Tertiary education program

Penalties and remedies

Under the ACL a supplier who fails to comply with the product safety law may be found guilty of a criminal offence. A court does not have to consider a person's intentions before finding them guilty.

Mandatory standards

  • Safety: A supplier may be found guilty of a criminal offence if they fail to comply with a mandatory safety standard. The maximum fine is $220 000 for an individual or $1.1 million for a company. Maximum civil penalties for the same amounts also apply.
  • Information: Supplying goods and services that do not comply with an information standard is an offence. The maximum fine is $220 000 for an individual and $1.1 million for a company. Maximum civil penalties for the same amounts also apply.

Breaching an information standard can also lead to injunctions, personal damages, compensatory orders, corrective advertising orders and adverse publicity orders.

Bans

A supplier who fails to comply with a ban may be found guilty of a criminal offence. The maximum fine is $220 000 for an individual or $1.1 million for a company. Maximum civil penalties for the same amounts also apply.

Recalls

  • Supplier initiated recalls: A supplier who fails to notify the minister as required may be found guilty of a criminal offence. The maximum civil penalty is $3300 for an individual and $16 500 for a company.
  • Recalls ordered by a minister: A supplier who does not comply with a compulsory recall notice may be found guilty of a criminal offence. The maximum penalty is $220 000 for an individual and $1.1 million for a company.

Mandatory reporting

A supplier who fails to notify the Commonwealth minister within 48 hours of becoming aware of an incident which resulted in injury, serious illness or death may be found guilty of a criminal offence. The maximum penalty is $3300 for an individual and $16 500 for a company.