Permanent Ban on Miniature Motorbikes (Monkey Bikes) with Unsafe Design Features Repeal Notice 2019

Overview

The Explanatory Statement for the Permanent Ban on Miniature Motorbikes (Monkey Bikes) with Unsafe Design Features Repeal Notice 2019 outlines the repeal of the 2011 permanent ban on miniature motorbikes with unsafe design features, which was enacted under the Australian Consumer Law (ACL) as Schedule 2 to the Competition and Consumer Act 2010. The repeal was introduced by the Minister for Housing and Assistant Treasurer to address the existing safety concerns and to establish a new safety standard for miniature motorbikes. The Consumer Goods (Miniature Motorbikes) Safety Standard 2019 was introduced to replace the previous ban, maintaining the key safety requirements while incorporating additional safety features such as a speed-limiting device, warnings, and instructions. This legislative instrument was enacted by the Parliament of Australia and aims to ensure the safety of miniature motorbikes through updated regulatory standards. The repeal and new standard commenced on 18 December 2019, following stakeholder consultations and submissions.

Scope and Application

The Explanatory Statement for the Permanent Ban on Miniature Motorbikes (Monkey Bikes) with Unsafe Design Features Repeal Notice 2019 outlines the repeal of the existing permanent ban on miniature motorbikes with unsafe design features, which was previously enacted under the Australian Consumer Law (ACL) as part of Schedule 2 to the Competition and Consumer Act 2010. This repeal is to be replaced by the Consumer Goods (Miniature Motorbikes) Safety Standard 2019, which introduces new safety requirements. The new safety standard applies to miniature motorbikes, defined as vehicles resembling motorcycles but scaled down to about half the size, designed for single use, with a seat height no greater than 600 millimetres, and with major dimensions scaled down proportionately. This definition aligns with that provided in the Motor Vehicle Standards Act 1989. The repeal and new safety standard apply to all miniature motorbikes supplied within Australia, impacting suppliers, manufacturers, and importers within the industry. The transitional period allows for a 12-month adjustment period for compliance with the new standard, after which full compliance is required. The Act does not specify any exclusions or exemptions, and any further implementation or modifications to the application of the safety standard may be addressed through subordinate instruments, which would be subject to the same legislative framework.

Key Provisions

The Explanatory Statement for the Permanent Ban on Miniature Motorbikes (Monkey Bikes) with Unsafe Design Features Repeal Notice 2019 provides a detailed overview of the changes to the legislative framework governing the supply of miniature motorbikes in Australia. Under the repealed permanent ban, as outlined in section 33(3) of the Acts Interpretation Act 1901 (Cth), miniature motorbikes could not be supplied unless they met specific requirements including a self-closing throttle, effective brakes, adequate foot pegs, effective steering, and a supplemental engine stop. These requirements are now replaced by the Consumer Goods (Miniature Motorbikes) Safety Standard 2019, which incorporates the previous safety standards and adds new requirements for a speed-limiting device, as well as warnings and instructions. The definition of a miniature motorbike in the new safety standard aligns with that in the Motor Vehicle Standards Act 1989 (Cth), specifying that these vehicles are designed for single use, have a seat height no greater than 600 millimetres, and are scaled down proportionately. The new safety standard imposes several obligations on suppliers. During the transitional period of 12 months, miniature motorbikes must either not have been banned under the previous permanent ban or comply with the new safety standard. After this period, all miniature motorbikes supplied must comply with the Consumer Goods (Miniature Motorbikes) Safety Standard 2019. This includes ensuring the motorbike has a speed-limiting device, appropriate warnings and instructions, and meets the previously required safety standards. Suppliers must also ensure that any new miniature motorbikes supplied after the transition period adhere to these new requirements. Failure to comply with the Consumer Goods (Miniature Motorbikes) Safety Standard 2019 can result in legal consequences. Although the Explanatory Statement does not specify particular offences or penalties, under the Australian Consumer Law (ACL), contraventions of safety standards can lead to significant penalties. These penalties can include fines of up to $1.1 million for corporations and up to $220,000 for individuals, depending on the severity and nature of the breach. In addition to financial penalties, suppliers may also face injunctions, product recalls, and other enforcement actions by the Australian Competition and Consumer Commission (ACCC). The new safety standard aims to enhance the safety of miniature motorbikes and protect consumers, particularly children, from potential harm.