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

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

On average one child dies from a portable pool-related drowning every year in Australia, while others need hospital treatment and may be left with severe brain injuries. These statistics have prompted Australian Consumer Law and product safety regulators to join forces with Royal Life Saving Society - Australia to remind parents and carers to make portable pools SAFE. Portable pools – ranging...
Building and Energy / Consumer Protection
Media release
15 Nov 2018
The State Government and Royal Life Saving Society - Australia have launched a national campaign to warn consumers about the dangers of portable pools this summer. Tragically, on average, one child dies from drowning in a portable pool every year, with others needing hospital treatment and some suffering from permanent brain damage. The Don't Duck Out, Make It SAFE initiative includes four key...
Building and Energy / Consumer Protection
Media release
15 Nov 2018
A national voluntary recall has been issued for water absorbing balls sold by a WA supplier as a toy which may pose a danger to children. The supplier, Alpak Trade Pty Ltd trading as Fremantle Water Beads , has agreed to withdraw the water expandable polymer balls or water beads from the marketplace, but many of the products have already been sold in WA. The voluntary recall is the result of...
Consumer Protection
Media release
09 Nov 2018
The Department of Mines, Industry Regulation and Safety’s inaugural Annual Report, tabled in Parliament on 19 September 2018, is now available on the website . The 2017-18 report highlights the department’s key achievements and financial performance for the last financial year and showcases what we do for the community of Western Australia. The report also includes independently audited reports...
Corporate
Department News
25 Oct 2018
Local governments are working to clear a backlog of inspections of private pool safety barriers in the wake of an Ombudsman Western Australia report on children drowning. The law requires that WA local councils inspect private pools in their jurisdiction at least once every four years to ensure they have complying fences or other safety barriers. In last year’s investigation report on ways to...
Building and Energy
Media release
20 Sep 2018
Children will be spoilt for choice when more than 260 showbags go on sale at this year's Perth Royal Show, following a product safety tick of approval from Consumer Protection. Each year, the Royal Agricultural Society of Western Australia (RASWA) invites Consumer Protection inspectors to conduct the pre-show checks, ensuring the showbags' toys and novelties meet Australian product safety...
Consumer Protection
Media release
12 Sep 2018
With warmer weather on the way, West Australians are reminded that pools with water deeper than 30cm must have complying safety barriers to prevent child drownings. This is one of the key messages that the Department of Mines, Industry Regulation and Safety will share at this weekend’s Pool, Spa and Outdoor Living Expo . The department’s Building & Energy and Consumer Protection teams are...
Building and Energy
Media release
07 Sep 2018
Imported cosmetic eyeliners that contain 84 percent lead are being taken off store shelves throughout Australia with WA shoppers warned to be on the look-out. Consumer Protection said testing by NSW Fair Trading found that Hashmi Surmi Special and Hashmi Kohl Aswad eyeliners had dangerous levels of lead as well as containing other hazardous metals like arsenic, cadmium, chromium and mercury. It...
Consumer Protection
Media release
26 Jul 2018
Do you have a Vulcan Heritage or a Pyrox Heritage gas heater? People with Vulcan Heritage or Pyrox Heritage gas heaters in their homes need to get them checked by a qualified gas fitter immediately. Laboratory tests show that under certain conditions the heaters produce too much carbon monoxide. Particularly if homes have poor ventilation and bathroom exhaust fans or kitchen rangehoods are used...
Building and Energy
Alert
01 Jun 2018
Rand Transport (1986) Pty Ltd was handed a $45,000 fine and a $2900 costs penalty in the Perth Magistrate Court following serious ammonia gas burns to a contract worker. Rand, a cold storage food distributor, pleaded guilty to failing to provide and maintain a safe workplace where contractors were not exposed to hazards. On 11 December 2014, during the construction of a dividing wall within a...
WorkSafe
Media release
30 May 2018

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