EXPLANATORY STATEMENT
Consumer Goods (Self-balancing Scooters) Amendment Safety Standard 2019
Overview
The Assistant Treasurer (the Minister) has amended the safety standard for self-balancing scooters, pursuant to section 104 of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).
This instrument amends the Consumer Goods (Self-balancing Scooters) Safety Standard 2018.
The purpose of this amendment is to extend the repeal date of the safety standard by 24 months to 16 July 2021, and to update references to voluntary standards cited in the safety standard.
Background
The purpose of the safety standard is to reduce the risk of injury and death that may occur from house fires caused by self-balancing scooters igniting during or after charging. Low quality lithium-ion batteries are prone to ‘thermal runaway’ which is a complex combination of chemical reactions and/or electrical shorting inside the cell that are initiated by excessive heat, causing an electrical fire. The amendment does not alter the minimum level of safety required by the safety standard.
The safety standard was introduced to address a regulatory gap that exists in some state and territory electrical safety regimes, which do not regulate extra-low voltage electrical products including self-balancing scooters. The amendment provides additional time for those states and territories to make appropriate amendments to their regulatory frameworks to regulate products powered by an extra-low voltage power source.
The amendment
This legislative instrument amends the Consumer Goods (Self-balancing Scooters) Safety Standard 2018 to:
- extend the operation of the safety standard by 24 months to 16 July 2021
- update references to the relevant sections of UL 2272 ‑ Standard for Electrical Systems for Personal E‑Mobility Devices
- permits compliance with IEC 62133-2:2017 Secondary cells and batteries containing alkaline or other non-acid electrolytes – Safety requirements for portable sealed secondary cells, and for batteries made from them, for use in portable application – Part 2: Lithium systems in place of the withdrawn standard IEC 62133 Edition 2.0 2012-12 Secondary cells and batteries containing alkaline or other non-acid electrolytes – Safety requirements for portable sealed secondary cells, and for batteries made from them, for use in portable applications.
Access to international standards
Where practicable, product safety legislative instruments only reference extrinsic material that is readily accessible for free to the public. However, as in the current case, many product safety legislative instruments need to incorporate extrinsic technical standards over which certain bodies have copyright. The IEC 62133-2:2017 standard referenced in this instrument is available for purchase at the IEC’s website (https://webstore.iec.ch). The UL 2272 standard referenced in this instrument is available for purchase at the Underwriters Laboratories Inc website (https://standardscatalog.ul.com) and SAI Global’s website (https://www.saiglobal.com).
The Australian Competition and Consumer Commission (ACCC) can also make a copy of these standards available for viewing at one of its offices, subject to licensing conditions.
Consultation
Consultation was not required due to the administrative nature of the amendment. The ACCC has notified stakeholders of the amendment to the safety standard.
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.
Period of effect
This legislative instrument ends on 16 July 2021.
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 (Self-balancing Scooters) Amendment Safety Standard 2019, enacted by the Assistant Treasurer under the authority granted by section 104 of the Competition and Consumer Act 2010, was introduced to amend the safety standards for self-balancing scooters. This amendment was necessary to address a regulatory gap in state and territory electrical safety regimes that do not regulate extra-low voltage electrical products, such as self-balancing scooters. The primary objective of this amendment is to extend the repeal date of the original safety standard by 24 months to 16 July 2021, thereby providing additional time for states and territories to update their regulatory frameworks. Furthermore, the amendment ensures that references to voluntary standards within the safety standard are current and compliant with international safety requirements. The overall aim is to reduce the risk of injury and death from fires caused by the ignition of lithium-ion batteries during or after charging.
Scope and Application
The Consumer Goods (Self-balancing Scooters) Amendment Safety Standard 2019 extends the operation of the Consumer Goods (Self-balancing Scooters) Safety Standard 2018 by 24 months, effective until 16 July 2021, to provide additional time for state and territory regulators to address any regulatory gaps in their own frameworks. The amendment is aimed at ensuring that self-balancing scooters, which are powered by an extra-low voltage power source, meet minimum safety standards to prevent injuries and house fires caused by thermal runaway in lithium-ion batteries. The safety standard applies to all self-balancing scooters within the Commonwealth jurisdiction, though it may also indirectly influence state and territory regulations if they do not already adequately cover these products. The amendment updates references to relevant international standards and permits compliance with newer versions of those standards in place of withdrawn ones, without altering the minimum level of safety required. The legislative instrument is not subject to disallowance or sunsetting provisions, and consultation was deemed unnecessary due to its administrative nature.
Key Provisions
The key provisions of the Consumer Goods (Self-balancing Scooters) Amendment Safety Standard 2019 (F2019L00569) amend the existing Consumer Goods (Self-balancing Scooters) Safety Standard 2018. The primary changes include extending the safety standard's operation by 24 months to 16 July 2021, updating references to voluntary standards, and allowing compliance with a new international standard in place of a withdrawn one. Specifically, Section 3(1) of the instrument extends the repeal date of the safety standard, Section 3(2) updates references to the UL 2272 standard, and Section 3(3) permits compliance with IEC 62133-2:2017 instead of the withdrawn IEC 62133 Edition 2.0 2012-12. These amendments aim to ensure continued safety regulation of self-balancing scooters until 16 July 2021, providing additional time for state and territory governments to update their own regulations.
The obligations imposed by this Act are primarily concerned with maintaining safety standards for self-balancing scooters. Manufacturers, importers, and retailers of self-balancing scooters must ensure their products comply with the updated safety standard until 16 July 2021. This includes adhering to the new references to the UL 2272 standard and permitting compliance with the IEC 62133-2:2017 standard. Additionally, parties must ensure that the scooters do not pose a risk of injury or fire due to the quality of lithium-ion batteries used. This ongoing compliance is crucial to protect consumers from potential hazards associated with these products.
In terms of breaches and consequences, the Consumer Goods (Self-balancing Scooters) Amendment Safety Standard 2019 does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance within the explanatory statement provided. However, under the Competition and Consumer Act 2010, non-compliance with safety standards can lead to significant legal repercussions. Offences under this Act can result in fines, with maximum penalties varying based on the nature and severity of the breach. For example, corporations can face fines up to $1.65 million for serious or repeated breaches, while individuals can face fines up to $330,000 and imprisonment for up to five years for more severe offences. The Australian Competition and Consumer Commission (ACCC) plays a pivotal role in enforcing these standards and can take legal action against non-compliant entities.