As the manufacturer or supplier of consumer products, it is your responsibility to ensure that the products you are supplying are safe for consumer use. Australia has strict product safety requirements, and regulators routinely monitor the market for safety hazards and unsafe products. The chief regulator in this space has released its list of priorities for 2022-23. This list indicates which products will be kept under a microscopic eye this year. This article will discuss the product safety priorities that have been set and what these priorities mean for businesses.
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What is the ACCC?
The Australian Competition and Consumer Commission (ACCC) is Australia’s competition regulator. They enforce the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL). Its primary goal is to promote competition, fair trading and product safety. One way the ACCC achieves its goals is by setting annual priorities in relation to product safety.
2022-23 Priorities
This year, the ACCC has announced seven priorities for the FY22-23 financial year. These priorities are in addition to the ACCCs day to day activities in the product safety space, including generally monitoring the market for safety hazards and enforcing compliance with the ACL. The table below sets out these priorities and the ACCCs proposed plan to implement each of the priorities.
| Priority | Aim | Implementation |
| Lithium-ion Batteries | Scoping product safety issues and identifying hazard prevention strategies | • Conducting a short study to scope potential consumer product safety hazards associated with lithium-ion batteries. • Engaging with relevant stakeholders, including state and territory electrical regulators, to assess potential risk controls. • Proposing risk mitigation strategies (if required), including potential improvements to the current regulatory framework. |
| Button Batteries | Compliance with button battery safety standards | • Working with ACL regulators to conduct surveillance and monitor compliance with the standards. • Taking enforcement action to address non-compliance with the new button battery mandatory standards. |
| Products Aimed at Young Children | Consumer product safety issues for young children, with a focus on compliance, enforcement and education initiatives. | • Focus on consumer products such as high-powered magnets, baby dummies, baby chains, sleep aids and toys. • Taking appropriate regulatory and enforcement action. • Developing communication and education strategies to empower carers to make decisions and take actions that protect young children’s interests and safety. • Working with suppliers to improve recall effectiveness of young children’s products. |
| Inclined Products Aimed at Infants | Implementing strategies to prevent injuries and deaths to infants caused by inclined products that can be used for sleep. | • Consulting stakeholders on the costs and benefits of a range of potential policy options to prevent injuries and deaths caused by infant inclined products. • Determining whether regulatory action should be recommended to the Minister, including whether it is appropriate to recommend a safety standard be implemented under the ACL. • Increasing education and awareness of the hazards associated with infant inclined products. |
| A Regulatory Framework for Mandatory Standards | Improving the mandatory standards regulatory framework by implementing new policy initiatives. | • Supporting the Commonwealth Treasury’s regulatory impact assessment of options to improve the mandatory standards framework under the ACL. • Implementing new policy initiatives introduced by the Government. • Developing practical guidance to assist businesses and consumers in understanding the impact of any reforms introduced. |
| Strengthening Product Safety Online | Strengthening product safety online, with a focus on expanding participation in the Australian Product Safety Pledge (APSP)*, online surveillance and contributing to greater consistency of international practice. | • Reporting on compliance with the APSP and encouraging broader adoption of the pledge or opportunities for other commitments from online businesses. • Monitoring unsafe, non-compliant and banned products online through surveillance and engaging with online marketplaces and ACL regulators to address priority issues, and taking enforcement action where appropriate. • Collaborating with international regulators to harmonise global initiatives which seek to address product safety risks online. • Raising awareness of compliance obligations and product safety for online sellers and consumers. |
| Toppling Furniture | Implementing strategies to prevent injuries and deaths caused by toppling furniture. | • Consulting stakeholders on the costs and benefits of a range of potential policy options to prevent injuries and deaths caused by toppling furniture. • Determining whether regulatory action should be recommended to the Minister, including whether it is appropriate to recommend a safety standard be implemented under the ACL. • Increasing education and awareness of the safety hazards associated with toppling furniture. |
*The Australian Product Safety Pledge is a voluntary initiative undertaken by businesses wishing to commit to certain product safety related responsibilities, and reporting initiatives on those responsibilities.
In addition to the above, the ACCC has supported the introduction of a general safety provision into the ACL. This would require retailers to ensure a product is safe before it enters the market. The regulator has also indicated that it will be closely monitoring greenwashing to ensure the accuracy of any sustainability representations made by businesses. Two long-standing priorities which have been removed from the list of priorities this year are quad bikes and Takata airbags.
Continue reading this article below the formWhat Does This Mean for Me?
Businesses supplying consumer products identified in the ACCCs 2022-23 priorities can expect heightened regulatory oversight in the coming year. The ACCC will be keeping a keen eye on businesses operating in these areas. Therefore, such businesses need to ensure they are across their responsibilities in relation to these products.
If you supply products relating to any of the FY22-23 priorities, ensure that you keep informed of the ACCCs work in relation to its priorities. This will allow you to participate in any community consultation initiatives and stay on top of any upcoming regulatory changes that may impact your manufacture or supply of these products.
Key Takeaways
Australia’s leading competition and consumer regulator, the ACCC, has announced its product safety priorities for 2022-23. These priorities highlight current consumer trends and identify the products that the ACCC will keep a closer eye on in the coming year from a product safety perspective. Businesses manufacturing or supplying products related to the ACCCs priorities should ensure that they are compliant with any current regulatory frameworks. Likewise, stay on top of any changes to ensure you do not miss any important regulatory updates.
If you have any questions about your obligations in relation to product safety, our experienced regulatory and compliance lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
The Australian Competition and Consumer Commission is Australia’s competition regulator, in charge of enforcing the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
ACCC has announced seven priorities for the FY22-23 financial year. These include the following products: lithium-ion batteries, button batteries, products aimed at young children, inclined products aimed at infants, and toppling furniture. The ACCC will also prioritise setting a regulatory framework for mandatory standards and strengthening product safety online.
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