The ACCC has formed a taskforce to investigate and determine whether to recommend to the Commonwealth Minister for Small Business that he make a mandatory safety standard under the Australian Consumer Law (ACL).
A safety standard for quad bikes could:
- require quad bikes to be tested in accordance with a national quad bike safety rating system
- prohibit unsafe design features or mandate requirements for design and construction
- prescribe the form and content of any warnings or instructions that need to accompany quad bikes at the point of sale, including the safety rating achieved by the quad bike.
We have prepared an Issues Paper to provide stakeholders with an opportunity for input into the processes aimed at addressing the safety hazards posed by quad bikes. It seeks to:
- confirm that the main safety issues have been identified
- set out a full range of regulatory options for consideration
- obtain cost estimates from businesses to inform the cost-benefit analysis of regulatory options, including a mandated safety rating system for quad bikes
- ensure that all stakeholder perspectives and issues have been considered before further developing regulatory option.
The ACCC is seeking submissions on the Quad bike safety issues paper before developing a draft recommendation. Submissions must be provided on or before Friday 15 December 2017.
The issues paper includes a series of questions that relate to the issues the ACCC is considering as part of its investigation. Responses to these questions will be used to inform a draft recommendation.
The issues paper and information on how to make a submission are available from ACCC consultation hub at Quad Bike Safety: Issues Paper.
Following the consultation on the issues paper the ACCC intends to:
- release a draft recommendation in early 2018 for consultation
- provide its final recommendation to Minister McCormack by mid- 2018.
The ACCC taskforce is working closely with an Interdepartmental Committee (IDC) focused on the safety of quad bikes, which is led by the Department of Employment.
The primary role of the IDC is to investigate developing a safety star rating system, which may be implemented through a safety standard.
The IDC will establish a Technical Review Group (TRG) to inform the development of the safety star rating system.
The ACCC may draw on the TRG for technical advice in the development of a draft recommendation.