Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999 1999 No. 230
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 230
Issued by the Authority of the Minister for Financial Services and Regulation
Trade Practices Act 1974
Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999
Authority
Section 172 of the Trade Practices Act 1974 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 65C(1) of the Act provides that a corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, if the goods are of a kind in respect of which there is a prescribed consumer product safety standard and which do not comply with that standard.
Subsection 65C(2) of the Act provides that a regulation may, in respect of goods of a particular kind, prescribe a consumer product safety standard as is reasonably necessary to prevent or reduce risk of injury to any person.
Purpose
The purpose of these Regulations is to set minimum safety requirements relating to the testing and performance of protective helmets for pedal cyclists. This is in line with the principles established by the Council of Australian Governments (COAG). The Standard sets the minimum performance requirements necessary for meeting the safety needs of the cyclist. The new mandatory standard will adopt the Australian/New Zealand Standard AS/NZS, 2063:1996 'Pedal cycle helmets' and the 1995 Standard for Protective Headgear for use with Bicycles developed by the United States Snell Memorial Foundation "Snell B95".
The proposed Regulations would come into effect on 31 October 1999 and will call up the previous Australian Standard, AS 2063.2-1990 until the end of 31 August 2001 to allow current stocks of helmets to be sold and give industry time to adjust.
Further details on the proposed Regulations are Attachment A.
A Regulation Impact Statement is attached.
The Minute recommends that the Regulations be made in the form proposed.
Authority: Section 172 and Sub Section 65C(2) of the Trade Practices Act 1974.
Attachment A
DETAILS OF THE PROPOSED REGULATIONS
Details of the proposed Regulations are as follows:
Regulation 1 determines the name of the Regulations to be the Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999.
Regulation 2 determines the commencement date of the Regulations as 31 October 1999.
Regulation 3 determines the purpose of the Regulations as setting out the consumer product safety standard for bicycle helmets.
Regulation 4 revokes the previous consumer product safety standards for protective helmets for pedal cyclists published in the Gazette on 9 August 1989 and 20 February 1992.
Regulation 5 provides that these Regulations apply to protective helmets for pedal cyclists, but do not apply to helmets, which are for reason of size, design or uses inappropriate to be used as protective helmets
Regulation 6 provides that until the end of 31 August 2001 the standard for protective helmets for pedal cyclists shall include the previous Australian Standards AS2063.1 - 1986 and AS 2063.2-1990, as well as the new Standard AS/NZS 2063:1996 'Pedal cycle helmets' and the Snell B95 Standard.
Regulation 7 provides that for the period. from 1 September 2001 until the end of 31 August 2006, the standard for protective helmets shall only be the new Standard AS/NZS 2063:1996 'Pedal cycle helmets' and the Snell B95 Standard.
Schedule 1 Part 1 contains the reference to Australian Standard AS 2063.1 - 1986, Lightweight protective helmets (for use in pedal cycling, horse riding and other activities requiring similar protection) Part 1 - Basic Performance Requirements.
Schedule 1 Part 2 [1] inserts the meaning of helmet and positioning index in AS 2063.1 - 1986.
Schedule 1 Part 2 [2] inserts a requirement that a helmet when tested shall be conditioned to one of the conditioning procedures for ambient temperature, low temperature, high temperature and water immersion.
Schedule 1 Part 3 contains the reference to Australian Standard AS 2663.2 - 1990, Lightweight protective helmets (for use in pedal cycling, horse riding and other activities requiring similar protection) Part 2: Helmets for Pedal Cyclists.
Schedule 1 Part 4 varies AS 2063.2 - 1990 by omitting Clause 1 and 8 note; and providing basic performance requirements for helmets for pedal cyclists, other than BMX helmets. This change reflects the adoption of the new standards.
Schedule 1 Part 4 retains the existing provisions for BMX Helmets, being helmets designed and constructed principally for use by cyclists engaged in BMX competition racing.
Schedule 2 Part 1 contains the reference to Australian/ New Zealand Standard AS/NZS 2063:1996 Pedal cycle helmets.
Schedule 2 Part 2 varies AS/NZS 2063:1996 by omitting Clause 1, Clause 7.6, Clause 8.1 (e) and "or load distribution (Clause 7.6)" in Clause 7.1.2 (a). This change reflects the adoption of the new standards.
Schedule 2 Part 2 inserts a provision that BMX Helmets need not comply with provisions regarding ventilation openings or type testing.
Schedule 2 Part 2 provides that for the purpose of the impact energy attenuation test the helmets shall be tested at four sites above the test line defined in AS/NZS 2512.1 of 1996. This change reflects the adoption of the new standards.
Schedule 3 contains the reference to the 1995 Standard for Protective Headgear for Use with Bicycles by the Snell Memorial Foundation of the United States of America.