Statement of Regulatory Intent - E-micromobility vehicles

This Statement of Regulatory Intent applies to sellers and suppliers of lithium-ion battery-powered e-micromobility vehicles.

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Purpose

This Statement of Regulatory Intent applies to sellers and suppliers of lithium-ion battery-powered e-micromobility vehicles.

It sets out the actions that NSW Fair Trading will take to enforce:

This Statement of Regulatory Intent replaces the one issued on 21 February 2025. It has been reissued as a decision has been made to change the commencement date of testing and certification requirements for e-micromobility vehicles and associated lithium-ion batteries to 1 February 2026.  

This change has implications for the requirement to provide a certificate approval number under the Information Standard. This Statement confirms that suppliers do not need to give the certificate approval number until 1 February 2026.

This Statement was approved by the NSW Fair Trading Commissioner on 18 July 2025.

Enforcement approach

Product Safety Standards

Testing and certification requirements for e-micromobility vehicles and associated lithium-ion batteries under the G&E Act will now commence on 1 February 2026. This is designed to allow businesses time to obtain test reports and certificates of approval. A link to the exemption is here.

NSW Fair Trading will take an educational approach to the enforcement of the Safety Standards from 1 February 2025 to 1 February 2026. NSW Fair Trading will conduct inspections, issue educational material and provide advice to suppliers to help them to understand their new obligations. NSW Fair Trading will not penalise suppliers during this period.

NSW Fair Trading reserves the right to vary its approach as appropriate to the circumstances, particularly in cases that may involve a significant risk of harm or consumer or community detriment.

Information Standard

NSW Fair Trading will take an educational approach to the enforcement of the Information Standard from 19 February 2025 to 1 August 2025. NSW Fair Trading will conduct inspections, issue educational material and provide advice to suppliers to help them to understand their new obligations. NSW Fair Trading will not penalise suppliers during this period.

The Information Standard also requires information about product testing and certification under the G&E Act to be provided to consumers. As these product testing and certification requirements will not commence until 1 February 2026, suppliers do not need to give the certificate approval number until 1 February 2026. During this period, suppliers will not be penalised if they do not provide these details.

NSW Fair Trading reserves the right to vary its approach as appropriate to the circumstances, particularly in cases that may involve a significant risk of harm or consumer or community detriment.

NSW Fair Trading will continue to perform its normal regulatory functions for all other matters under the Fair Trading Act and Fair Trading Regulation.

Key dates

  • 2 August 2024 – New safety standards prescribed under the G&E Act.
  • 1 February 2025 - Only e-micromobility vehicles, associated batteries and chargers that comply with the prescribed safety standards can be sold or supplied in NSW.
  • 19 February 2025 - All suppliers must comply with the Information Standard and provide prescribed information to consumers at the point of sale or supply.
  • 1 August 2025 - Compliance and enforcement action commences for the Information Standard, except the information about providing the certificate of approval number under the G&E Act.
  • 1 February 2026 - Compliance and enforcement action commences for all declared e-micromobility vehicles, batteries and chargers for the full requirements under the G&E Act and the Information Standard.

Background

Information Standard under the Fair Trading Regulation 2019

From 19 February 2025, all businesses selling, hiring and leasing e-micromobility vehicles must provide consumers with the information set out in the Information Standard at the point of sale or supply.

This includes information on product safety, fire safety and emergency procedures, product end of life and storage, electrical safety and advice on road rules.

The information can be provided as a physical copy or through a digital link.

Advice on checking applicable road rules must also be included on or near where the products are displayed in the store and on the website. Suppliers must display the following wording: “Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads and road related areas.”.

Safety Standards under the Gas and Electricity (Consumer Safety Act) 2017

On 2 August 2024, NSW Fair Trading designated e-bikes, e-scooters, e-skateboards and self-balancing scooters or hoverboards (e-micromobility vehicles) and their associated lithium-ion batteries as ‘declared electrical articles’ under the G&E Act. Declared e-micromobility vehicles must comply with the G&E Act, including prescribed safety standards, testing, certification and marking.

NSW Fair Trading has prescribed a range of Australian and International standards that e-micromobility vehicles must comply with to be sold in NSW.

The new requirements under the G&E Act are being implemented over a period of 18 months, with 2 key phases.

Phase 1: From 1 February 2025, only those e-micromobility vehicles, associated batteries and chargers that comply with the prescribed safety standards can be sold or supplied in NSW.

Phase 2: From 1 February 2026, e-micromobility vehicles, associated batteries and chargers must comply with the full set of requirements under the G&E Act, which are:

  • comply with the prescribed safety standards
  • be tested by an accredited test lab and have a Certificate of Approval issued by either NSW Fair Trading or a Recognised External Approval Scheme (REAS) before sale in NSW
  • be marked in accordance with the G&E Act and Regulation before sale in NSW.

The requirements apply to sale (including second-hand sale), hire, lease, and displaying products for sale or hire.

Further information

Further information on the requirements for e-micromobility vehicles, associated batteries and chargers is available on www.nsw.gov.au/safety-standards-emicromobility.

Natasha Mann

NSW Fair Trading Commissioner

18 July 2025

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