New South Wales Product Safety Standards Laws (2026)
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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?
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.
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
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 give...
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.
Product Safety Standards in other states
Same topic, different jurisdiction. Pick the one that applies to you.