The ACCC wants a 'general safety provision'
introduced into the Australian Consumer Law (ACL) by the end of
2019. Such a provision would impose an obligation on suppliers to
not supply unsafe products to Australian
consumers.1
What is a 'general safety provision'?
A general safety provision imposes a statutory obligation on a
supplier not to supply unsafe goods to consumers – as opposed
to a supplier merely being exposed to consumer claims for damages
and other remedies after an injury has been caused by the
goods.
The practical effect of such a provision is that suppliers must
(in order to avoid contravention and penalties) take proactive
steps to check the safety of a product before they make a decision
about whether to supply it to consumers. While it may come as a
surprise to many, no such obligation currently exists under the
Australian Consumer Law.
