Tertiary education program

Compulsory recall

A minister can issue a compulsory recall notice when they consider that the consumer goods:

  • may injure someone, or using them in a 'reasonably foreseeable' way may injure someone
  • do not comply with a safety standard, or
  • are the subject of an interim or permanent ban.

The minister can only issue a compulsory recall notice if it appears a supplier has not taken satisfactory action to prevent the consumer goods injuring someone. However, unless there is an imminent danger to the public, the Commonwealth minister must issue a proposed recall notice giving suppliers an opportunity to request a conference with the ACCC.

What can a compulsory recall notice require?

A compulsory recall notice can require suppliers to do one or more of the following:

  • recall the goods
  • disclose to the public that the goods, or their use, are dangerous and the procedure for disposing of them
  • inform the public that the supplier will replace the goods, repair the goods (unless they have a dangerous characteristic), or refund the purchase price
  • how the supplier must take action
  • deadlines for doing so.