Announcement date
2 January 2023
Link to announcement
Consumer Goods (Non‑refillable Helium Cylinders) Safety Standard 2022 (legislation.vic.gov.au)
Problem being addressed
Deaths from suicide by asphyxiation of helium balloons occur in Australia and overseas. Between 2016 and 2021, the Victorian, Queensland and ACT Coroners have written to the ACCC on 17 occasions to notify of asphyxiation deaths caused by the deliberate inhalation of helium gas and to make recommendations for the ACCC to regulate helium balloon kits to reduce the number of suicides using these products.
The combination of the availability of high purity helium and the rapidity of the lethal effects of helium inhalation results in significant numbers of Australians dying each year. Despite prominent warnings to the contrary, the loss of life associated with this misuse has not reduced over time and warnings and education have not been sufficient to reduce the level of deaths.
Proposal
The ACCC considers that a mandatory safety standard, under section 104 of the Australian Consumer Law, for non-refillable helium cylinders to reduce the use of the products in suicides is the best option. The mandatory standard will require the addition of about 21 per cent oxygen to the helium gas used in non-refillable helium cylinders. Labelling requirements on the product will also be introduced, noting that the product is not pure helium, should not be inhaled and may cause suffocation. The addition of 21 per cent oxygen will significantly decrease the potential of the use of the product in suicides, as the inclusion of oxygen means that the product can no longer be used to achieve a quick and painless death as unconsciousness would not be readily achieved.
Assessed RIS outcome
Good practice
Assessment comments
The ACCC has been an engaged stakeholder in the IA process. The IA addresses the seven IA questions and follows an appropriate policy development process commensurate with the significance of the problem and magnitude of the proposed intervention.
Regulatory burden
ACCC estimates these measures will result in an increase in regulatory costs of $32,652 per year, averaged over ten years.