> Product safety  > General safety information  > Safety overview

The scope of the Act is intended to:

• inform consumers of the safe limits in using products
• develop uniform safety standards for consumer products and
• enable research and investigation of the causes of product related deaths and injuries.

The Office of Consumer and Business Affairs administers the Trade Standards Act 1979 and may introduce standards and/or regulations, bans or recalls covering the manufacture or supply of goods and services. These requirements may cover any one or more of the following:

• Safety Standards
  Certain goods must comply with particular design, construction, composition, performance or other characteristics (eg. construction of toys for children up to and including 36 months of age).
  
  
• Information Standards
  Prescribed information must be given to consumers when they purchase specified goods (eg. labelling for clothing and garments).
  
  
• Recalls
  Manufacturers or suppliers of products can be ordered to recall and rectify those products deemed to be hazardous. Recall notices are published in daily newspapers and in the same medium in which the product was initially advertised or promoted.
  
  
• Declared Dangerous or Banned Goods
  Dangerous goods which cause risk or injury can be totally banned from sale.

Suppliers and manufacturers should be aware that in cases where there is no existing standard available, the mandatory standard is created by regulation. Where an existing standard is available, such as a published Australian Standard, this is used as the basis for the mandatory standard. The mandatory standard specifies the goods covered and may vary the published standard.

Consumer Rights
Consumers have a right to expect that the products they purchase will be safe and that the information provided with goods is accurate and easy to understand.

Consumer Responsibilities
Consumers also have a responsibility to use a product safely and be aware of the possible dangers of old and modified products. No matter how well a product is designed and constructed, no matter whether regulations are in place, there are still risks and consumers have a responsibility to reduce those risks.
Consumers can contribute to their own safety and that of others by:

• Buying products that meet standards
• Reading all instructions before use
• Carefully following instructions
• Using a product for its intended purpose only
• Being aware of the surroundings in which a product is being used and possible effects on others
• Checking the ongoing condition of the product
• Taking a safety problem back to the supplier and
• Advising the appropriate agencies about safety concerns.

Supplier/Retailer Responsibility
Suppliers and retailers must provide safe products and should always seek professional advice to ensure their products comply with the mandatory safety requirements.

Suppliers should contribute to the safety of consumers by:

• incorporating safety into product design
• implementing a quality assurance program
• complying with standards (as a minimum)
• providing clear instructions for proper use
• identifying foreseeable misuse and providing warnings against it
• identifying hazards associated with the product and providing warnings
• implementing feedback systems
• developing product recall plans and procedures and
• responding quickly to safety concerns.

Compliance Checks
Standards Officers from the Office of Consumer and Business Affairs conduct random checks of retail and wholesale premises throughout South Australia. They check to ensure compliance and investigate allegations of hazardous goods for sale or distribution.

Product Liability
Section 26 of the Trade Standards Act 1979 contains product liability provisions. Under these provisions, consumers are able to seek compensation or damages for personal injury or other loss caused by dangerous goods or services that do not comply with the appropriate safety standard.

Generally it is manufacturers or importers of products who are liable under section 26. However, in instances where other suppliers, such as retailers, cannot identify the manufacturer or importer, they may be deemed liable for the damages.

Suppliers may reduce their exposure to product liability action through responsible and sensible business practices such as:

• regularly reviewing product design and production
• implementing and reviewing quality assurance procedures
• product testing to relevant standards
• appropriate marketing and
• providing clear and thorough user instructions.

Penalties
Supplying goods that do not comply with a mandatory standard is an offence under the Trade Standards Act 1979 and may result in fines of up to $10,000.

Related information

• Links for product safety
  Contact us about product safety
  

• Home

• Media releases

• Popular pages
  • Business advice
  • Consumers advice
  • Youth advice
  • Online services

• Languages

• A-Z Search

• Help