Under the ACL, Commonwealth, state and territory ministers can regulate consumer goods and product-related services by implementing mandatory safety standards, banning products temporarily or permanently, issuing safety warning notices or issuing a compulsory recall notice to suppliers.
As a business:
- You cannot sell banned products.
- You must ensure that your products or product-related services comply with relevant ‘mandatory safety and information standards’ before they are offered for sale.
- If you are aware of a death, serious injury or illness associated with a product you supply, you must report it to the ACCC within two days, which is known as mandatory reporting.
Businesses should also consider whether there is a need to conduct a ‘voluntary’ product recall if a product or service presents a safety risk or is non-compliant with a mandatory standard or ban. A voluntary recall occurs when the supplier for a consumer product initiates the recall and voluntarily takes action to remove it from distribution, sale, and/or consumption.
Related information: Product safety
Product Safety Australia website
Product Safety Recalls Australia
Related publication: Consumer Product Safety Recall Guidelines
Related publication: How to conduct a successful recall