{"id":"F2016L00357","name":"Australian Consumer Law Imposition of Interim Ban on Hoverboards that do not meet Specific Safety Requirements","slug":"australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94325,"registerId":"commonwealth-F2016L00357-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Consumer Law Imposition of Interim Ban on Hoverboards that do not meet Specific Safety Requirements","content":"COMMONWEALTH OF AUSTRALIA\n\nCOMPETITION AND CONSUMER ACT 2010\n\nConsumer Protection Notice No. 3 of 2016\n\nIMPOSITION OF INTERIM BAN ON HOVERBOARDS that do not meet SPECIFIC safety requirements\n\nI, Kelly O’Dwyer, Minister for Small Business and Assistant Treasurer, pursuant to section 109(1)(a) of the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010, impose an interim ban on consumer goods of a kind specified below, because it appears to me that these goods, or a reasonably foreseeable use of these goods, may cause injury to any person.\n\nThis Notice commences on the day after it is registered on the Federal Register of Legislation.\n\nThe effect of this Notice is to ban the supply of such consumer goods for a period of 60 days from the day after this Notice is registered on the Federal Register of Legislation.\n\nParticulars of Consumer Goods\n\nHoverboards that do not meet:\n\n(a) The following International Electrotechnical Commission (IEC) standards :\n\n1.  for batteries, as specified in 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 (IEC 62133); and\n2.  for battery control systems preventing electrical appliances from attaining excessive temperatures in normal use, as specified in section 11 as amended by Annex B, of IEC 60335-1 Edition 5.1 2013-12 Household and similar Electrical Appliances - Safety - Part 1: General Requirements (IEC 60335-1) or as specified in section 11 as amended by Annex B, of AS/NZS 60335.1:2011 (incorporating amendment Nos 1, 2 and 3); and\n3.  for battery control systems preventing abnormal operation of electrical appliances, as specified in section 19, as amended by Annex B, of IEC 60335-1 Edition 5.1 2013-12 Household and similar Electrical Appliances - Safety - Part 1: General Requirements or as specified in section 19, as amended by Annex B, of AS/NZS 60335.1:2011 (incorporating amendment Nos 1, 2 and 3);\n\nOR\n\n(b) the requirements for:\n\n1.  Fuses as specified in section 11 of the Underwriters Laboratories Inc. (UL) document UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters (UL 2272)\n2.  Protective circuits and safety analysis as specified in sub-sections 15.1, 15.2, 15.3, 15.4 and 15.5 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters\n3.  Cells as specified in section 16 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters\n4.  Overcharging as specified in section 23 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters\n5.  Short circuit protection as specified in section 24 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters\n6.  Temperature control as specified in section 26 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters\n7.  Cell imbalanced charging as specified in section 27 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters\n\nInterpretation:\n\nHoverboards are:\n\n(a) two-wheeled ride-on devices with:\n\n    a single axle; and\n2.  no steering grips or handlebars;\n\n(b) powered by a lithium-ion battery that is rechargeable via connection to a mains power supply.\n\nHoverboards are also known as self-balancing scooters, gliders, smart boards, sky walkers or mod boards.\n\nNote: Goods subject to this Notice and which fail to comply may be subject to compulsory recall.\n\nDated this 18 day of March 2016\n\nKELLY O’DWYER\n\nMinister for Small Business and Assistant Treasurer","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Notice itself limits scope to hoverboards that fail to meet the specified IEC or UL safety requirements and imposes a 60‑day interim supply ban. The text contains no internal indication that the scope was broadened or narrowed from any prior instrument; it defines the targeted goods and the temporary measure within the Notice."},"complexity_factors":["Multiple external technical standards are incorporated by reference (IEC 62133; IEC 60335‑1; UL 2272), requiring technical testing or certification to determine compliance (Particulars of Consumer Goods).","The definition of covered goods is narrowly phrased and technical — 'two-wheeled ride-on devices with a single axle; and no steering grips or handlebars; powered by a lithium-ion battery' — which affects which products are captured (Interpretation).","Short, fixed interim timeframe (ban on supply 'for a period of 60 days from the day after this Notice is registered'), creating a temporary compliance window and potential regulatory sequencing issues (Effect clause).","Ministerial discretion and low evidentiary threshold: power used 'pursuant to section 109(1)(a) ... because it appears to me ... may cause injury', concentrating decision authority in the Minister (opening paragraph).","Recall exposure: goods that fail to comply 'may be subject to compulsory recall', adding potential direct costs to suppliers/importers/retailers (Note).","Operational commencement tied to registration ('commences on the day after it is registered on the Federal Register of Legislation'), requiring attention to administrative timing (commencement clause).","Enforcement and compliance burden are practical and technical: suppliers must demonstrate conformity to external standards or stop supply; the Notice does not specify testing procedures, certification bodies, or dispute-resolution steps (Particulars/Effect).","Cross-jurisdictional standard references and updates (IEC/UL documents) can introduce ambiguity if cited editions are amended or replaced, requiring interpretation of which version applies (Particulars)."],"plain_english_summary":"**This Notice imposes a 60‑day interim ban on supplying hoverboards that do not meet specified IEC or UL battery and electrical-safety requirements.**\n\nIt applies to manufacturers, importers, distributors and retailers of two‑wheeled, handle‑free, rechargeable lithium‑ion hoverboards because the Minister found such goods, or foreseeable uses, may cause injury; non‑compliant products can be removed from sale and may be recalled."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Consumer Protection Notice serves its original intended purpose as an interim safety measure under section 109(1)(a) of the Australian Consumer Law. It targets a specific product category (hoverboards) during a specific safety crisis (battery fires) for a limited time period (60 days). The scope remains tightly focused on electrical safety requirements for self-balancing scooters and has not expanded beyond this original consumer protection intent."},"complexity_factors":["Heavy reliance on external technical standards (IEC 62133, IEC 60335-1, AS/NZS 60335.1, UL 2272) rather than drafting specifications directly into the legislation","Alternative compliance pathways (Option A OR Option B) creating a choice of regulatory regimes","Specific section references to external documents (e.g., 'section 11 as amended by Annex B') requiring cross-referencing","Defined term 'Hoverboards' with four alternative names listed","Brief duration (60 days) creating time-bound conditional effect"],"plain_english_summary":"This instrument imposes a 60-day temporary ban on selling two-wheeled, battery-powered hoverboards (no handlebars) that do not meet specified electrical safety standards. It stops retailers, suppliers and consumers from trading in unsafe units while forcing manufacturers to comply with IEC or UL battery/charging protections. Adopted as an emergency measure under Australian Consumer Law, the ban aims to prevent fires, explosions, injuries and property damage pending permanent safety rules."}},"importantCases":[],"_links":{"self":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re","history":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re/history","analysis":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re/analysis","conflicts":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re/conflicts","importantCases":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re/important-cases","documents":"/api/acts/australian-consumer-law-imposition-of-interim-ban-on-hoverboards-that-do-not-meet-specific-safety-re/documents"}}