Fair Trading Regulation 2019

This Regulation is the Fair Trading Regulation 2019.

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Fair Trading Regulation 2012, which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

compliance tag, for Part 2, Division 1A—see clause 6AA.

e-micromobility vehicle, for Part 2, Division 1A—see clause 6AA.

e-micromobility vehicle information, for Part 2, Division 1A—see clause 6B.

EN 15194, for Part 2, Division 1A—see clause 6AA.

model approval, for Part 2, Division 1A—see clause 6AA.

non-compliance tag, for Part 2, Division 1A—see clause 6AA.

recognised external approval, for Part 2, Division 1A—see clause 6AA.

the Act means the Fair Trading Act 1987.

vehicle marking, for Part 2, Division 1A—see clause 6AA.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of prescribed fuel to consumers at a service station.

In this Division—

prescribed fuel has the same meaning as in section 58 of the Act but does not include electricity.

service station and standard retail price have the same meanings as in section 58 of the Act.

A service station that supplies prescribed fuel to consumers must display the following information on 1 or more signs (a fuel price sign)—

if no more than 4 prescribed fuels are supplied—the standard retail price for each prescribed fuel,

if more than 4 prescribed fuels are supplied—the standard retail price for at least 4 prescribed fuels, including for each of the following that are supplied—

E10 petrol,

diesel,

liquefied petroleum gas (or LPG).

A fuel price sign must be positioned and lit so that the standard retail price and any other matter displayed on the sign is readily able to be seen by motorists approaching the service station at any time that the service station is open for business for the supply of prescribed fuel.

All signs at the service station (including any fuel price signs) that display information in relation to the price of prescribed fuel supplied to consumers at the service station must display only the standard retail price of the prescribed fuel and no other price for that fuel.

This clause does not prevent—

the standard retail price of more than 4 prescribed fuels from being displayed on a sign at a service station, or

the standard retail price of prescribed fuels from being displayed in any order on a sign at a service station, or

a sign at a service station from containing information about discounts and special offers on fuel, but only if the price of a prescribed fuel displayed on the sign is the standard retail price of the fuel.

The octane rating of any petrol supplied to consumers by means of a fuel pump at a service station must be displayed in 1 or more places on the fuel pump so that it is readily able to be seen by a person using a fuel dispenser at the fuel pump.

The octane rating is the research octane number for the petrol rounded down to the next whole number and, in the case of a blend of petrol, is for the whole of the blend.

The octane rating may be displayed by displaying a brand name that includes the octane rating of the petrol.

In this clause, petrol means petrol as referred to in paragraph (a) of the definition of prescribed fuel in section 58 of the Act.

In this division—

compliance tag means the tag, or a copy of the tag, approved by the Secretary by notice published in Government Gazette No 195 of 22 May 2026 for e-bikes marked by the e-bike’s manufacturer as complying with EN 15194.

e-micromobility vehicle means any one of the following that is a declared electrical article within the meaning of the Gas and Electricity (Consumer Safety) Act 2017—

an e-bike,

an electric scooter,

a self-balancing scooter,

an electric skateboard.

e-micromobility vehicle information—see clause 6B.

EN 15194 means the European Standard EN 15194:2017+A1:2023Cycles - Electrically power assisted cycles - EPAC Bicycles.

model approval has the same meaning as in the Gas and Electricity (Consumer Safety) Act 2017.

non-compliance tag means the tag, or a copy of the tag, approved by the Secretary by notice published in Government Gazette No 195 of 22 May 2026 for e-bikes not marked by the e-bike’s manufacturer as complying with EN 15194.

recognised external approval means an approval or certification of a model of electrical article given under a recognised external approval scheme within the meaning of the Gas and Electricity (Consumer Safety) Act 2017.

vehicle marking, for an e-micromobility vehicle, means the marking, or a copy of the marking, for the vehicle required by regulations made under the Gas and Electricity (Consumer Safety) Act 2017, section 8(2)(a).

For the Act, section 47C, the requirements of this division are prescribed as an information standard for the supply of e-micromobility vehicles.

For this division, e-micromobility vehicle information, in relation to the supply of an e-micromobility vehicle, means—

the following identifying information—

name,

brand,

one or more identifying codes or numbers for the vehicle,

Examples—

a serial number, product code or batch number

class specifications, within the meaning of the Gas and Electricity (Consumer Safety) Act 2017, that the vehicle must comply with,

if a model approval or recognised external approval is in force for the model of the vehicle—the vehicle marking, and

the following information—

the speed at which the vehicle’s power output is cut off or the maximum speed of the vehicle,

the weight of the vehicle,

if the vehicle is an e-bike—the maximum continued rated power of the e-bike, and

if the vehicle is not an e-bike—the text referred to in clause 6C(3)(b), and

the following information in relation to electrical and fire safety—

a warning to use only compatible batteries and chargers to reduce the risk of fire or other damage,

information about batteries and chargers that are compatible with the vehicle,

information about safe charging practices, including safe locations for charging, suitable charging durations and a warning against overcharging,

a list of high-risk charging practices that could cause a fire,

a warning that a fire could result from modifying the vehicle,

warning signs indicating the risk of a fire starting and appropriate actions the consumer should take to avoid the risk of a fire,

a notice to call 000 if the battery starts smoking or sparking,

information about the safe storage of the vehicle and relevant accompanying products, including—

how the vehicle and accompanying products should be stored to prevent environmental damage to the vehicle and products, and

warnings against exposing the vehicle and accompanying products to heat or water for prolonged periods, and

(Repealed)

the following safety information about the vehicle and the batteries and chargers supplied with the vehicle—

a statement that the vehicle should not be used if the vehicle contains a damaged battery,

if the battery in the vehicle can be safely separated from the vehicle—how to safely separate the battery,

if applicable—other relevant safety information relating to battery or vehicle safety, and

the following text—

WARNING: Do not dispose of this vehicle or components of this vehicle in household or kerbside garbage bins.

When disposing of this vehicle or components of this vehicle, check the applicable local waste and disposal laws.

This clause applies to a supplier who offers an e-micromobility vehicle for sale, exchange, lease, hire or hire-purchase.

If the e-micromobility vehicle is an e-bike, the supplier must prominently display the following—

either—

if the manufacturer of the e-bike has marked the e-bike as complying with EN 15194—the compliance tag, or

otherwise—the non-compliance tag,

if a model approval or recognised external approval is in force for the model of the e-bike—the vehicle marking.

If the e-micromobility vehicle is not an e-bike, the supplier must prominently display the following—

if a model approval or recognised external approval is in force for the model of the e-micromobility vehicle—the vehicle marking,

the following text—

Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads and road related areas.

The tags, markings and text must be displayed—

on each public website where the e-micromobility vehicle is offered for sale, exchange, lease, hire or hire-purchase, and

if the e-micromobility vehicle is offered for sale, exchange, lease, hire or hire-purchase in-person—

for the tag in subclause (2)(a)—on the vehicle, or

otherwise—on or near the vehicle.

The tags, markings and text must be legible.

This clause does not apply to a supplier if the supplier—

operates a micromobility vehicle sharing service within the meaning of the Road Transport Act 2013, Part 5.7, and

makes the e-micromobility vehicle available for hire by another person in accordance with that part.

This clause applies to a supplier who exhibits or exposes an e-micromobility vehicle on a public website maintained by the supplier for the purpose of another supplier offering the vehicle for sale, exchange, lease, hire or hire-purchase.

If the e-micromobility vehicle is an e-bike, the supplier must prominently display the following on the website—

either—

if the manufacturer of the e-bike has marked the e-bike as complying with EN 15194—the compliance tag, or

otherwise—the non-compliance tag,

if a model approval or recognised external approval is in force for the model of the e-bike—the vehicle marking.

If the e-micromobility vehicle is not an e-bike, the supplier must prominently display the following on the website—

if a model approval or recognised external approval is in force for the model of the e-micromobility vehicle—the vehicle marking,

the following text—

Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads and road related areas.

The tags, markings and text must be legible.

This clause applies to a supplier who—

sells, exchanges, leases or hires an e-micromobility vehicle to a consumer, or

enters a hire-purchase agreement with a consumer for an e-micromobility vehicle.

The supplier must give the consumer the e-micromobility vehicle information in relation to the vehicle supplied.

The e-micromobility vehicle information must be given—

when the vehicle is supplied to the consumer by sale, exchange, lease, hire or hire-purchase, and

in a reasonable way that clearly conveys the information to the consumer.

Examples of how information may be conveyed—

physical or electronic manuals or safety booklets accompanying the vehicle