Product safety is extremely important, not just to consumers but traders and manufacturers as well. There are around 15, 000 types of products available in Australia, before factoring in the different brands. So, complying to a measured safety standard not only protects consumers from sickness or injury, but upholds your business’ standard of quality. In Australia, the product safety system relies on consumers, suppliers and government agencies working together to ensure new and existing products work safely.
Failure to comply to a product safety standard or ban outlined in Australian Consumer Law may result in:
Breach of ban
- Supplier may be found guilty of a criminal offense.
- Maximum fine is $220,000 (individual) or $1.1 million (body corporate).
- Civil penalties of same amount may apply.
Breach of standard
- Failure to comply with safety standard – Maximum fine is $220,000 (individual) or $1.1 million for body corporate (Civil penalties of same amount may apply).
- Failure to nominate the standard they are compliant with if required to do so by a consumer protection agency – Maximum fine is $4, 400 (individual) or $22, 000 (body corporate).
A failure to comply to product safety standard is an offense of strict liability, meaning a court does not have to consider a person’s intention before finding them guilty.
Product safety regulation in Australia is a shared responsibility between Australian Competition & Consumer Commission and the states and territories. For more information, please visit Product Safety Australia webpage.