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Selling consumer products in Australia

In Australia, consumer products fall under the Australian Consumer Law, enforced by the ACCC and state and territory agencies. Products covered by a mandatory safety or information standard must meet it, banned goods may not be supplied, and suppliers report serious injuries within 2 days. Prepackaged goods carry a measurement marking, and imported prepacked goods need a trade description.

Updated · Each section links to the official source it comes from

Main law
Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010)
Regulators
ACCC and state and territory consumer agencies
Serious injury reports
To the Commonwealth Minister within 2 days
Voluntary recalls
Notified to the Commonwealth Minister within 2 days
Net quantity
National Trade Measurement Regulations 2009
Imports
English trade description with the country of origin

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Is the product covered by a mandatory safety standard, information standard or ban? Read more
  2. 2Is it a toy, electrical product, textile, cleaning product or kitchenware, with its own guide? Read more
  3. 3Is there a process to report serious injuries and run recalls? Read more
  4. 4Is the measurement marked on the principal display panel, at the right size? Read more
  5. 5Does the imported pack carry a trade description, and is any origin claim safe? Read more
  6. 6Do claims and descriptions match the product, under the consumer guarantees? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Safety standards, information standards and bans

The product safety tools in the Australian Consumer Law.

  • Safety standards can cover performance, composition, contents, design, construction, finish, packaging, testing, and the markings, warnings or instructions that go with goods (section 104).
  • A person must not supply, offer to supply, manufacture, possess or have control of goods that do not comply with a safety standard in force for them (section 106).
  • Goods covered by a permanent ban may not be supplied (section 118), and information standards set what information goods must carry (sections 134 and 136).
  • Business.gov.au says product safety is shared between the ACCC and state and territory regulators, and that mandatory standards apply to overseas businesses selling online to Australian consumers.
  • Toys, electrical and electronic products, textiles, cleaning products and kitchenware have their own guides here, which set out the standards for those products.

How we help: Compliant Always records which safety standard, information standard or ban applies to each product, and reads your test reports and labels against it. Ask about this

Injury reports and recalls

What a supplier does when its product may have caused harm.

  • A supplier who becomes aware that a death or serious injury or illness was, or may have been, caused by the use or foreseeable misuse of its consumer goods notifies the Commonwealth Minister within 2 days (section 131).
  • A business that voluntarily recalls consumer goods because they may cause injury, or do not comply with a safety standard in force, or are under a ban, notifies the Commonwealth Minister within 2 days (section 128).
  • The Minister can order a compulsory recall of goods that may cause injury, or that do not comply with a standard or ban (section 122).

How we help: Compliant Always keeps the batch, supplier and distribution records with each product, so a report or recall notice can be completed from the record. Ask about this

Measurement marking

Net quantity and packer details on prepackaged products.

  • A prepackaged product is marked with a clear, conspicuous statement of its measurement on the principal display panel, in metric units, at least 2 mm from other graphic matter.
  • Minimum character heights run from 2.0 mm to 4.8 mm, depending on the size of the package.
  • Products packed in Australia carry the packer's name and an address in Australia where documents can be served personally, not a post office box; imported prepackaged products are exempt.
  • Expressions such as 'gross mass' are prohibited unless permitted (regulation 4.28).
  • Business.gov.au says trade measurement is administered by the National Measurement Institute.

How we help: Compliant Always reads your pack artwork for the measurement marking, character height and packer details, with the regulation beside each. Ask about this

Trade descriptions and origin claims

What imported goods must show, and when origin claims are safe.

  • Goods imported as prepacked articles, and specified goods such as toys, electrical appliances, textiles and kitchenware, cannot be imported without an English trade description stating what they are and the country where they were made or produced.
  • Business.gov.au says the Australian Border Force may seize imports that are not labelled correctly.
  • A 'made in' claim does not contravene the misleading conduct provisions if the goods were last substantially transformed in that country (section 255).
  • A 'product of' or 'grown in' claim needs each significant ingredient or component to come from that country and virtually all processing to happen there.

How we help: Compliant Always keeps origin evidence and supplier declarations with each product, and reads your packaging for the trade description and any origin claim. Ask about this

Consumer guarantees and claims

The baseline duties under the Australian Consumer Law.

  • A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive (section 18).
  • Goods supplied to consumers carry consumer guarantees, including acceptable quality (section 54) and matching their description.
  • Business.gov.au says businesses overseas that sell goods in Australia must comply with the Australian Consumer Law.

How we help: Compliant Always keeps the evidence behind each claim on your packaging and listings with the product, and shows claims with no evidence on record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
Manufacturer or brandMeeting any safety or information standard, and the claims on the product.Test reports and claim evidence kept by product.
ImporterThe trade description, compliant goods and reporting within 2 days.Supplier documents read and dated before the goods arrive.
PackerMeasurement marking and packer details.Pack artwork and quantity checks kept by lot.
Retailer and online sellerNot supplying non-compliant or banned goods, and the consumer guarantees.Supplier records ready when a regulator or customer asks.

States and territories

Food standards are developed by FSANZ and adopted without variation by the states and territories, whose agencies and local councils enforce the Food Standards Code. The Department of Agriculture, Fisheries and Forestry enforces it at the border.

The Australian Consumer Law is enforced by the ACCC for widespread issues and by state and territory consumer protection agencies, which handle individual complaints.

Questions businesses ask

Which law covers consumer product safety in Australia?
The Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010. It provides for mandatory safety standards, information standards, bans and recalls, and applies as a law of each state and territory.
Who regulates product safety in Australia?
The ACCC deals with widespread issues, and state and territory consumer protection agencies handle individual complaints. Business.gov.au describes product safety as shared between them.
Do I need to report an injury caused by my product?
Yes. A supplier who becomes aware of a death or serious injury or illness that was or may have been caused by its consumer goods notifies the Commonwealth Minister within 2 days (section 131).
What do I do if I recall a product?
If you voluntarily recall consumer goods because they may cause injury, or do not meet a safety standard in force, or are under a ban, you notify the Commonwealth Minister within 2 days (section 128).
Do overseas online sellers have to follow Australian rules?
Yes. Business.gov.au says the Australian Consumer Law applies to businesses overseas selling in Australia, and that mandatory standards apply to international sellers reaching Australian consumers online.
How must net quantity be shown?
As a clear, conspicuous measurement marking on the principal display panel, in metric units, with characters from 2.0 mm to 4.8 mm high depending on package size (National Trade Measurement Regulations 2009).
Do imported goods need a country of origin label?
Goods imported as prepacked articles, and goods such as toys, electrical appliances, textiles and kitchenware, need an English trade description with the country where they were made or produced.
When can I say 'Made in Australia'?
Under section 255 of the Australian Consumer Law, the claim is safe if the goods were last substantially transformed in Australia, meaning fundamentally different from the imported ingredients or components.
Where are the rules for toys, electronics and textiles?
Each has its own Australia guide here, alongside cleaning products and kitchenware. This guide covers the rules that apply to other packaged non-food products.
How does Compliant Always help with selling in Australia?
Our team reads the rules for the markets you sell in, including the Commonwealth, state and territory layers in Australia. Compliant Always shows which apply to your product and keeps the documents behind each one ready. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Australia and what your paperwork needs to show.

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