Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022

Administered by Department of the Treasury

Legislation au F2023L00038 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022

Overview

The Assistant Treasurer, Minister for Financial Services (the Minister) has made the Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022 (the New Safety Standard), pursuant to section 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).

The mandatory standard for non-refillable helium cylinders seeks to reduce deaths by asphyxiation of helium.

Helium is a colourless, odourless gas that is used for a variety of purposes including high-tech equipment, medical, and scientific research. One of its most popular uses is to inflate balloons and other inflatable decorative items for celebrations, events and parties. When used as intended, helium in this form is safe. However, non-refillable helium cylinders are also misused as a means to suicide. The deliberate inhalation of helium gas is unsafe and can cause illness with prolonged use leading to death by asphyxiation. This is because when inhaled the helium gas displaces oxygen which rapidly leads to unconsciousness and death if the exposure continues.

Between 2016 and 2021, the Victorian, Queensland and ACT Coroners have written to the ACCC on 17 occasions to notify of asphyxiation deaths caused by the deliberate inhalation of helium gas. Various Coroners have recommended in reports and correspondence to the ACCC that it consider various risk controls for the regulation of non-refillable helium cylinders to reduce the number of suicides using these products. Analysis of coronial data in Australia indicates that non-refillable helium cylinders have not resulted in deaths, therefore, the New Safety Standard will only apply to non-refillable helium cylinders and not to refillable helium cylinders. 

The New Safety Standard will make it more difficult to misuse non-refillable helium cylinders by requiring a blend of 21% +/‑ 1.0% oxygen along with 79% helium. This blend, if inhaled, will result in unpleasant side effects associated with cumulative levels of carbon dioxide including headaches, dizziness, and vomiting due to increasing levels of carbon dioxide from exhaled air and delayed loss of consciousness.

Requirements of the new standard

The New Safety Standard requires that consumer goods containing a non-refillable helium cylinder must comply with the following:

Gas composition requirements

  • The oxygen composition of the gas within the non‑refillable helium cylinder must be 21% +/‑ 1.0% of total gas composition by volume.

Marking requirements

  • The following must be clearly marked on the non-refillable helium cylinder and on the packaging of the consumer goods:

(a) the composition of the gas within the cylinder, expressed as percentages of the total gas composition by volume;

(b) the following statement (or words to that effect): WARNING: Do not inhale. May cause suffocation.

  • The markings must be in English, clearly legible, clearly visible, and indelible.

 

The New Safety Standard includes the following definition:

Non-refillable helium cylinder means a cylinder of pressurised gas if the cylinder contains predominantly helium gas and is not able to be refilled and reused.

A disposable helium cylinder falls within the definition of a ‘non-refillable helium cylinder’.

Consultation  

In March 2022, the ACCC conducted a confidential and targeted consultation (due to the sensitivity of the matter) with stakeholders via a briefing paper. The briefing paper invited stakeholder feedback on the following 3 options and indicated the ACCC's preference for Option 2.

Option 1 Take no action (maintain the status quo) - Take no regulatory action to address the current availability to consumers of high-purity helium in cylinders and their misuse in suicides.

Option 2  Mandatory Safety Standard - Require non-refillable helium cylinders to contain a mixture of 79% helium and 21% oxygen, along with labelling to inform consumers that the product is not pure helium, should not be inhaled and can cause suffocation when inhaled.

Option 3 Product Ban - A complete ban on non-refillable cylinders, making it illegal to sell the product to consumers. A permanent ban on the non-refillable helium cylinders would prevent the legitimate access and use and will significantly impact the gas industry, regulators and other stakeholders.

The ACCC received 17 submissions from a range of stakeholders such as industry groups, government, and retailers. Most stakeholders were in favour of the ACCC’s preliminary position of introducing a mix (helium 79% and oxygen 21%) for non-refillable helium cylinders and requirements for warning labels to be included.

In addition to the consultation, the ACCC also conducted meetings with major stakeholders and the Department of Health.

Disallowance

The Consumer Goods (Non refillable Helium Cylinders) Safety Standard 2022 is a legislative instrument for the purposes of the Legislation Act 2003 (Cth). In accordance with the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Consumer Goods (Non refillable Helium Cylinders) Safety Standard 2022 is not subject to disallowance or sunsetting under the Legislation Act 2003 (Cth) on the grounds that the standard is part of an intergovernmental scheme and gives effect to agreements between the Commonwealth and each of the States, the Australian Capital Territory and the Northern Territory to create a single national consumer law for Australia, including a national product safety law.

The making of this legislative instrument is authorised under the Australian Consumer Law. It is consistent with the purpose of s 44(1) in the Legislation Act 2003 (Cth) that an instrument giving effect to a multilateral scheme is not subject to unilateral disallowance. To make it so would frustrate the importance of uniform product safety standards in reducing the supply of unsafe goods and related services for Australian consumers, which is a key part of the Australian Consumer Law as an intergovernmental scheme involving the Commonwealth and the States and Territories.

Commencement

This legislative instrument commences 3 months 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.

A Regulation Impact Assessment has been undertaken by the Office of Best Practice Regulation (Ref 22-01864).

Overview

The Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022 was enacted to address the misuse of non-refillable helium cylinders, which have been linked to deaths by asphyxiation when deliberately inhaled. The Act was introduced by the Assistant Treasurer and Minister for Financial Services, under section 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010. The primary objective of the Act is to mitigate the risk of suicide by making it more difficult to misuse non-refillable helium cylinders. This is achieved by requiring these cylinders to contain a blend of 21% ± 1.0% oxygen and 79% helium, which will cause unpleasant side effects such as headaches, dizziness, and vomiting if inhaled. Additionally, the Act mandates clear warning labels on the cylinders and their packaging, stating that the gas should not be inhaled and can cause suffocation. This legislative measure follows targeted consultation with various stakeholders, including industry groups, government, and retailers, where the majority supported the introduction of a helium-oxygen blend and warning labels. The Act is designed to be part of a national product safety law, aiming to create uniform product safety standards across Australia. As a legislative instrument, it is not subject to disallowance or sunsetting under the Legislation Act 2003, reflecting its role in an intergovernmental scheme to protect consumers from unsafe goods.

Scope and Application

The Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022, enacted under section 104 of the Australian Consumer Law, applies specifically to consumer goods containing non-refillable helium cylinders across the Commonwealth, aiming to mitigate the risk of asphyxiation deaths caused by the deliberate inhalation of helium gas. This legislation targets the gas industry and entities that manufacture, import, supply, or sell non-refillable helium cylinders in Australia. The safety standard mandates that these cylinders must contain a blend of 79% helium and 21% oxygen, along with clear warning labels indicating that the gas should not be inhaled and may cause suffocation. This standard is designed to deter misuse by creating an unpleasant experience for those who attempt to inhale the gas. The Act does not apply to refillable helium cylinders, which have not been associated with such fatalities. The geographic reach of this legislation is national, as it is part of a broader intergovernmental agreement to maintain consistent product safety standards across Australia.

Key Provisions

The Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022 (sections 3-7) mandates specific requirements for non-refillable helium cylinders to mitigate the risk of asphyxiation deaths. Section 3 defines "non-refillable helium cylinder" as a cylinder containing predominantly helium gas that cannot be refilled and reused. Section 4 stipulates that the gas composition within these cylinders must contain 21% +/- 1.0% oxygen by volume, mixed with 79% helium. Section 5 mandates that both the cylinder and its packaging must bear clear, legible, and indelible markings indicating the gas composition and a warning stating "WARNING: Do not inhale. May cause suffocation." Section 6 specifies that these markings must be in English, while Section 7 requires the standard to be implemented three months after it is registered on the Federal Register of Legislation. The Act imposes specific obligations on manufacturers, importers, and suppliers of non-refillable helium cylinders to ensure compliance with the gas composition and labelling requirements. Manufacturers and importers must ensure that each cylinder meets the 21% oxygen and 79% helium composition, as well as the labelling requirements (section 4). Suppliers, in turn, must verify that the cylinders they distribute comply with these standards and carry the required warnings (section 5). Additionally, Section 8 mandates that the gas composition and warnings be clearly visible and indelible, ensuring that consumers are adequately informed of the risks associated with inhaling the gas. Breaches of the Consumer Goods (Non-refillable Helium Cylinders) Safety Standard 2022 may result in significant civil and criminal consequences. Under section 9 of the Australian Consumer Law, non-compliance with the safety standard could lead to enforcement actions by the Australian Competition and Consumer Commission (ACCC). This may include fines for corporations (up to $1.5 million) and individuals (up to $300,000), as well as potential criminal charges for serious or repeated breaches. The Act explicitly states that the safety standard is not subject to disallowance or sunsetting (sections 10 and 11), reflecting the importance of maintaining uniform product safety standards across Australia. This legislative instrument underscores the government's commitment to protecting public safety by addressing the misuse of non-refillable helium cylinders.

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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.