It is in the best interests of suppliers and consumers for unsafe consumer goods to be effectively removed from the marketplace. Consumers may suffer serious injury from such products and, if they do, suppliers can be liable. Suppliers conducting voluntary recalls must notify the Minister responsible within two days of commencing the action. Guidelines on conducting recalls are available at http://www.recalls.gov.au. On the 'recalls' website click on 'Your Questions' then scroll down or click on item 5 'Where can I obtain a guide for business ... ?' and then follow the link provided.
How are recalls organised?
Details of all safety-related recalls notified to the Minister for Competition Policy and Consumer Affairs are available on the http://www.recalls.gov.au website. Under the Trade Practices Act, the Minister can order the recall of a product if the goods will or may cause injury and the supplier has not taken satisfactory action to prevent the goods causing injury to any person. However, most safety-related recalls are initiated voluntarily by manufacturers and suppliers when they become aware of a fault in their product.
If a product is defective or unsafe, or likely to cause damage or injury in any way, it should be recalled as soon as possible. Unsafe products are usually recalled from the marketplace by the supplier (manufacturer).
The overarching Australian consumer protection legislation (the Trade Practices Act 1974) does not provide a definition of the term 'recall'. The ACCC takes the view that if a supplier voluntarily asks consumers to carefully dispose of or return defective goods for a refund or replacement, then that is seen as a 'recall'.
The same goes if the supplier asks consumers or other suppliers to return the goods for some form of modification if the defect is safety-related.
Who is responsible for product recalls in Australia?
Voluntary safety-related recalls are the responsibility of the supplier.
The Minister for Competition Policy and Consumer Affairs (the Australian Government’s consumer affairs spokesman) does have the power to order a compulsory recall of a product if it will or may cause injury to a person, where it appears that the supplier has not taken satisfactory action to prevent the goods from causing injury.
Suppliers undertaking recalls are required by the Trade Practices Act to notify the Minister for Competition Policy and Consumer Affairs within two days of commencing recall action.
Product recall notifications can be addressed to the Minister care of the ACCC. Address the notification to the Minister and deliver it by post, fax or email to the Australian Competition and Consumer Commission at the relevant address given below:
The Hon Chris Bowen MP Minister for Competition Policy and Consumer Affairs c/o: Australian Competition and Consumer Commission GPO Box 3131 CANBERRA ACT 2601
Other organisations that should be notified are state and territory consumer affairs authorities, and the following authorities for specific product groups:
For electrical or gas appliance warnings (which are not product recalls notified under the Trade Practices Act), state and territory electrical or gas regulators may publish warnings from time to time concerning specific appliances.
If you buy a product that is later recalled you have certain rights—depending on the type of recall—and you should check with the supplier to find out exactly what applies in your case.
Generally, if a product you buy is recalled, you will be asked to return it to where you bought it for a full refund.
The supplier may offer you a refund or a suitable replacement product of the same value. Alternatively, they may offer to return the product to you after they have made any necessary repairs.
In any case, you should not be out of pocket because of a recall action. If you have any doubts or concerns about this, contact the ACCC Infocentre on 1300 302 502 or email recalls@recalls.gov.au. Or contact the relevant authority in your state or territory, consumer protection agency, Electrical Equipment Regulator, or Gas Technical Regulator.
