Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 2001
Statutory Rules 2001 No. 2791
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.
Dated 27 September 2001
PETER HOLLINGWORTH
Governor-General
By His Excellency's Command
JOE HOCKEY
Minister for Financial Services and Regulation

Contents
Page
	1	Name of Regulations	2
	2	Commencement	2
	3	Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999 — repeal	2
	4	Purpose	3
	5	Application	3
	6	Standard until 31 August 2006	4
Schedule 1	Australian/New Zealand Standards	5
Part 1	AS/NZS 2063:1996	5
Part 2	Variations to AS/NZS 2063:1996	5
Schedule 2	Snell Standards	6
Part 1	1995 Standard For Protective Headgear For Use In Bicycling	6
Part 2	Compliance with the Snell Standard	6

  
  
1	Name of Regulations
		These Regulations are the Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 2001.
2	Commencement
		These Regulations commence on gazettal.
3	Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999 — repeal
		Statutory Rules 1999 No. 230 is repealed.
4	Purpose
		For subsection 65C (2) of the Trade Practices Act 1974, these Regulations set out the consumer product safety standard for bicycle helmets.
5	Application
	(1)	These Regulations apply to protective helmets for pedal cyclists.
	(2)	However, these Regulations do not apply to the following helmets:
	(a)	protective helmets of a size too small to be reasonably fitted to Headform AA defined in Australian Standard AS 2512.1:1998 published by the Standards Association of Australia on 5 September 1998;
	(b)	helmets for use as toys which cannot be reasonably mistaken for protective helmets for pedal cyclists;
	(c)	helmets for use as toys which may be reasonably mistaken for protective helmets for pedal cyclists, if the words Warning: toy helmet only — do not use as safety headgear are marked clearly and legibly in a conspicuous position on:
	(i)	the helmet or on a label attached to the helmet at the time of supply to the consumer; and
	(ii)	the principal outer display face of any packaging in which the helmet is supplied to the consumer;
		with the word Warning in capital letters not less than 5 mm high, and the remaining words in letters not less than 2.5 mm high;
	(d)	helmets (except BMX helmets) designed and constructed principally for use by cyclists engaged in competitive racing, if the words Warning: racing headgear only — inadequate impact protection for normal road use are marked clearly and legibly in a conspicuous position on:
	(i)	the helmet or on a label attached to the helmet at the time of supply to the consumer; and
	(ii)	the principal outer display face of any packaging in which the helmet is supplied to the consumer;
		with the word Warning in capital letters not less than 5 mm high, and the remaining words in letters not less than 2.5 mm high.
6	Standard until 31 August 2006
		Until the end of 31 August 2006, the standard for protective helmets for pedal cyclists is the standard described in:
	(a)	Part 1 of Schedule 1 as varied by Part 2 of that Schedule (Australian/New Zealand Standards); or
	(b)	Part 1 of Schedule 2 subject to Part 2 of that Schedule (Snell Standards).

Schedule 1	Australian/New Zealand Standards
(regulation 6)
Part 1	AS/NZS 2063:1996
		Australian/New Zealand Standard Pedal cycle helmets, published by Standards Australia on 5 May 1996 as amended by Amendment No. 1 of 5 November 1996.
Part 2	Variations to AS/NZS 2063:1996
[1]	Clause 1
omit
[2]	After clause 5.6
insert
5.7   BMX Helmets   Helmets designed and constructed principally for use by cyclists engaged in BMX competition racing need not comply with provisions regarding ventilation openings or type testing.
[3]	Paragraph 8.1 (e)
omit
Schedule 2	Snell Standards
(regulation 6)
Part 1	1995 Standard For Protective Headgear For Use In Bicycling
		1995 Standard For Protective Headgear For Use In Bicycling, including the Child Helmet Addendum To Standards For Protective Headgear, published by the Snell Memorial Foundation of the United States of America and available on the Internet as the document:
		http://www.smf.org/standards/b95-2std.html.
Part 2	Compliance with the Snell Standard
		A person is not required to comply with a provision of the Standard that requires the person to obtain third party certification of a helmet.
Note   The Standard requires a person who manufactures a helmet, and who wishes to comply with the Standard, to obtain third party certification of the helmet.
Note
1.	Notified in the Commonwealth of Australia Gazette on 5 October 2001.