Product safety

Topics

The national product safety provisions set out how the Australian and state/territory Governments can regulate consumer goods and product related services to ensure they are safe. These can include: imposing mandatory safety standards or information standards on goods or product related services;...
Standards, recalls and bans
A business must ensure their products meet acceptable levels of safety and will not cause harm when used as intended. Products must meet the requirements of relevant mandatory standards and bans . New and existing products are monitored by state and territory regulators, who can conduct...
Product safety for business
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

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Publications

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
Warranty against defects A warranty against defects is an undertaking made at the time the goods or services are supplied. This promise is over and above the protections provided by law. It is...
Consumer Protection
Form – notification
16 Jul 2019
Consumer Protection Strategic Plan 2012 - 2015
Consumer Protection
Plans
29 May 2014
On 1 July 2013, changes to the Residential Tenancies Act 1987 (the Act) and the Residential Tenancies Regulations 1989 came into force. These frequently asked questions are designed to assist you in...
Consumer Protection
Fact sheet
02 Dec 2019

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Announcements

With Commissioner for Consumer Protection David Hillyard I remember the first time we held the Consumer Protection Awards in 2004 and I’m proud that the annual event has become firmly fixed in the Western Australian calendar as an opportunity to acknowledge community contributions to consumer protection. Many individuals, organisations, businesses and media professionals are involved in helping...
Consumer Protection
Media release
08 Nov 2019
Laws to allow renters to fix furniture to walls to prevent death or injury to children from toppling furniture have passed through State Parliament. The Consumer Protection Legislation Amendment Bill 2018 amends the Residential Tenancies Act and means landlords must allow tenants, who submit a request form, to attach furniture to a wall to prevent a child, or a person with a disability, from...
Consumer Protection
Media release
16 Oct 2019
More than 6,600 dangerous Samsung top loader washing machines that have been recalled remain in WA homes, creating a serious fire hazard that put lives at risk. One of the recalled models caught fire in the laundry of an Armadale home unit on the evening of 1 October 2019 with fire units attending to extinguish the blaze. No one was hurt. This latest fire has prompted a renewed plea from Consumer...
Consumer Protection
Media release
07 Oct 2019
Consumer Protection WA has given its seal of approval to 270 Perth Royal Showbags after product safety inspectors checked about 1500 toys and novelty items that will be sold at the Claremont Showground. Commissioner for Consumer Protection David Hillyard says the majority of toys and novelty items have been ticked off as safe for kids to have bags of fun with. “I’m pleased to announce that most...
Consumer Protection
Media release
31 Aug 2019
With Commissioner for Consumer Protection, David Hillyard Families, friends and the rural communities in which they live are mourning the deaths of two boys aged under ten who lost their lives recently in separate quad bike accidents in WA and Tasmania. The tragic accidents occurred on farms and involved rollovers, a common set of circumstances when we look at the statistics. On average, 16...
Consumer Protection
Media release
25 Apr 2019
A decorative alcohol-fuelled (ethanol) burner exploded in a suburban backyard in Perth’s southern suburbs at the weekend, prompting a reminder to consumers that certain table-top models have been banned. The explosion on Saturday evening 27 April 2019 is believed to have been sparked by a burner being re-fuelled while still lit and injured four people, including a child, who were taken to...
Consumer Protection
Media release
02 May 2019
The Department of Mines, Industry Regulation and Safety (DMIRS) is conducting a stakeholder satisfaction survey to invite feedback on our services and our role as a regulator. The results will help DMIRS focus on business areas and services that need performance improvements. If you subscribe to a DMIRS email newsletter or subscriber news service, you may be contacted by email and invited to take...
Consumer Protection
Department News
29 Apr 2019
Now summer is officially over, our attention may soon turn to gas heaters and other gas appliances in the home. A recent safety alert affecting four popular gas heaters is a timely reminder that any gas equipment should be used and maintained correctly to avoid potentially dangerous consequences. Along with our colleagues at Building and Energy (formerly Energy Safety ), Consumer Protection is...
Consumer Protection
Media release
14 Mar 2019
A national safety alert has been issued for four open-flued gas heaters that, under certain circumstances, may produce too much carbon monoxide – potentially causing serious health risks to users. Building and Energy (formerly Energy Safety ) is urging owners of these gas heaters to stop using them immediately. The safety alert applies to: Regency i31 (purchased after 1 January 2010) supplied by...
Building and Energy
Media release
12 Mar 2019
A family in mourning over the death of a child from toppling furniture has won a Consumer Protection Award, along with a consumer advocate, a community support group and an ABC reporter. The winners were announced by Commerce Minister John Quigley during a presentation breakfast at the University Club of WA. Reef Kite was almost two years old when he was killed in October 2015 when a chest of...
Consumer Protection
Media release
06 Mar 2019

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