As of 1 July 2011, if your business either repairs or accepts for repair consumer goods that:
(a) are capable of storing user-generated data (such as computers, mobile phones, and portable media players), or
(b) are to be replaced by refurbished goods or will contain refurbished components once repaired,
you must by law issue a written Repair Notice to consumers before the goods are accepted for repair.
The purpose of this law is to prevent the unforeseen loss of personal data, such as music, telephone numbers, and computer files, and/or to warn consumers that their goods may be replaced with refurbished goods of the same type.
These obligations apply even if goods were purchased prior to 1 July 2011 and whether or not the goods were initially purchased online or as second-hand goods.
Retailers and other suppliers should be mindful of this requirement if they are recalling goods and repairing them.
Details of the required wording of the notice, the penalties that apply for failure to issue a notice, and other information relating to your obligations can be found at the following web address: www.consumerlaw.gov.au
Answers to FAQ's relating to Repair Notices can be found on the ACCC website here: http://www.accc.gov.au/content/index.phtml/itemId/996739
If you have further questions relating to Repair Notices or any other aspect of consumer law, please call the ACCC’s Small Business Helpline on 1300 302 021 from 9am-5pm, Mon-Fri.
Date Published: 21st July 2011