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Frequently Asked Questions
- Why recall products?
- Who is responsible for product recalls in
Australia?
- Who has to be told about recalls?
- Who monitors effectiveness of recalls in
Australia?
- Where can I obtain a guide for business on
the recall of unsafe consumer products?
- Where do I find information on electrical
or gas appliance warnings that are not product recalls notified
under the Trade Practices Act?
- What is the source of the data on this Web
site?
- Can you provide me with numerical data on
Australian product recalls?
- What if I've bought something that gets recalled?
- Can the ACCC provide suppliers with legal advice on recall matters?
Links within the following area will open in a new window
and take you out of the Product Recalls Australia site.
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1. Why recall products?
If a product is defective or unsafe, or likely to cause damage or injury in
any way, it should be recalled as soon as possible. Unsafe products are usually
recalled from the marketplace by the supplier (manufacturer). The overarching
Australian consumer protection legislation (the Trade Practices Act 1974) does
not provide a definition of the term 'recall'. The ACCC takes the view
that if a supplier voluntarily asks consumers to carefully dispose of or return
defective goods for a refund or replacement, then that is seen as a 'recall'.
The same goes if the supplier asks consumers or other suppliers to return the
goods for some form of modification if the defect is safety-related.
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2. Who is responsible
for product recalls in Australia?
Voluntary safety-related recalls are the responsibility of the supplier. The
Minister for Competition Policy and Consumer Affairs (the Australian Government's consumer
affairs spokesman) does have the power to order a compulsory recall of a product
if it will or may cause injury to a person AND where it appears that the supplier
has not taken satisfactory action to prevent the goods from causing injury.
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3. Who has to be told
about recalls?
Suppliers undertaking safety-related recalls are required
by the Trade Practices Act to notify the Minister for Competition Policy and Consumer Affairs
within two days of commencing recall action.
Product recall notifications can be addressed to the Minister
care of the ACCC. Other organisations that should
be notified are State and Territory consumer affairs authorities,
and the following authorities for specific product groups:
For electrical or gas appliance warnings (which are not product
recalls notified under the Trade Practices Act), State and
Territory electrical or gas regulators may publish warnings
from time to time concerning specific appliances.
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4. Who monitors effectiveness
of recalls in Australia?
The ACCC monitors and audits the effectiveness of product
recalls of general consumer goods and the other Commonwealth
regulators responsible for specific products (e.g. FSANZ for
food products) monitor recalls of those products.
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5. Where can I obtain
a guide for business on the recall of unsafe consumer products?
By clicking on the highlighted link you can obtain a guide
for business on the recall of unsafe consumer products.
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6. Where do I find information
on electrical or gas appliance warnings that are not product
recalls notified under the Trade Practices Act?
State and Territory electrical or gas regulators may publish warnings
from time to time concerning specific appliances. Further information
on electrical or gas appliances warnings may be obtained by contacting
the Electrical
Equipment Safety Regulators or gas regulator at www.gtrc.gov.au
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7. What is the source
of the data on this Web site?
It is based on publicly available information supplied by
the company undertaking the recall in newspaper advertisements
or other forms of announcements, and on official notification
to the Minister for Competition Policy and Consumer Affairs, under the
requirements of section 65R of the Trade Practices Act 1974.
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8. Can you provide me
with numerical data on Australian product recalls?
The following link provides a statistical
summary of Australian product recalls by product group since
1986/1987.
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9. What if I've bought
something that gets recalled?
If you buy a product that is later recalled you have certain
rights' depending on the type of recall and you should check
with the supplier to find out exactly what applies in your
case.
Generally, if a product you buy is recalled, you will be
asked to return it to where you bought it, for a full refund.
The supplier may offer you a refund or a suitable replacement
product of the same value. Alternatively, they may offer to
return the product to you after they have made any necessary
repairs.
If you have any queries about your rights or obligations in relation to a recall, contact the ACCC's Infocentre on 1300 302 502 or
email infocentre@accc.gov.au.
You can also contact the relevant consumer protection authority
in your State or Territory, Electrical Equipment Regulator,
or Gas Technical Regulator.
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10. Can the ACCC provide suppliers with legal advice on recall matters?
The ACCC can provide guidance and assist suppliers with their recall.
However, the ACCC does not provide legal advice to suppliers. Suppliers
should obtain their own separate legal advice on recall matters, if required.
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