Consumer Goods (Quad Bikes) Amendment Safety Standard 2021

Overview

The Consumer Goods (Quad Bikes) Amendment Safety Standard 2021, enacted to amend the Consumer Goods (Quad Bikes) Safety Standard 2019, aims to refine the safety regulations governing the use of quad bikes in Australia. This amendment was introduced by the Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing, pursuant to section 104 of the Australian Consumer Law, which is part of the Competition and Consumer Act 2010. The primary problem it seeks to address is the reduction of injuries and fatalities associated with the use of quad bikes, particularly through measures that prevent rollovers and ensure consumers are informed about the stability of different models. The Amendment provides a specific exception for general use quad bikes that were ordered by dealers prior to 1 July 2021, allowing these bikes to be supplied to dealers until 31 December 2021 without needing to comply with certain safety requirements. This amendment does not require consultation due to its minor nature and is not subject to disallowance or sunsetting provisions.

Scope and Application

The Consumer Goods (Quad Bikes) Amendment Safety Standard 2021 applies to general use quad bikes, which are defined under the legislation as vehicles that are primarily used for recreational purposes and not for commercial or agricultural activities. The Amendment primarily concerns dealers who buy and sell these vehicles in the course of their business. The Amendment does not apply to quad bikes ordered by dealers before 1 July 2021 if these bikes are not supplied to the dealer after 31 December 2021. This exception is intended to provide a temporary relief for dealers who have already placed orders for quad bikes before the new safety standards were mandated. For quad bikes that do not fall under this exception, the requirements of Part 3 of the Standard must be met from 11 October 2021. The Amendment is a Commonwealth instrument and applies nationally across Australia. It does not extend to state or territory legislation but complements the overarching Australian Consumer Law under the Competition and Consumer Act 2010. The Amendment does not specify any subordinate instruments that would further extend or restrict its application.

Key Provisions

The Consumer Goods (Quad Bikes) Amendment Safety Standard 2021 (the Amendment) introduces changes to the Consumer Goods (Quad Bikes) Safety Standard 2019 (the Standard), specifically targeting the safety of quad bikes to mitigate risks of injury or fatality (section 1). The primary provision of this Amendment, detailed in section 4, is an exception to the application of Part 3 of the Standard for general use quad bikes that were ordered by dealers before 1 July 2021, provided that the order does not stipulate delivery after 31 December 2021. This exception aims to balance the safety requirements with practical considerations for dealers who have already placed orders for quad bikes prior to the amendment's effective date. The Amendment imposes specific obligations on quad bike dealers, as defined in section 4, who must ensure that any general use quad bikes they sell comply with the Standard unless they fall under the exception outlined above. Dealers need to be aware of the order dates and delivery conditions to determine whether their quad bikes must meet the safety requirements set out in Part 3 of the Standard from 11 October 2021. This requirement underscores the importance of accurate record-keeping and communication with suppliers to ensure compliance. In terms of enforcement, the Amendment does not explicitly detail offences, penalties, or consequences for non-compliance within the provided text. However, it operates under the broader framework of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth). Therefore, non-compliance with the safety standards could potentially result in civil or criminal penalties as stipulated by the Australian Consumer Law, including fines and other corrective measures. The exact penalties would depend on the nature and severity of the non-compliance, as well as any additional provisions outlined in related legislation.