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Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2)

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Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2)

Citation
Act No. 51 of 1974 (Cth), Schedule 2
Jurisdiction
AU
Made by
Australian Competition and Consumer Commission
Instrument
Act
Status
In force

What it requires (7 obligations)

A person must not, in trade or commerce, supply consumer goods of a particular kind where a safety standard for goods of that kind is in force and those goods do not comply with it. A pecuniary penalty may be imposed for a contravention.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers, importers and sellers
Products
Consumer products, textiles, apparel, home textiles, childrenswear
Markets
AU

This is the section that makes the three recorded Consumer Goods standards enforceable rather than descriptive; all three are safety standards made under section 104 and all three are already in this register. The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010; section numbers here are the Schedule's own, which is how the Act cites them.

Drafted from section 106(1) of Schedule 2.

A person must not, in trade or commerce, offer for supply consumer goods whose supply is prohibited by section 106(1). Offering for export is excluded from this subsection.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers, importers and sellers
Products
Consumer products, textiles, apparel, home textiles
Markets
AU

The export carve-out in this subsection is narrower than it looks, because section 106(5) separately prohibits the export itself without Ministerial approval. Reading 106(2) alone gives the wrong answer.

Drafted from section 106(2) of Schedule 2.

A person must not, in or for the purposes of trade or commerce, manufacture, possess or have control of consumer goods whose supply is prohibited by section 106(1). In a proceeding under Part 5-2 it is a defence if the defendant proves that the manufacture, possession or control was not for the purpose of supplying the goods other than for export.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers
Products
Consumer products, textiles, apparel, home textiles
Markets
AU

The prohibition reaches stock sitting in a warehouse, with no sale and no offer. The defence is available but the onus sits on the defendant to prove it, which is a different position from the regulator having to prove an intention to supply.

Drafted from sections 106(3) and 106(4) of Schedule 2.

A person must not, in trade or commerce, export consumer goods whose supply is prohibited by section 106(1) unless the person has applied in writing to the Commonwealth Minister for approval to export those goods and the Minister has given that approval by written notice. A pecuniary penalty may be imposed for a contravention.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers, importers and sellers
Products
Consumer products, textiles, apparel, home textiles
Markets
AU

Goods that fail an Australian safety standard cannot simply be shipped somewhere with no such standard. Approval is per-application and written, and section 106(6) requires particulars of any approval given to be tabled in each House of the Commonwealth Parliament within seven sitting days.

Drafted from section 106(5) of Schedule 2.

Where a safety standard specifies two or more sets of requirements as alternative methods of complying, and the regulator gives a supplier a written request to nominate which set it has complied with, is complying with, or intends to comply with, the supplier must give the regulator a written notice nominating that set within the period specified in the request.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers, importers and sellers
Products
Consumer products, textiles, apparel, home textiles
Markets
AU

This bites on the recorded care labelling standard F2023L01187, whose sections 11 and 12 are alternatives - AS/NZS 1957:1998 as varied, or clause 4 of ISO 3758:2012. Choosing a route is not the end of it: the route chosen is answerable on request, which means it has to have been decided and recorded rather than settled after the fact. The section reaches a supplier who has supplied, is supplying, or merely intends to supply.

Drafted from section 108 of Schedule 2.

Where a person supplies consumer goods in contravention of section 106 and another person suffers loss or damage because of a defect in or dangerous characteristic of the goods, because of a reasonably foreseeable use or misuse of them, or because information required by the safety standard was not provided, and that loss or damage would not have been suffered had the goods complied, the loss or damage is taken to have been suffered because of that supply.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers, importers and sellers
Products
Consumer products, textiles, apparel, home textiles
Markets
AU

A deeming provision on causation rather than a duty in its own right, recorded because it changes what a claimant has to establish. Missing information required by the standard is named alongside a physical defect, so a labelling failure sits on the same footing as a dangerous characteristic.

Drafted from section 106(7) of Schedule 2.

The Commonwealth Minister may, by written notice, make a safety standard for consumer goods or product related services of a particular kind for the purposes of preventing or reducing the risk of injury to any person. A safety standard for consumer goods may consist of requirements about performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging; about testing during or after manufacture or processing; and about the form and content of markings, warnings, instructions or other information accompanying the goods.

No date set Confirmed In force, dates fixed in published law

Who it falls on
Manufacturers, importers and sellers
Products
Consumer products, textiles, apparel, home textiles
Markets
AU

Recorded because it sets the outer limit of what a future Australian standard can require, and that limit is wide: composition and methods of manufacture are named, not only performance and labelling. A standard reaching into how cloth is made would be within power.

Drafted from sections 104(1) and 104(2) of Schedule 2.

Read the official text

This is a register, not advice. It records what an instrument says and when it applies. Whether it applies to a particular company, product or shipment is a question for somebody who knows that business, and the answer is frequently not what the summary above would suggest.

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