Trade Practices Act 1974 - Consumer Protection Notice No. 9 of 1990 - Consumer Product Safety Standard: Protective Helmets for Motor Cyclists

Overview

The Trade Practices Act 1974 was enacted to regulate and promote fair competition and consumer protection within Australia. One of its key objectives is to ensure that consumer products meet certain safety standards. In response to identified gaps in the safety standards for motor cyclist helmets, Consumer Protection Notice No. 9 was issued. This notice, declared by Michael Carter Tate, the Minister of State for Justice and Consumer Affairs, revokes the previous safety standard for motor cyclist helmets that was published in 1986 and introduces a new safety standard. The policy objective is to enhance the safety of motor cyclists by updating and varying the existing Australian Standard 1698-1988 to ensure that protective helmets meet the necessary safety requirements. This legislative instrument is designed to improve consumer protection by ensuring that motor cyclist helmets comply with updated and specific safety standards, thereby reducing the risk of injury in the event of an accident.

Scope and Application

The Trade Practices Act 1974, through Consumer Protection Notice No.9, outlines specific safety standards for protective helmets for motor cyclists. This legislation applies to all goods classified as protective helmets for motor cyclists, ensuring that these products meet the specified safety standards. The standard referenced in the notice is Australian Standard 1698-1988, with certain variations as detailed in the Schedule, such as the correction of a reference and the deletion of a specific clause. This Act has a nationwide reach across Australia, imposing obligations on manufacturers, suppliers, and importers to comply with the declared safety standards to protect consumers. The scope of this legislation extends to all entities involved in the production, supply, and importation of motor cyclist protective helmets, ensuring consumer safety through adherence to the prescribed standards.

Key Provisions

The Trade Practices Act 1974 Consumer Product Safety Standard, under Consumer Protection Notice No.9, specifically targets protective helmets for motorcyclists (sections a and b). This notice revokes the previous standard published in Gazette No. S221 of 19 May 1986 and establishes a new standard for helmets designed to protect motorcyclists. The revised standard, detailed in Division 2 of the Schedule, is Australian Standard 1698-1988, 'Protective Helmets for Vehicle Users', published by the Standards Association of Australia on 9 May 1988. This standard is adjusted as per the variations outlined in Division 3, which include the replacement of 'AS 1609' with 'AS 1609-1981' in clause 4.4 and the deletion of clause 8(g). The obligations imposed by this legislation require manufacturers, importers, and suppliers of protective helmets for motorcyclists to adhere to the newly specified standard. They must ensure that their products comply with Australian Standard 1698-1988, as varied, to be legally marketed and sold in Australia. This includes maintaining records and documentation that demonstrate compliance with the standard, and making these available upon request by relevant authorities. Any non-compliance with these obligations can lead to legal consequences. Breaches of the consumer product safety standards under the Trade Practices Act 1974 can result in various civil and criminal penalties. For corporations, the maximum penalty can include fines up to $1.1 million, while individuals may face penalties up to $220,000, depending on the severity and nature of the breach. Additionally, repeat offenders or those found to have caused harm or significant risk to consumers may face even more stringent penalties. The seriousness of the offence and the intent behind the breach are critical factors in determining the appropriate penalty. The legislation aims to ensure that protective helmets for motorcyclists meet necessary safety standards to protect consumers from injury.