Consumer Goods (Products Containing Button/Coin Batteries) Amendment Safety Standard 2022

Overview

The Consumer Goods (Button/Coin Batteries) Amendment Safety Standard 2022 and the Consumer Goods (Products Containing Button/Coin Batteries) Amendment Safety Standard 2022 were enacted to refine and update the safety standards set forth in the Consumer Goods (Button/Coin Batteries) Safety Standard 2020 and the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020 respectively. These amendments were introduced to address specific gaps in the existing legislation aimed at mitigating the risk of serious injury or death from children accessing button/coin batteries from packaging or products. The purpose of these amendments is to further protect children by ensuring that all relevant products meet stringent safety criteria. Enacted by the Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing under section 104 of the Australian Consumer Law, the objective is to ensure that the standards are effectively updated to keep pace with technological advancements and to provide comprehensive safety measures for consumer goods containing button/coin batteries.

Scope and Application

The Consumer Goods (Button/Coin Batteries) Amendment Safety Standard 2022 and the Consumer Goods (Products Containing Button/Coin Batteries) Amendment Safety Standard 2022 apply to the safety standards for button/coin batteries and products containing such batteries, respectively, with a focus on mitigating risks to children. These amendments apply nationally across Australia, extending the scope of hearing aids to include cochlear and bone conduction implants, which are now exempt from certain safety requirements. The amendments also refine the definition of applicable button/coin batteries and adjust the testing criteria for child-resistant packaging, aligning with the Primary Batteries Standard. The instruments do not require consultation, are not subject to disallowance, and have no sunset provisions. They commence upon registration on the Federal Register of Legislation.

Key Provisions

The Consumer Goods (Button/Coin Batteries) Amendment Safety Standard 2022 and the Consumer Goods (Products Containing Button/Coin Batteries) Amendment Safety Standard 2022 primarily amend the definitions and testing criteria in the existing safety standards concerning button/coin batteries. Section 4 of the Amendment Safety Standard 2022 updates the definition of 'hearing aids' to include 'medical electrical equipment which picks up sound and delivers processed sound for human hearing', thereby covering devices such as cochlear and bone conduction implants. Section 5 of the Amendment Safety Standard 2022 amends the definition of 'applicable button/coin batteries' to exclude non-lithium batteries that have a height greater than their diameter. Section 6 of the Amendment Safety Standard 2022 modifies the testing criteria for child-resistant packaging of button batteries, incorporating Annex E of the Primary Batteries Standard into sections 7(2) and 7(3) for reclosable and non-reclosable packaging, respectively, and aligning section 8(1) with these annex requirements for blister packaging. These legislative instruments impose specific obligations on manufacturers, importers, and suppliers of products containing button/coin batteries. They must ensure that their products comply with the amended definitions and testing criteria to prevent the risk of serious injury to children. For instance, manufacturers need to ensure that packaging for button/coin batteries is resistant to being opened by young children, as specified in section 7 of the Consumer Goods (Button/Coin Batteries) Safety Standard 2020. Additionally, products containing button/coin batteries must adhere to the updated definition of hearing aids to determine their exemption status under the safety standards. Failure to comply with the amended safety standards could result in significant legal consequences. While specific offences and penalties are not detailed in the explanatory statement, non-compliance with the Australian Consumer Law, under which these standards operate, can lead to civil or criminal penalties. Civil penalties can include substantial fines up to $1.1 million for corporations and $220,000 for individuals, as stipulated in section 232 of the Competition and Consumer Act 2010. Additionally, criminal penalties may apply, with potential fines and imprisonment for individuals found guilty of breaches, as outlined in sections 270 and 271 of the Competition and Consumer Act 2010.