NSW will impose strict new standards on lithium-ion battery powered e-bikes, e-scooters and similar products as it pursues a national approach to low quality products.
Lithium-ion battery related fires, including those caused by low quality batteries in e-mobility devices, are the fastest growing cause of fires in NSW.
In response to growing demand for these products and increased community risk from poor-quality versions, sellers of devices like e-bikes or e-scooters in NSW will soon face penalties of up to $825,000 if they do not meet the strict new standards.
This nation-leading move follows the rapid growth in the demand for e-mobility devices and in the number of fires caused by lithium-ion batteries in NSW. The number of e-mobility devices sold to NSW consumers in 2022 increased 322 per cent compared to 2020.
Since January 1, Fire and Rescue NSW has attended 54 fires related to e-scooter, e-bikes, e-skateboards or hoverboards, including one that resulted in two fatalities.
While NSW is putting in place product safety standards, a national approach is needed.
The NSW Government will formally request the regulation of these products be placed on the national agenda for the next federal and state Consumer Ministers Network meeting, with the Minister for Better Regulation and Fair Trading writing to all Consumer Affairs Ministers across the country.
From 1 February 2025 NSW Fair Trading will require e-bikes, e-scooters, hoverboards and e-skateboards to meet new product standards. New testing, certification and labelling requirements will be introduced in a staged process.
The NSW Fair Trading Commissioner has declared lithium-ion battery powered e-bikes, e-scooters, e-skateboards and hoverboards as well as their batteries and chargers as 'declared electrical articles' under the Gas and Electricity (Consumer Safety) Act 2017 (the G&E Act).
Under the declaration, products sold in NSW will need to meet a set of internationally accepted product standards and be appropriately tested and certified before they enter the market.
The introduction of the new standards follows consultation with industry, peak bodies, manufacturers, retailers and consumer groups, as well as NSW and Australian Government agencies.
The requirements are part of a suite of measures the NSW Government is implementing to improve safety for customers as the uptake of these technologies accelerates.
In June, Environment Minister's from across the country met to expedite work on model legislation to improve the design, packaging, importation, storage and disposal of batteries.
This product stewardship scheme will focus on protecting human safety and health as well as the environment from the potential harms of batteries.
The NSW Environment Protection Authority is working with Victoria and Queensland to urgently progress this work. This work will complement the strong action that NSW Fair Trading is taking. To support the change, NSW Fair Trading has also started a consumer education campaign explaining how these products should be used, highlighting unsafe charging practices and other factors that may cause fires.
Each of the new standards being applied to lithium-ion battery powered e-bikes, e-scooters, e-skateboards and hoverboards can be viewed in full on the Fair Trading website: https://www.nsw.gov.au/housing-and-construction/safety-home/electrical-safety/lithium-ion-battery-safety/new-safety-standards-for-lithium-ion-batteries-e-mobility-devices
Minister for Fair Trading and Better Regulation Anoulack Chanthivong said:
"We're acting ahead of other jurisdictions because unregulated products are posing a huge risk to property and in some cases, lives.
"Our action to ensure these products meet strict safety criteria will help save lives and protect property.
"NSW Fair Trading has worked with a wide range of stakeholders to get this done as quickly as possible."
NSW Fair Trading Commissioner, Natasha Mann said:
"As the risk of fires related to e-bikes and e-scooters continues to rise, these new rules are critical to saving lives and protecting consumers and their property from dangerous products.
"NSW Fair Trading has worked hard to bring these new rules into effect, by engaging with key stakeholders from industry, government and peak bodies both in the state and nationally.
"As we work towards the final stage of the implementation of these product standards, NSW Fair Trading will be actively monitoring and carrying out compliance activities to ensure traders and manufacturers get on board."
NRMA Director of Policy and Public Affairs, Robert Giltinan said:
"The NRMA has been deeply concerned by the increasing number of fires caused by lithium-ion batteries in e-bikes and e-scooters, posing significant risks to users and the public.
"We commend the NSW Government for working with stakeholders and for taking decisive action to implement stringent product standards, testing protocols and certification requirements to enhance safety.
"It is crucial that these measures be adopted nationally, and we fully support the NSW Government's initiative to place this regulation on the national agenda to create a unified approach across Australia."
Bicycle Industries Australia General Manager, Peter Bourke said:
"E-bikes and e-scooters are fantastic mobility solutions for many people in NSW, improving health, reducing congestion and harmful tailpipe emissions, in many cases, they are faster to get to work and school and most importantly they are fun.
"The vast majority of products on the market are safe, utilising similar battery cells to laptops and phones and Bicycle Industries Australia (BIA) supports the direction of the NSW Minister to ensure that all products meet the required quality standards.
