Product recalls
Information on products recalls and where to go for further information.
An introduction to product recalls
Products are recalled if they are unsafe or likely to cause injury through use or misuse.
Product recalls can be voluntary (initiated by the business/supplier) or mandatory (initiated by a government authority).
Where problems occur with a product, we have the power to remove unsafe goods from sale. This might include recalling dangerous products or issuing a public warning about a particular defect or dangerous product.
Legal requirements
Many suppliers voluntarily recall their own product/s after they become aware that it presents a safety risk. Voluntary product recalls might also be negotiated by NSW Fair Trading or other regulators.
Under Australian Consumer Law, suppliers must advise the Commonwealth Minister responsible for competition and consumer policy within two days of starting a voluntary recall action.
Under some circumstances, the NSW Minister for Better Regulation and Fair Trading can issue a compulsory recall notice to NSW consumers and suppliers, and the Commonwealth Minister responsible for competition and consumer policy can do the same Australia-wide.
If a death or serious injury or illness has been associated with a product, suppliers also need to lodge a mandatory report with the Australian Competition and Consumer Commission (ACCC) via the Product Safety Australia website.
Your consumer rights
As a consumer, you have the right to expect that the goods you buy are safe.
Australian Consumer Law requires safety standards to be met before certain goods are sold. These standards include:
- the way the good is made
- what it contains
- how it works
- the tests it needs to pass
- whether any warnings or instructions need to accompany it.
Gas and electrical products must also comply with additional laws to ensure these products are safe to use.
Penalties
The penalty for individuals is $2.5 million.
The penalty for a body corporate is the greater of:
- $50 million
- if the Court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
- if the Court cannot determine the value of the 'reasonably attributable' benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.
Be a savvy consumer
Browse the Product safety section for more information on a range of product types including baby and children’s products, gas and electrical goods, and other consumer items.
How to report a product safety concern
If you become aware of an unsafe situation or item, whether or not anyone has been injured:
- alert the supplier about the issue
- report the matter to Product Safety Australia.
Making a complaint
When making a complaint, you should include:
- details of the issues you are experiencing
- copies of any correspondence that shows how you have tried to resolve the matter.
How Fair Trading will handle your complaint
Your complaint will be reviewed to determine the most appropriate resolution. This may include:
- providing you with information to help resolve your complaint
- recording the complaint issues to assist in future compliance programs, or
- contacting the other party to try and resolve the dispute.
You can lodge a complaint:
Online
If you cannot resolve your matter, submit your complaint by using our form.
By mail
Post your complaint form and documentation to:
NSW Fair Trading
PO Box 972
Parramatta NSW 2124
Ask a question
If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry.
Further information
The Product Safety Australia website is managed by the ACCC and has lots of information on product safety and national recalls.
If you’re a business and want to learn more about your obligations, read our Selling safe products page.
Contact us
Can’t find what you’re looking for? Call us on 13 32 20 or submit an online enquiry.
Who enforces Australian Consumer Law?
The following agencies enforce provisions relating to consumer goods and services:
- Australian Competition and Consumer Commission (ACCC)
- NSW Fair Trading, and
- other State and Territory consumer protection agencies.
The Australian Securities and Investments Commission (ASIC) is responsible for financial products and services.