Product Safety Standards in New South Wales
Reviewed by the Commoner Law Editorial Team. 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
What is this right?
Australian Consumer Law requires that products sold in Australia meet mandatory safety standards and gives the government power to ban or recall unsafe products:
- Mandatory standards: Certain products must meet specific safety requirements before they can be sold. Examples include children’s toys, sunglasses, bicycle helmets, cosmetics, and electrical appliances.
- Product bans: The responsible Minister can issue a permanent or interim ban on products that pose a serious safety risk. Banned products cannot be sold, offered for sale, or given away.
- Voluntary and compulsory recalls: Suppliers can issue voluntary recalls. If they do not, the Minister can order a compulsory recall. Recalled products must be repaired, replaced, or refunded.
- Supplier obligations: Suppliers must report deaths, serious injuries, or illness connected with their products to the responsible Minister within 2 days of becoming aware.
- Penalties: Supplying goods that do not meet safety standards carries penalties of up to $50 million for companies.
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.
How New South Wales differs from federal law
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.
Additional Steps in New South Wales
Report unsafe products to NSW Fair Trading (13 32 20) or the ACCC Product Safety hotline (1300 302 502). Check the Product Safety Australia website (productsafety.gov.au) for current recalls. For injuries caused by unsafe products, seek legal advice about product liability claims.
Relevant Law: Australian Consumer Law (Cth), Part 3-3; Electricity (Consumer Safety) Act 2004 (NSW); Fair Trading Act 1987 (NSW)
Common Questions
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.
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