a breach of a safety standard (section 104 of the Competition and Consumer Act 2010). Individuals involved in the breaches may also face personal penalties, including fines and imprisonment. The standard also provides a mechanism for disallowance, though it specifies that this instrument is not subject to disallowance due to the provisions under the Legislation Act 2003 (section 9). The instrument is exempt from sunsetting, meaning it remains in effect indefinitely unless repealed by a subsequent legislative action (section 11). The decision to update the safety standard was informed by stakeholder consultations, where all eight submissions supported the option to remake the safety standard with improved warnings and instructions (section 7).

Legal classification tags

Area of Law
Consumer Law
Product Safety Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Transitional Provisions
Reporting & Disclosure Obligations
Enforcement Powers

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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.