G/TBT/N/AUS/144  
19 July 2022  
(22-5474) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  AUSTRALIA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Australian Competition and Consumer Commission (ACCC)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if di fferent from above:   
Department of Foreign Affairs and Trade  
Email: tbt.enquiry@dfat.gov.au  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Non-
refillable helium cylinders - a cylinder of pressurised gas if the cylinder contains 
predominantly helium gas and is not able to be refilled and reused.  
5. Title, number of pages and language(s) of the notified document:  Non-refillable 
helium cylinders safety standard  
6. Description of content:  Mandatory safety standard on non -refillable helium cylinders - 
The p roposed mandatory standard will require non -refillable helium cylinders to contain 
a blend of oxygen (about 21%) and helium (79%), rather than just pure helium. A label 
(also required as part of the mandatory standard) will highlight the composition of the  
blend, and that inhalation may cause suffocation. The scope of the proposed standard is 
non-refillable helium cylinders only.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  In the past 5 years, several coroners have  written to the ACCC on many 
occasions to notify of asphyxiation deaths caused by the deliberate inhalation of helium 
gas and to recommend that the ACCC regulate helium balloon kits to address the misuse 
of the product to commit suicide.  
Helium cylinders continue to be used as a means to assist in suicides. Deliberate inhalation 
of helium gas is harmful and can lead to death by asphyxiation. This is because when 
inhaled, the helium gas displaces oxygen which rapidly leads to unconsciousnes s and 
death if the exposure continues. These cylinders are promoted as a means of assisted 
suicide as they are readily available for purchase, inexpensive and considered an effective 
and a relatively painless means of achieving this outcome. Coronial repor ts indicate that 
non-refillable cylinders are increasingly being used as an aid to suicide, so the standard 
will only apply to non -refillable helium cylinders and not include refillable helium cylinders. G/TBT/N/AUS/144  
 
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  The nature of commerce with refillable helium cylind ers provides a significantly reduced 
risk profile.  
The proposed mandatory standard of requiring a 21% oxygen blend in non -refillable 
helium cylinders makes it more difficult to misuse these products for suicide as it increases 
the time required to reach un consciousness, results in unpleasant side effects, and allows 
opportunities for reconsideration and intervention by others. The addition of 21% oxygen 
does not prevent latex balloons rising or remaining aloft for a reasonable period and does 
not heighten o r introduce any new risks to consumers (including no change to 
flammability).  
The proposed standard aims to reduce the rate of suicide by helium asphyxiation through 
the use of helium cylinders, while maintaining people's legitimate enjoyment by being 
able to use helium to inflate latex balloons for parties and events.  
The cost of the proposed gas mixture (on a per volume basis) under a mandatory standard 
would be cheaper than the current high purity helium. Oxygen is significantly cheaper 
than helium. Addi tional costs in blending the 21% oxygen mixture are expected, but 
estimates indicate that this will be offset over time as the proposed gas mixture will be 
cheaper. There would also be small one off costs due to requiring minor changes to the 
product label s to advise of the composition of the mixture.; Protection of human health 
or safety  
8. Relevant documents:   
Not applicable - this is an early notice for Members' awareness.  
9. Proposed date of adoption:  The new safety standard would be adopted 3 months after 
it is registered.  
Proposed date of entry into force:  The day after the instrument for the mandatory 
safety standard is registered.  
10. Final date for comments:  2 September 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Department of Foreign Affairs and Trade  
Email: tbt.enquiry@dfat.gov.au  
Not applicable - this is an early noti ce for Members' awareness.