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NEW CONSUMER LAW Mandatory reporting |
Suppliers of goods and product-related services now face criminal offence penalties for failure to report incidents of harm to consumers. |
Under the new Australian Consumer Law, suppliers of consumer goods and product-related services who become aware of a death, serious injury or illness caused by the use of a consumer good, must now report the event to the Australian Competition and Consumer Commission within two days or risk being guilty of a criminal offence. |
An injury or illness will be reportable if medical treatment has been sought and someone believes the incident was related to the good or service supplied. This is a broad interpretation, setting a low threshold for required reporting. |
Suppliers should familiarise themselves with this new obligation, the guidelines and the regulations, and take steps to ensure that internal policies and procedures enable them to promptly and efficiently monitor, receive and assess information about relevant incidents and comply with the reporting obligation. Failure to comply is a criminal offence punishable by a fine. |
Suppliers are those who sell, lease, exchange, hire, or make available for hire-purchase, consumer goods. Suppliers of product-related services provide, grant or confer those services. Consumer goods are goods intended or likely to be used for personal, domestic or household use or consumption. A product-related service includes services such as installation, maintenance, repair or cleaning, assembly and delivery of consumer goods. |
The reporting obligation does not apply to suppliers of general or consumer services. A supplier’s obligation to notify is only engaged where the supplier is aware of a death, serious injury or illness, and considers, or another person considers, it was, or may have been, caused by the use, or foreseeable misuse, of the consumer goods. |
Any awareness, however acquired, is likely to trigger the obligation. |
Suppliers can comply with the new law by completing and submitting an online form via the ACCC website. |
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