New Notification Requirements For Suppliers Of Consumer Goods

The Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 was passed by both houses of Parliament on 24 June 2010 and is currently awaiting royal assent. The bill imposes onerous notification requirements on suppliers of goods which are associated with the death, serious injury or illness of any person. The relevant provisions are expected to commence on 1 January 2011.

The bill provides that if a supplier of consumer goods in trade or commerce becomes aware that a death, serious injury or illness has been caused, or may have been caused, to a person by the use or foreseeable misuse of the goods, the supplier must give written notice to the Minister within 2 days of becoming so aware ("the notification requirement"). Further, the supplier must provide such notice if the supplier becomes aware that another person considers that a death, serious injury or illness has been caused, or may have been caused, by the goods.