ACCC and recalling goods

One of the functions of the ACCC is to protect consumers.

When a therapeutic good is a consumer good, the supplier must inform the ACCC about safety-related recalls.

Recall provisions under the Australian Consumer Law apply to consumer goods and include both sponsor initiated recalls and compulsory recalls ordered by the Australian Government Minister for consumer safety (the Minister).

However, therapeutic goods that do not meet the definition of consumer goods^[10] are not subject to the Australian Consumer Law for example:

• medical devices used in hospitals
• goods used strictly in the practice of medicine and not supplied directly to consumers for personal, domestic or household use.

TGA coordinates recalls of therapeutic goods that are also consumer goods.

When a therapeutic good is also a consumer good, the person carrying out the recall is required to provide the Minister with written notice of the recall within two days of taking that action (Section 128 of the Australian Consumer Law (ACL), Schedule 2, Competition and Consumer Act 2010).

• Go to the Submit a recall page on the ACCC website.
• Complete and submit the ACCC online form (preferred method).

Compulsory recalls

The Minister may also issue a compulsory recall notice for a consumer good.

Sections 124 and 125 of the Australian Consumer Law, Schedule 2, Competition and Consumer Act 2010 sets out the actions the supplier of a compulsorily recalled good is required to take if the supplier repairs or replaces the goods.

Recalling consumer goods

Suppliers should be mindful of the Consumer Guarantees specified by the ACL.

The consumer can seek a refund, repair or replacement if the quality is unacceptable or the goods are unsafe.