The new NSW Lithium-ion regulations for any lithium-ion-powered e-mobility device will come into effect in August 2025 for mandatory testing, certification and labelling.
This law, specific to NSW, covers e-bikes, e-scooters, e-skateboards, e-hoverboards, chargers and replacement batteries. This can also cover children’s e-powered sit-in/on vehicles.
The intent is to set minimum enforceable standards. These must be clearly and permanently marked on these devices with a new NSW mark – NSW xxxxxx, and a REAS mark (Recognised External Approval Schemes) – ABC-xxxxxx-EA. This is in addition to any RCM C-Tick (which does not indicate electrical safety but mandatory EMC standards (Electromagnetic compatibility)
NSW has taken this action to limit the potential for Lithium-ion fires. It hopes that the other states and the Federal Government will follow.
Note: NSW markings are new. Overseas Certificates of Approval and approval marks, such as the CE mark, are not acceptable in Australia.
Summary: The new law requires a permanently affixed NSW mark, probably the REAS mark and RCN C-Tick to comply.
REAS Certification won’t be easy
NSW has mandated that REAS marks can only be given by JASANZ-accredited companies employing qualified specialists and cannot subcontract to other personnel or schemes.
REAS testing companies must hold at least $20 million in Public Liability and adequate Professional Indemnity Insurance. All testing must be by ISO/IEC17025 accreditation from a National Laboratory Accreditation Body with a Mutual Recognition Arrangement (MRA) with the International Laboratory Accreditation Cooperation (ILAC) or IECEE CBTL to test the product to the relevant standard. In short, customer (manufacturer) testing facilities are not permitted.
Certification is not cheap. In addition, the NSW government also requires a $1200 certification fee for each device and any changes to those devices.
Penalties
It’s an offence for a person to sell an article declared under the Act as requiring certification if the article has not been approved for sale and marked with that approval.
The keyword here is ‘person,’ and we have been informed that it means an individual, company, or other legal entity. This could mean the personal sale of second-hand goods. It also applies to online sales and imports for personal use.
Failure for manufacturers, importers or retailers to comply could incur the current maximum penalty under the Gas and Electricity (Consumer Safety) Act 2007 of $825,000 or 2 years imprisonment. Retailers and online sellers must have a copy of an ‘Australian’ Certificate of Approval for each item they sell.
CyberShack’s view: NSW Lithium-ion regulations are a good start
All lithium-ion batteries are an accident waiting to happen. The link takes you to CyberShack’s coverage. Of major importance is that insurance companies are even more unlikely to pay out if the device is not approved.
Most consumers don’t know that this is an extension of an Act that covers a broad range of goods. Many items purchased online and shipped from China conveniently ignore this legislation.
Accessories
- Appliance connectors
- Control and conditioning devices
- Cord line switches
- DC Isolator
- Fluorescent lamp ballasts and starters
- Lamp holders – Bayonet, Edison and adaptors
- Miniature overcurrent circuit breakers
- Outlet devices
- Plugs
- Residual current devices (safety switches)
- Socket outlets and adaptors
- Supply flexible cords
- Wall switches
Body appliances
- Electric blankets
- Flexible heating pads
- Hairdryers
- Immersion heaters
- Massagers
- Razors and hair clippers
- Waterbed heaters
Household appliances
- Air Conditioners incorporating flammable refrigerant
- Bread toasters
- Clothes dryers
- Dishwashers
- Fans
- Floor polishers/scrubbers
- Evaporative coolers
- Heaters
- Irons
- Jugs
- Kitchen machines
- Liquid heating appliances (includes rice cookers)
- Microwave ovens
- Portable cooking appliances (includes blenders and frying pans)
- Projectors
- Ranges and range hoods
- Refrigerators/freezers
- Vacuum cleaners
- Washing machines
Outdoor appliances
- Fence energisers
- Hedge trimmers
- Insect electrocutors
- Lawn care appliances
- Swimming pool and spa equipment
Lighting
- Decorative lighting
- Inspection headlamps
- Nightlights
- Portable lamps
- Self-ballasted LED lamps
- Therapeutic lamps
- Christmas and festival lights
Power supplies
- Battery chargers (covers e-mobility)
- Extra-low voltage supply
- Miscellaneous
- Arc welding machines
- Power tools
- Pressure storage water heaters
- Soldering irons
And now e-micromobility vehicles
- e-bikes
- e-scooters
- e-skateboards
- Self-balancing scooters
- e-micromobility batteries
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