Bans

Bans can be placed on consumer goods or product-related services if there is a risk that it may cause serious injury, illness or death.

On this page:

 As of 1 January 2011 there are two types of bans:

• interim bans - imposed by any responsible minister. An interim ban lasts for 60 days and can be extended for up to another 60 days
• permanent bans - may only be imposed by the Commonwealth minister.

Failing to comply with a ban is an offence.

A ban on a consumer good makes it unlawful for anyone, in trade or commerce, to:

• supply
• offer to supply
• manufacture
• possess, or
• have control of the consumer good. 

Special rules apply to consumer goods supplied for export only. Businesses that supply consumer goods for export only should seek legal advice when those goods are subject to a ban.

A ban on a product-related service makes it unlawful for anyone, in trade or commerce, to supply or offer to supply that service.

This site lists all Commonwealth permanent and interim product safety bans and state or territory interim bans.

Interim bans

Relevant Commonwealth, state and territory ministers can impose an interim ban on consumer goods  if they consider:

• the goods will or may injure someone
• using or misusing goods  in a 'reasonably foreseeable' way will or may injure someone, or
• another minister has imposed an interim ban on the goods, which is still in force.

Relevant Commonwealth, state and territory ministers can impose an interim ban on product related services if they consider:

• as a result of the service being supplied, the goods will or may injure someone
• using or misusing goods to which the services related, in a 'reasonably foreseeable' way, will or may injure someone, or
• another minister has imposed an interim ban on the service, which is still in force.

Interim bans last for 60 days unless extended by the minister for up to another 60 days.

Interim bans imposed by the Commonwealth minister apply nationally, and the Commonwealth minister must notify suppliers and give them an opportunity to call a conference before imposing the ban. This applies unless the Commonwealth minister determines that there is imminent danger to the public. In this case, suppliers will be notified and have an opportunity to call a conference at the time, or shortly after the ban is imposed.

State and territory ministers can only impose interim bans that apply in their state or territory. State and territory ministers are not required by the ACL to notify suppliers or give them an opportunity to call a conference before imposing a ban. Suppliers are responsible for staying informed about their legal obligations.

An unsafe goods notice (also known as a temporary ban) declared under the Trade Practices Act 1974 which was still in force on 1 January 2011 continues in force as if it were an interim ban imposed under the ACL.

Permanent bans

Only the Commonwealth minister responsible for administering the ACL can impose permanent bans. Under the ACL a ban is a legislative instrument, which means it will sunset after 10 years.

A permanent ban imposed under the Trade Practices Act 1974 which was still in force on 1 January 2011 continues in force as if it were a permanent ban imposed under the ACL.

Any ban imposed by the Minister applies throughout Australia.

If the Commonwealth Minister proposes to introduce any sort of ban (interim or permanent), the Minister must normally publish a proposed ban notice on the internet and invite affected suppliers to request a conference with the ACCC.

If there is an imminent risk of death or injury from the unsafe product, a ban can be imposed immediately and suppliers invited to a conference after the event.

View Legislation and Penalties and consequences for more details about bans and the law.

Full list of banned products

This site lists all Commonwealth permanent and interim product safety bans and state or territory interim bans.