Product Safety Standards in Australia (2026)
About this article
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| New South Wales | Fair Trading Act 1987 (NSW) |
| Queensland | Australian Consumer Law (Cth), Part 3-3 — product safety |
| South Australia | Competition and Consumer Act 2010 (Cth) — product safety |
| Tasmania | Competition and Consumer Act 2010 (Cth), Schedule 2, Parts 3-3 to 3-5 — product safety |
| Victoria | Australian Consumer Law and Fair Trading Act 2012 (Vic) |
| Western Australia | Australian Consumer Law (Cth), Part 3-3 — product safety |
What is this right?
Part 3-3 of the ACL covers product safety. The Minister has the power to set mandatory standards, ban dangerous products outright, and order recalls. The framework moves quickly when there's a serious risk — the regulator doesn't have to wait for injuries to mount up.
- Mandatory standards: certain product categories must meet specified safety requirements before sale — children's toys, sunglasses, bicycle helmets, cosmetics, electrical goods.
- Product bans: the Minister can issue a permanent or interim ban on products posing a serious safety risk. Banned goods cannot be sold, offered, or even given away.
- Voluntary and compulsory recalls: suppliers can recall voluntarily; if they don't, the Minister can compel one. Recalled products must be repaired, replaced, or refunded.
- Mandatory reporting: suppliers must report deaths, serious injuries, or illness linked to their products within 2 days of becoming aware.
- Penalties: selling goods that breach safety standards exposes companies to penalties of up to $50 million.
When does it apply?
- You bought a product in Australia that is unsafe, defective, or has been recalled.
- A product you purchased does not meet the relevant mandatory safety standard.
- You or someone you know has been injured by a product.
- Applies to products bought in-store, online, or from overseas sellers shipping to Australia.
What to Do If an Unsafe or Recalled Product Has Harmed You in Australia
- Stop using the product immediately if you believe it is unsafe.
- Check the Product Safety Australia website (productsafety.gov.au) for current recalls and bans.
- Return recalled products to the place of purchase for a repair, replacement, or refund.
- Report unsafe products to the ACCC at productsafety.gov.au or call 1300 302 502.
- If you were injured, seek medical attention and keep the product as evidence.
What should you NOT do?
- Don’t continue using a recalled product — follow the recall instructions promptly.
- Don’t throw away the product if you were injured — it may be needed as evidence.
- Don’t assume overseas purchases are exempt — products sold in Australia must meet Australian standards regardless of where they were made.
About Consumer Rights in Australia
If a product fails or a business misled you, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) gives you automatic guarantees on most purchases up to $100,000 — repair, replacement, or refund. No contract or "no refunds" sign overrides them. The ACCC enforces bans on misleading conduct, unconscionable conduct, and unfair contract terms. For disputes, your state tribunal — NCAT, VCAT, or QCAT — is built for self-represented consumers.
Worked Examples
ScenarioYou buy a toy that turns out not to meet the mandatory Australian toy safety standard.
OutcomeSupplying goods that don't comply with a mandatory safety standard is an offence under the ACL. As a consumer you can seek a remedy under the consumer guarantees (the toy is unsafe and not of acceptable quality) and report the supplier to the ACCC, who can require a recall and seek penalties.
Verified against the ACCC and productsafety.gov.au: it is an offence to supply goods not meeting a mandatory standard. Educational information, not legal advice.
Common Questions
Which products have mandatory safety standards?
Common ones include toys for young children, button and coin batteries, baby cots, infant restraints in cars, bicycle helmets, motorcycle helmets, and many more. The complete searchable list is maintained on productsafety.gov.au by the ACCC.
What if I bought a banned product?
Stop using it. Banned products are sold unlawfully — you can return it for a refund under the consumer guarantees (the product fails the safety guarantee), and report the seller to the ACCC. Look up current bans on productsafety.gov.au.
Does the supplier have to report injuries?
Yes. Suppliers must lodge a mandatory injury report with the ACCC within 2 days of becoming aware of a death, serious injury or illness associated with one of their products, unless they reasonably believe the product wasn't the cause.
What about second-hand sales?
Mandatory standards and bans apply to second-hand sales too. Suppliers in trade or commerce (including some online marketplace sellers) shouldn't sell goods that don't meet a mandatory standard or that are banned — and the consumer guarantees still apply.
What is the product safety standards right in Australia?
Part 3-3 of the ACL covers product safety. The Minister has the power to set mandatory standards, ban dangerous products outright, and order recalls. The framework moves quickly when there's a serious risk — the regulator doesn't have to wait for injuries to mount up.Mandatory standards: certain product categories must meet specified safety requirements before sale — children's toys, sunglasses, bicycle helmets, cosmetics, electrical goods.Product bans: the Minister can issue a permanent or interim ban on products posing a serious safety risk. Banned goods cannot be sold, offered, or even...
When does product safety standards apply?
You bought a product in Australia that is unsafe, defective, or has been recalled.A product you purchased does not meet the relevant mandatory safety standard.You or someone you know has been injured by a product.Applies to products bought in-store, online, or from overseas sellers shipping to Australia.
What should I do if a product I bought in Australia is unsafe, recalled, or caused me injury?
Stop using the product immediately if you believe it is unsafe.Check the Product Safety Australia website (productsafety.gov.au) for current recalls and bans.Return recalled products to the place of purchase for a repair, replacement, or refund.Report unsafe products to the ACCC at productsafety.gov.au or call 1300 302 502.If you were injured, seek medical attention and keep the product as evidence.
What mistakes should I avoid with product safety standards?
Don’t continue using a recalled product — follow the recall instructions promptly.Don’t throw away the product if you were injured — it may be needed as evidence.Don’t assume overseas purchases are exempt — products sold in Australia must meet Australian standards regardless of where they were made.
State-by-state details
New South Wales
Primary statute: Fair Trading Act 1987 (NSW)
Product safety standards are set at the federal level by the ACCC under the ACL. In NSW, NSW Fair Trading conducts product safety inspections and enforces compliance at the retail level.
- NSW Fair Trading inspectors conduct surveillance programs in NSW retail stores, markets, and online platforms to check compliance with mandatory product safety standards (e.g., children's toys, sunglasses, electrical goods, cosmetics).
- If an unsafe product is identified, NSW Fair Trading can issue a product safety order at the state level, banning or restricting the product's sale in NSW pending ACCC action.
- Suppliers in NSW must comply with mandatory recalls issued by the responsible Commonwealth Minister or the ACCC. NSW Fair Trading monitors recall compliance.
- The Electricity (Consumer Safety) Act 2004 (NSW) sets additional safety requirements for electrical goods sold in NSW, including requirements for testing and certification of electrical equipment.
Queensland
Primary statute: Australian Consumer Law (Cth), Part 3-3 — product safety
Product safety standards are set nationally by the ACCC. In Queensland, the Office of Fair Trading conducts compliance and enforcement activities at the retail level.
- OFT inspectors conduct surveillance programs in Queensland retail stores, markets (including weekend markets and pop-up shops), and online platforms to check compliance with mandatory safety standards.
- The Electrical Safety Act 2002 (Qld) sets additional Queensland safety requirements for electrical products. The Electrical Safety Office (part of OIR) regulates electrical product safety and can recall unsafe electrical goods.
- Queensland has specific pool safety laws under the Building Act 1975 (Qld), requiring pool fences and regular inspections by licensed pool safety inspectors — a response to Queensland's high incidence of child drownings.
- The OFT monitors compliance with mandatory product recalls and can take enforcement action against Queensland retailers that fail to comply.
South Australia
Primary statute: Competition and Consumer Act 2010 (Cth) — product safety
Product safety is regulated under the Australian Consumer Law at the federal level, with CBS in SA responsible for state-level enforcement. Mandatory safety standards and bans apply nationally.
- The federal Minister can declare mandatory safety standards and issue product bans under the ACL. Common standards cover items such as children's toys, furniture, electrical goods, and cosmetics.
- Businesses in SA must comply with product recall requirements. If a product is found to be unsafe, the supplier must notify the relevant authority and take corrective action.
- CBS conducts product safety inspections in SA, targeting markets, retail stores, and online sellers. CBS officers can seize unsafe products and issue infringement notices.
- SA consumers who are injured by an unsafe product can claim compensation under the ACL's product liability provisions, which impose strict liability on manufacturers and importers.
Tasmania
Primary statute: Competition and Consumer Act 2010 (Cth), Schedule 2, Parts 3-3 to 3-5 — product safety
Product safety is regulated under the Australian Consumer Law at the federal level, with CBOS in Tasmania responsible for state-level enforcement. Mandatory safety standards and bans apply nationally.
- The federal Minister can declare mandatory safety standards and issue product bans under the ACL. These apply to all products sold in Tasmania.
- Businesses in Tasmania must comply with product recall requirements. If a product is found to be unsafe, the supplier must notify the relevant authority and take corrective action.
- CBOS conducts product safety inspections in Tasmania, targeting retail stores, markets, and online sellers. CBOS officers can seize unsafe products and issue infringement notices.
- Tasmanian consumers who are injured by an unsafe product can claim compensation under the ACL's product liability provisions, which impose strict liability on manufacturers and importers.
Victoria
Primary statute: Australian Consumer Law and Fair Trading Act 2012 (Vic)
Product safety standards are set nationally by the ACCC. In Victoria, Consumer Affairs Victoria conducts compliance and enforcement activities at the retail level.
- CAV inspectors conduct surveillance programs in Victorian retail stores, markets, and online platforms to check compliance with mandatory safety standards (e.g., children's products, cosmetics, electrical goods).
- The Electricity Safety Act 1998 (Vic) and Gas Safety Act 1997 (Vic) set additional Victorian safety requirements for electrical and gas appliances, enforced by Energy Safe Victoria.
- Energy Safe Victoria is the state safety regulator for electricity and gas — it can recall unsafe electrical or gas products sold in Victoria independently of ACCC action.
- CAV monitors compliance with mandatory product recalls and can take enforcement action against Victorian retailers that fail to comply.
Western Australia
Primary statute: Australian Consumer Law (Cth), Part 3-3 — product safety
Product safety standards are set nationally by the ACCC. In WA, Consumer Protection WA conducts compliance and enforcement activities at the retail level.
- Consumer Protection WA inspectors conduct surveillance programs in WA retail stores, markets, and online platforms to check compliance with mandatory safety standards.
- WA has its own Electricity Act 1945 (WA) and Electricity (Licensing) Regulations 1991 (WA) setting additional safety requirements for electrical products, enforced by Building and Energy (DMIRS).
- Given WA's climate, there are specific product safety concerns around swimming pool barriers, outdoor play equipment, and sun protection products. Pool fencing is regulated under the Building Act 2011 (WA).
- Consumer Protection WA monitors compliance with mandatory product recalls and can take enforcement action against WA retailers that fail to comply.
Product Safety Standards in other states
Same topic, different jurisdiction. Pick the one that applies to you.