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About product bans
Bans can be placed on products or product related services if there’s a risk of serious injury, serious illness or death.
Permanent bans can only be made by the Commonwealth Minister.
Interim bans can be made by the Commonwealth Minister as well as by relevant state or territory ministers.
See a list of banned products.
A common misconception
People often think that all products sold in Australia must meet safety standards.
This isn’t correct. Bans and mandatory standards are only made when evidence shows a high risk of serious injury, serious illness or death related to a product.
Supplier responsibilities
Under the Australian Consumer Law, suppliers need to make sure the consumer products they sell are safe and fit for purpose.
Suppliers who fail to comply with product bans under the Australian Consumer Law may face enforcement action that may attract significant fines and pecuniary penalties.
If a product or product related service has been banned, it is against the law to supply or offer to supply it.
It is also against the law to manufacture, possess or have control of a banned product.
Anyone in the business of supplying a product must comply with the ban. This includes:
- manufacturers
- importers
- distributors
- retailers
- hirers.
Under the Australian Consumer Law, supply includes for:
- goods, including the resupply of goods – by sale, exchange, lease, hire or hire-purchase. It also includes re-supply of goods
- services – by providing, granting or conferring.
Before you supply products to consumers in Australia, you should:
- check if any of the products that you supply are subject to a product ban
- if selling online, block any products which are banned in Australia, or non-compliant with Australian laws, from being shipped to Australia
- have product safety compliance systems in place
- stay up to date with product safety developments in Australia by subscribing to ACCC Product Safety email alerts.
If you’re aware of any banned or unsafe products being supplied in Australia, you can report an unsafe product.
Special rules apply to consumer products supplied for export only. Businesses that supply consumer products for export only should seek legal advice if any of those items are subject to a ban.
See more information on responsible sourcing of products and selling online.
Types of bans
There are 2 types of bans that can be imposed.
Interim bans
The Commonwealth Minister as well as relevant state or territory ministers can impose an interim ban on products or product related services, if they think:
- the product will or may injure someone
- as a result of the service being supplied, the product will or may injure someone
- using or misusing the product, or the product to which the service related, in a 'reasonably foreseeable' way will or may injure someone.
Interim bans imposed by the Commonwealth Minister apply nationally.
Suppliers must be notified and given an opportunity to call a conference before the ban is imposed, unless the minister decides that there is immediate danger to the public. A conference is an opportunity for the suppliers to meet with the ACCC to discuss further.
If the Minister decides there is immediate danger to the public, suppliers will be notified and have an opportunity to call a conference at the time or soon after the ban is imposed.
State and territory ministers can only impose interim bans that apply in their state or territory. They are not required by the Australian Consumer Law to notify or confer with suppliers before imposing a ban.
Interim bans last for 60 days and can be extended for up to 60 days.
Permanent bans
The Commonwealth Minister has the power to declare a permanent ban on a product or product related service. Permanent bans apply nationally.
The minister publishes a proposed ban notice on the ACCC Product Safety website and asks affected suppliers to consult with the ACCC.
If there is a risk of death or serious injury from the unsafe product, a ban can be imposed immediately, and suppliers invited to a afterwards.
A permanent ban that was imposed under the Trade Practices Act 1974 continues in force as if it were a permanent ban imposed under the Australian Consumer Law.