What are mandatory product safety and information standards?
Mandatory safety standards are declared for products that are likely to be especially hazardous. Information standards are introduced when consumers need to be informed about a product. In declaring mandatory standards the government protects consumers by specifying minimum requirements that must be met before products are sold.
Standards are reviewed regularly and comments from suppliers and the community are welcome.
State and territory consumer affairs/fair trading agencies have an important role in product safety within their own jurisdictions.
Mandatory consumer product standards for a particular class of goods may be made by regulation, or declared by the Minister for Competition Policy and Consumer Affairs in consumer protection notices, which are registered on the Federal Register of Legislative Instruments. (These consumer protection notices were formerly published in the Commonwealth Gazette.) The two types of mandatory product standards are:
Safety standards: these require goods to comply with particular performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging rules (e.g. construction of toys for children under three years).
Information standards: these require prescribed information to be given to consumers when they purchase specified goods (e.g. ingredient labelling for cosmetics, labelling for tobacco products and care labelling for clothing and textile products).
How are mandatory standards enforced?
The ACCC enforces mandatory product safety and information standards and bans of unsafe goods declared under the Trade Practices Act. We actively enforce mandatory safety and information standards and bans by surveying retail outlets and websites, by responding to complaints and by acting promptly against offending suppliers.
Suppliers' responsibilities
All suppliers—including manufacturers, importers, distributors, hirers and retailers—are responsible for ensuring that goods they supply comply with the relevant mandatory standards.
The term ‘supply’ includes sale, exchange, lease, hire, hire purchase and ‘give-aways’ (for example at trade fairs and through promotions).
All suppliers should remain informed on mandatory standards. Suppliers must refer to both the consumer protection notice or regulation and the referenced Australian/New Zealand or overseas standard (if applicable) for details of the requirements of the mandatory standard.
Regulations or consumer protection notices are available from this website. Australian/New Zealand or overseas standards may be purchased from SAI Global (Standards Australia) at www.sai-global.com/shop
Trade associations can help members stay up-to-date. Suppliers should also have systems in place to ensure their goods fully comply with mandatory product standards. These might include:
attention to safe design principles
a performance testing program (if necessary)
quality assurance checks on ordering, on receipt of goods, and in production
staff education programs.
Manufacturers should...
obtain copies of the relevant mandatory standards and, if necessary, have sample testing done.
Importers and distributors should...
obtain copies of the relevant mandatory standards and, if necessary, have sample testing done or request copies of test certificates
stipulate that the goods they order comply with mandatory standards
make visual checks on delivery to see that mandatory standards have been met.
Retailers (including website traders) and hirers should...
be aware of any mandatory standards which cover the goods they sell or hire out and, if necessary, obtain copies of the relevant mandatory standards. If necessary, also have sample testing done or request copies of test certificates
stipulate that the goods they order comply with mandatory standards
make visual checks on delivery to see that mandatory standards have been met.
Testing
The ACCC does not provide an approval function for goods subject to mandatory product safety or information standards. Suppliers need to ensure that the goods they import and supply in Australia comply with the relevant mandatory Australian standard. This can be done by having the product tested by a competent Australian testing laboratory or equivalent overseas testing agency.
The National Association of Testing Authorities Australia (NATA) provides a list of accredited laboratories and details of their accreditation on the website www.nata.asn.au.
What happens if I don't comply?
Suppliers of goods that are banned or that do not comply with a mandatory product standard could be committing an offence under the Trade Practices Act and may be subject to fines of up to $1.1 million for corporations and $220 000 for individuals. The same fines also apply for failure to comply with a mandatory recall order.
The ACCC often seeks immediate withdrawal of goods from sale and recall from consumers. Other remedies may include court enforceable undertakings, injunctions, orders for corrective advertising, refunds or repair of the goods and legal costs.
Further information
The ACCC has published series of product safety guides and product safety bulletins on many of the mandatory safety and information standards (see Product safety publications in Related topics).
