Australian Consumer Law Imposition of Interim Ban on Hoverboards that do not meet Specific Safety Requirements

COMMONWEALTH OF AUSTRALIA

COMPETITION AND CONSUMER ACT 2010

Consumer Protection Notice No. 3 of 2016

IMPOSITION OF INTERIM BAN ON HOVERBOARDS that do not meet SPECIFIC safety requirements

I, 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.

This Notice commences on the day after it is registered on the Federal Register of Legislation.

The 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.

Particulars of Consumer Goods

Hoverboards that do not meet:

(a) The following International Electrotechnical Commission (IEC) standards :

1. 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
2. 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
3. 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);

OR

(b) the requirements for:

1. 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)
2. 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
3. Cells as specified in section 16 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters
4. Overcharging as specified in section 23 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters
5. Short circuit protection as specified in section 24 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters
6. Temperature control as specified in section 26 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters
7. Cell imbalanced charging as specified in section 27 of UL 2272 – Outline of Investigation for Electrical Systems for Self-balancing Scooters

Interpretation:

Hoverboards are:

(a) two-wheeled ride-on devices with:

a single axle; and

2. no steering grips or handlebars;

(b) powered by a lithium-ion battery that is rechargeable via connection to a mains power supply.

Hoverboards are also known as self-balancing scooters, gliders, smart boards, sky walkers or mod boards.

Note: Goods subject to this Notice and which fail to comply may be subject to compulsory recall.

Dated this 18 day of March 2016

KELLY O’DWYER

Minister for Small Business and Assistant Treasurer