Product safety

Topics

A supplier must meet the consumer guarantees for providing services: with due care and skill; which are fit for any specified purpose; and within the time specified, or within a reasonable time (when no time is set). What is ‘reasonable’ will depend on the nature of the services. If services fail...
Returns and cancellations
You must repay any money paid by the consumer for the returned goods, and return any other form of payment made by the consumer, for example, a trade-in. If this is not possible, you must refund the consumer the value of the other form of payment. You must not: offer a credit note, exchange card or...
Returns and cancellations
You must provide goods of the same type and similar value. If such a replacement is not reasonably available, the consumer may choose a repair or a refund. The consumer must return goods to you. If this involves significant cost to the consumer, you must collect the goods at your own expense – see...
Returns and cancellations
What if I can’t repair the goods? If a supplier cannot repair the goods—for instance, because the supplier does not have parts—or cannot do so within a reasonable time, the consumer can: reject the goods and seek either a refund or replacement; or have the goods fixed elsewhere and claim reasonable...
Returns and cancellations
Which goods are covered and what guarantees apply. Which goods are covered? Goods are covered when sold in trade or commerce and bought by a consumer. Second-hand, leased or hired goods are also covered. Some consumer guarantees apply regardless of whether the goods are sold in trade or commerce –...
Guarantees and warranties
Title to goo ds Suppliers guarantee they have the right to sell the goods (clear title), unless the supplier alerted the consumer before the sale that they had ‘limited title’. If goods are sold with limited title, any other person with ownership rights—for example, a person owed money by the...
Guarantees and warranties
A supplier guarantees that the goods will do the job the consumer was told they would. The ‘fit for purpose’ guarantee A supplier guarantees that goods will be reasonably fit for any purpose that the supplier or the consumer specified – the goods will do the job the consumer was told they would...
Guarantees and warranties
Description of goods must be accurate Suppliers and manufacturers guarantee that the description of goods for example, in a catalogue or television commercial is accurate. This does not apply to goods bought at auction. Matching description If the goods do not match the description for example, the...
Guarantees and warranties
Acceptable quality Goods must be of an acceptable quality. Acceptable quality has a number of factors, including that the goods will be safe to use, and that they will be reasonably durable. Acceptable quality is determined by what a reasonable consumer fully familiar with the goods would regard as...
Guarantees and warranties
Whether you have to provide a refund, repair, replacement or compensation to a consumer for problems with goods or services depends on whether you have met consumer guarantees set by Australian law. You are responsible for understanding your legal obligations. Australia’s consumer protection...
Guarantees and warranties

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Publications

A series of product safety publications for businesses.
Consumer Protection
Information
27 May 2014
Better Trading was a free electronic newsletter published by Consumer Protection. It contained current issues, important events and future trends in consumer protection and fair trading matters...
Consumer Protection
Newsletter
15 Jan 2020
Motor vehicle repairers and repair businesses operating in Western Australia are regulated under the Motor Vehicle Repairers Act 2003 (the Act). The Act requires all motor vehicle repair businesses...
Consumer Protection
Fact sheet
28 Sep 2021
Consumer Protection
Brochure
30 May 2014
Consumer Protection
Brochure
29 May 2014
Consumer Protection
Brochure
30 May 2014
Consumer Protection
Brochure
30 May 2014
Safety rules: When Using Baby Bath Aids WARNING! Baby bath aids are NOT safety devices BEFORE you run the bath get a towel and the baby’s clothes prepared. Keep your baby within arm’s reach at ALL...
Consumer Protection
Brochure
16 Oct 2018
About this guide This is one of six guides to the Australian Consumer Law (ACL) developed by Australia’s consumer protection agencies to help businesses understand their responsibilities under the...
Consumer Protection
Guide / handbook
27 Apr 2016
This guide provides information on the ACL for electrical and whitegoods businesses. It covers key aspects of the law such as refunds, replacements and repairs, focusing on issues where: industry...
Consumer Protection
Guide / handbook
09 Jan 2017

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Announcements

Asbestos Awareness Week 2020 runs from 23-29 November 2020. Please take this opportunity to ensure your workplace asbestos management systems are up to date, and that workers are aware of these systems. And remember – buildings built before 1990 are likely to contain materials with asbestos content. Follow the links for more information: Asbestos Safety and Eradication Agency Industry checklist...
WorkSafe
Event
06 Nov 2020
A child safety campaign has been re-launched highlighting the dangers of portable pools with, on average, one child drowning every year in Australia and many more needing hospital treatment, some left with severe brain injuries. The ‘Don’t Duck Out, Make it SAFE’ summer campaign involves product safety regulators throughout Australia, including Consumer Protection in WA, joining forces with the...
Consumer Protection
Media release
02 Nov 2020
Consumer Protection has issued a Halloween warning about potentially deadly button batteries and other hazards found in some novelty items and trick-or-treat costumes. The agency’s product safety inspectors have been out and about ahead of Halloween and have identified a number of non-compliant products. A zombie face mask and a skull hat were both found to have button batteries that easily fell...
Consumer Protection
Media release
29 Oct 2020
The regulator responsible for enforcing swimming pool safety barrier standards has commended the WA community for achieving zero toddler drowning deaths in 2019/2020. The Building and Energy division of the Department of Mines, Industry Regulation and Safety (DMIRS) believes the results featured in the Royal Life Saving’s National Drowning Report show that local government pool barrier...
Building and Energy
Media release
23 Sep 2020
‘Panic-buying’ is a term we’d usually associate with grocery shopping in 2020, however there are suggestions it may be happening in the quad-bike industry currently on the eve of new safety regulations. We have been concerned to hear reports that some quad bike dealerships are running low on stock as farmers and other consumers rush to buy-up current models that do not meet the important new...
Consumer Protection
Media release
23 Jul 2020
Winter has officially arrived and many of us have already dragged out the winter woollies, electric blankets and hot water bottles, so here is a timely reminder about using these products safely. Commissioner for Consumer Protection Lanie Chopping said a number of winter warmer products may pose a safety risk if they are old, worn or not used properly. “As with any product, but particularly...
Consumer Protection
Media release
02 Jun 2020
Heating appliances will soon be emerging from hibernation as cooler weather sets in, particularly with many of us working from home this winter. If you are using a gas heater, our colleagues at Building and Energy have issued a timely warning about the dangers of exposure to carbon monoxide, which can leak from faulty, poorly maintained or misused gas appliances. Carbon monoxide is known as the ‘...
Building and Energy / Consumer Protection
Media release
14 May 2020
Failing to display warning labels on the retail packaging of portable spas has prompted the supplier to introduce strict new quality assurance procedures and donate $10,000 to Royal Life Saving Australia. The measures are part of an enforceable undertaking entered into by Hunter Products Pty Ltd and its sole director Jeffrey Donald Hunter after Consumer Protection commenced legal action in the...
Consumer Protection
Media release
21 Apr 2020
While the situation with the COVID-19 pandemic is changing rapidly, we remain focussed on delivering our services while adhering to advice from Government to protect the health and safety of our staff and the wider community. The department is planning for a range of scenarios and endeavouring to ensure continuity of service. A number of functions can be performed remotely or by using our online...
Corporate
Department News
23 Mar 2020
Under OSH legislation, employers are required to provide and maintain, as far as is practicable, a working environment in which their workers are not exposed to health risks. This includes situations where employees and contractors may be at risk of contracting viruses such as the COVID-19 coronavirus. Employers need to keep up to date with the latest health warnings from the Australian and WA...
WorkSafe
Alert
10 Mar 2020

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